Sample objection to a private complaint

Drawing up objections to a private complaint

Before drawing up objections, carefully read the text of the private complaint. The objection must refute the arguments of the complaint and contain judgments about its groundlessness. It is recommended to draw up an objection when there is a possibility of the court ruling being overturned in order to support its arguments. When preparing objections, you should take into account the general requirements for such documents.

An objection to a private complaint is addressed to the appellate court. In the header you must indicate the applicant's information and your address.

The name of the document must be indicated: Objection to a private complaint

In the text, indicate with which arguments of the private complaint you do not agree and why. Provide your rationale for controversial positions. At the end, add a date and signature.

It will be necessary to attach copies of it to the objection according to the number of persons participating in the case. It is allowed to attach documents confirming the objection to a private complaint. In this case, the state duty is not paid.

Objections to a private complaint are filed with the court of first instance.

Registration of objections

Objections are drawn up according to the rules for filing complaints and applications, which means they must begin with a “header”, which includes information about who the objections are being sent to and from whom they are being sent.

Expert opinion

Under the “header”, in the center of the sheet, is the name of the document itself - “Objections to a private complaint.” Under the title there is a motivational part of the objections, which includes:

1. the date of the appealed ruling;
2. name of the party making the private complaint;
3. a minimal statement of the essence of the judicial ruling;
4. a summary of the arguments of a private complaint, reduced to the minimum;
5. listing your own counter-arguments refuting the arguments of the private complaint.

The motivational part of the objection ends with the words “based on the above, P R O SH U.” From this moment, the motivational part turns into the operative part, which contains a clearly expressed wish of what exactly you want from the appellate authority. For example, “I ask that the defendant’s private complaint be dismissed and the court’s ruling left unchanged.”

If any documents or materials are attached to the objections, they should be listed in the “Appendices” section, which is located in a column in the lower left corner of the document.

What is a private complaint?

In addition to decisions on the merits of the claim, during the consideration of the case, the court may also adopt certain interim acts aimed at resolving a particular issue related to the claim.

Interim acts are drawn up in the form of resolutions and definitions concerning, for example:

1. refusal to accept a claim;
2. refusal of a request to disqualify a judge;
3. seizure of property or removal of seizure from property;
4. appointment of an examination or refusal of a request for its appointment, etc.

Since any resolution or determination in one way or another affects the interests of the parties, the law provides for the possibility of appealing some of them through a private complaint.

Thus, court rulings regarding:

• questions about the amount of state duty, exemption or refusal to exempt from payment of state duty,
• questions about measures to secure a claim (imposition of bans or seizures limiting the right to dispose of property that is the subject of a legal dispute);
• suspension of proceedings on the claim;
• restoration of the limitation period or refusal to restore this period;
• refusal to accept or abandonment of a claim, application or petition;
• introducing amendments to a previously adopted court decision;
• suspension or termination of proceedings on the claim;
• refusal to accept a cassation or appeal.

Legislative basis

Citizens who disagree with a court decision have the right to appeal decisions.
A private complaint against a court ruling in a civil case is the first step towards a possible review of the issue. The complaint is addressed to a higher authority - the court of second instance. The appeal algorithm is established by Chapter 39 of the Civil Procedure Code - Federal Law No. 138 of November 14, 2002 (hereinafter referred to as the Civil Procedure Code). The following “inaccuracies” are recognized as grounds for appealing decisions of the courts of first instance:

• the facts of the case were incorrectly established and then interpreted;
• legal issues within the framework of the application of procedural and substantive law are not correctly interpreted.

To resolve a dispute on the merits of a private complaint, consideration takes place without the participation of the parties and relevant witnesses, defense attorneys, prosecutors, etc. However, in complex and confusing situations, the appellate court can still summon the parties to a hearing (Article 333 of the Code of Civil Procedure).

The concept of an objection to a claim

The proceedings of any civil case are based on the principles of adversarialism and equality of plaintiff and defendant. This means that they have the same rights so that each of them can prove to the court the validity of his position. The court makes a decision in favor of the party that provides more evidence. The court itself does not collect them on its own initiative.

Therefore, having familiarized yourself with the provisions of the statement of claim, if you disagree with them, you can begin to draw up this document. This is expressly stated in clause 2, part 2, art. 149 Code of Civil Procedure of the Russian Federation. An objection to the statement of claim can be filed not only by the defendant, but also by other participants in the process (third parties with or without independent claims).

It is drawn up in writing and contains the position of the defendant on all issues with which he does not agree completely or in some part.

Will there be any benefit from objections?

When filing objections, you should remember that they do not apply to mandatory procedural documents. You can be sure that objections will be attached to the case materials, but you cannot be sure that the appellate authority will read them.

The benefit of objections lies elsewhere. The fact is that the appellate instance does not practice summoning all participants in the process to a court hearing to consider a private complaint, especially since the law does not oblige it to do this.

This is important to know: Claim proceedings in arbitration proceedings

Thus, Article 333 of the Code of Civil Procedure provides that the appellate authority considers private complaints without the participation of the parties, but, given the complex nature of the case, it can (but is not obligated to) invite interested parties to the court hearing.

However, the appellant who appears will be given the floor. Accordingly, subject to the presence of objections, the appellate instance will give the floor to the opposing party. That is, the author of the objections will be able to personally convey his point of view.

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When is it served?

The civil process is adversarial in nature, so each party must reasonably defend its position. From the moment the statement of claim is accepted and the corresponding ruling is made by the court, the defendant has the right to object to the claim in civil proceedings, which is one of the tools for protecting his interests in court.

At the legislative level, there are no obstacles to considering a case in case of failure to provide a document: the court can consider the case on the basis of available evidence and arguments. The defendant should always use this method of expressing his position, and should use a sample objection to a statement of claim to the court.

Withdrawal of a private complaint from court sample

// During the resolution of a civil dispute, all parties to the process have the right to submit petitions.

Such applications are considered by the court within the time limits established by law, taking into account possible objections from other participants in the case.

Regarding the submitted petition, the court issues a reasoned ruling in which it satisfies it or denies it. The application for withdrawal of the petition itself indicates the reasons for such a request.

They must be very clear to the court.

For example, the court will not accept an application to withdraw a request to order an examination only because the applicant is in a difficult financial situation and cannot pay for it.

In this case, the court has the right to order an examination at the expense of the state. Private complaint against a court ruling. The district court made a default judgment, according to which a certain amount of money was recovered from the defendant in favor of the plaintiff to compensate for the damage caused by the traffic accident.

The defendant, not agreeing with the specified court decision in absentia, filed an application to cancel it within the period established by law. However, by the ruling of the district court, the defendant was denied the application to cancel the default judgment.

The defendant asks the court to cancel the ruling refusing to satisfy the application to cancel the default judgment.

_____________ year _____________ the district court of the city ______ made a decision in absentia, according to which, from LLC "_____" in favor of ____________, _______ rubles __ kopecks were recovered as compensation for damage caused by the traffic accident.

, state duty in the amount of _________ rubles __ kopecks, and a total of ________ rubles __ kopecks. Having not agreed with the indicated court decision in absentia, I filed an application for its cancellation within the period established by law. However, by the decision of the ______________ district court of the city.

_______ dated _______________ I was denied an application to cancel the default judgment dated ______________. I believe that this determination is subject to cancellation due to a significant violation by the court of first instance of the norms of procedural and substantive law. According to Art.

113 of the Code of Civil Procedure of the Russian Federation, persons participating in the case, as well as witnesses, experts, specialists and interpreters are notified or subpoenaed to court by registered mail with acknowledgment of delivery, a subpoena with acknowledgment of delivery, by telephone message or telegram, by fax or using other means communication and delivery, ensuring the recording of a judicial notice or summons and its delivery to the addressee. A judicial summons is one of the forms of judicial notices and summons.

Persons participating in the case are notified by court summons of the time and place of the court hearing or the performance of certain procedural actions.

Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case.

Subpoenas also serve to summon witnesses, experts, specialists and translators to court. Persons participating

How to withdraw a complaint from court

May 4, 2012 Author KakSimple!

How to withdraw a complaint from court In judicial practice, situations quite often occur when the defendant and plaintiff are reconciled before the trial. The reached compromise solution saves both parties from lengthy and exhausting litigation. There is only one small but important formality left - to withdraw the complaint from the court.

1. Sample application for cancellation of a court decision in absentia
2. How to withdraw a claim from court Question “Can a daughter move to live in France if her mother is married to a Frenchman???” — 1 answer Instructions 1 Before withdrawing a complaint from the court, carefully consider your decision. The decision to withdraw a filed complaint is equivalent to its non-filing.
   And when a new similar complaint is received, the judicial machine will begin its work anew.

   Therefore, write a refusal only if you are fully confident that your interests will no longer be violated. 2 Withdrawal of a complaint from the court does not mean that you can no longer file other complaints. But newly filed complaints will be considered on a general basis.

   3 Make a written application to the court to refuse the complaint. If you doubt that you can handle it on your own, call a lawyer for help. Try to ensure that the text does not contain anything superfluous, is brief and precise in its wording.

   You may not indicate the reasons for your refusal. This is your legal right. 4 Be sure to take the application to the court before the trial begins. Although, even if you do not meet the deadline, you can withdraw the complaint before the court makes a final decision on the case.

   If desired, submit your application by mail. However, please take into account the delivery time of postal items.

   5 Please note that if you refuse a complaint, the law does not provide for reimbursement of any costs associated with legal proceedings. You also do not have the right to withdraw your complaint if the decision of the first instance court was previously appealed by other persons. In all other cases, the court must accept your refusal.

   After this, the judge issues a ruling to terminate the proceedings.

   6 If you have hired a professional lawyer in advance to litigate, be aware that he has no right to withdraw complaints without your consent, unless the complaint was filed against your will.

   You yourself have the right to withdraw not only your complaint, but also the complaint of your lawyer. Useful advice If you want to change the content of your complaint, there is no need to withdraw the previously filed one.

   Is the advice useful? Yes No Print How to withdraw a complaint from court Search

   • What to do if a counterclaim is filed

   How to draw up a waiver of claim

   Read also:  Practice of keeping a book of complaints and suggestions
3. How to refuse a judge
4. How to withdraw a complaint from court
5. How to draw up a waiver of claim
6. How to refuse a judge
7. What to do if a counterclaim is filed

Application for withdrawal of a private complaint sample

Free consultation by phone TO THE COURT CHAMBER FOR CIVIL CASES OF THE COURT OF APPEALS OF THE LOY REGION 32000, city L-k, P-va street, building 6 in civil case No. 2-128/2008 on the claim of Ivanova O.P. to Ivanov I.I.

“On the collection of funds for child support (alimony)”

on the withdrawal of the appeal by the decision of the local A-th district court of the L-th region dated April 20, 2008 in civil case No. 2-128/2008 claim of O.P. Ivanova.

to me

“On the collection of funds for child support (alimony)”

fully satisfied, from me in favor of O.P. Ivanova.

alimony was collected for the maintenance of daughter Ivanova N.I. January 01, 2005 birth in the amount of 300 UAH.

monthly, starting April 1, 2008 until she reaches adulthood. On April 22, 2008, I filed an appeal against the above decision of the local A-th district court of the L-th region. The hearing of the case in the appeal court is scheduled for May 30, 2008.

Currently, my financial situation has changed and I have the opportunity to pay the amount of 300 UAH monthly collected from me by the local A-th district court of the L-th region for the maintenance of my child, and therefore I wish to withdraw the filed appeal.

Based on the above, guided by part 2 of Article 300 of the Code of Civil Procedure of Ukraine, an appeal against the decision of the local A-th district court of the L-th region dated April 20, 2008 in civil case No. 2-128/2008 on the claim of Olga Petrovna Ivanova against me

“On the collection of funds (alimony) for child support”

.To the judicial panel for civil cases for participation in the case (plaintiff, defendant) Full name________________________Address: _____________________________________Tel. __________________ On the refusal of the appeal against the decision of the __________________ district court dated 201__, case No.___________ on the claim of ______________ against the defendants _______________ about ________________________________ In accordance with Part 1 of Art.

326 of the Code of Civil Procedure of the Russian Federation, refusal of an appeal is allowed before the court makes a ruling. Based on the above, guided by Article 326 of the Code of Civil Procedure of the Russian Federation, I refuse the appeal and ask the proceedings in this case to be terminated. The form was prepared using legal acts as of 07/03/2009.

In ________________________________ on the withdrawal of the appeal/cassation complaint, by the verdict (decision) _________________________________________________ (name of the court) dated “___”________ ____ in case No. _____________, it was decided: __________________________________________________________________________.

(indicate the essence of the decision made) Having disagreed with this verdict (decision) of the court, “___”________ ____g. I filed a cassation appeal (N ________________________) to (incoming complaint number)___________________________.

In connection with ______________________________________________________________ (indicate the reasons for withdrawing the cassation appeal)________________________________________________________________________________________________________________________________________________________________ and in accordance with Part.

Withdrawal of a private complaint against a court ruling sample

List of documents attached to the complaint (copies according to the number of persons participating in the case): Date of filing the complaint ___ _________ ____

Signature of the applicant _______ complaint: Private complaint against a court ruling (35.5 KiB, 11,775 hits) Recently, someone in the next topic was looking for this information: response to a private complaint sample In this regard, we decided to help our forum members solve this problem and together with my assistants we found everything related to this topic.

I compiled the archive with my own hands and selected materials from what I found. If there are any misunderstandings, write a personal message on the forum.

I’ll also add on my own behalf: write to the court where you filed the complaint, from whom, full name Application for withdrawal of a private complaint, the date I filed a private complaint.

Only a professional lawyer with experience can decide what evidence needs to be used to strengthen the position of the revocation and what legislative tricks can be used in court. The complaint must be submitted in writing: it must state the essence and also indicate the number of the lawyer in a special register; this number can be found on a specialized website.

However, the plaintiff (defendant) in the appeal challenges this decision of the court of first instance, citing __________________________ (list the applicant’s arguments set out in the appeal).

I note that the plaintiff’s arguments are untenable (do not correspond to the actual circumstances of the case), since ____________________________ (indicate the reasons for disagreement with the applicant’s arguments).

In this connection, I believe that the decision of the trial court is legal and justified.

The court objectively and fully examined the factual circumstances of the case, on the basis of which the correct conclusions were drawn.

Therefore, I believe that there are no grounds for canceling or changing the decision of the trial court.

Source: https://consalting39.ru/otzyv-chastnoj-zhaloby-iz-suda-obrazec-33742/

When should you file an objection?

Any citizen, after receiving a statement of claim, has the authority to immediately draw up a response letter objecting to the requirements specified in it. This right is prescribed at the legislative level, anyone can use it.

Expert opinion

Makarov Evgeniy Sergeevich

Arbitration manager with more than 10 years of experience

It is worth noting that the court can accept arguments and objections without providing a documented letter.

Required documents

Various documentation can be attached to the objection to a private complaint (the exact list of documents is not defined by law).

The following must be attached to the objection:

• a copy of the power of attorney, if this objection is filed on behalf of a person by his representative acting on the basis of a power of attorney;
• materials proving the validity of the request stated in the objection.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Addendum to the objection to the claim

Having submitted objections to the claim, a person is not deprived of the opportunity subsequently, in the event of a court hearing being postponed, to provide additions to the objections already filed.

The need to provide objections may be caused by explanations from the plaintiff’s side, clarification of some new circumstances, the emergence of judicial practice on a similar dispute, etc.

In courts of general jurisdiction, an audio recording of a court hearing is not always kept; it is sometimes difficult to familiarize yourself with the minutes of the hearing in a timely manner, therefore, in additions to the objection, you can express your point of view regarding the plaintiff’s explanations during the trial, focusing on certain phrases and statements of the plaintiff’s side.

BUT in any case, within the established time frame, you should submit an application to familiarize yourself with the minutes of the court session, familiarize yourself with it and, if necessary, make a comment on it.

What can be appealed

The law established two principles that must be followed when appealing determinations:

• court decisions that violate the legitimate interests of citizens and legal entities are appealed;
• or slowing down/stopping further proceedings in civil cases.

In practice, it turns out that some decisions can be challenged, while others will have to be put up with. This division is carried out by the Civil Procedure Code.