Preparation of a statement of claim to the court, objections in a civil case

If you are faced with the need to file a statement of claim in court, you may naturally have many questions. It is important to understand that a statement of claim in a civil case is an official document that must comply with the rules and requirements of civil law. And only a lawyer knows how to draw it up correctly.

If you have never dealt with the courts before, hire a lawyer and do everything by law. RegService employs legal experts with many years of experience who will tell you what tactics to choose during the hearing so that you can defend your interests.

How to file a statement of claim in a civil case?

As a plaintiff, you need to collect evidence of a violation of your rights on your own or with the help of a lawyer. This can be a contract, receipts, invoices, if it is about the provision of services and the purchase of goods, as well as other documents. Sometimes you have to sue over inheritance, material and moral damages. Here, too, you need a well-collected evidence base.

The requirements for a statement of claim are set out in Article 175 of the Civil Procedure Code of Ukraine, which states that it must be in writing. The usual format is A4 and typing using a typewriter or computer.

It is extremely important to formulate the requirements in the application clearly and correctly. The application conventionally consists of three blocks:

1. introductory part, which indicates the name of the court and the parties to the case, full details of the parties, and the amount of the claim
2. a descriptive part, which sets out the circumstances of the case and the evidence;
3. the pleading part, i.e. the claims themselves.

After that, the plaintiff indicates a list of annexes to the claim, puts the date and his signature. Or a representative, i.e. a lawyer or attorney, does it for him. Also, one of the attachments to the statement of claim must necessarily be a confirmation of payment of the court fee.

Starting from January 1, 2018, the amount of the court fee is determined not by the minimum wage (as before), but by the subsistence minimum for able-bodied persons. If the court fee is not paid or is calculated incorrectly, the case in court will remain without movement until the fee is paid. The original payment receipt must be submitted, not a photocopy. Some categories of citizens are exempt from paying court fees in accordance with the Law of Ukraine "On Court Fees".

The application can be submitted by contacting the court office or by sending it by registered mail.

Procedure for providing evidence in accordance with the Civil Procedure Code

Since December 2017, significant changes have come into force to almost all procedural codes, including the Civil Procedure Code. The new procedure stipulates that, along with the statement of claim and a receipt for payment of the court fee, the plaintiff must submit all documents proving his or her case or provide an explanation for the reason (most often a delay in issuing documents) for which they were not provided. The plaintiff may also ask the court to request a particular piece of evidence if he or she is unable to present it on his or her own.

As you can see, the process of filing a lawsuit can be a very difficult task for a person without a legal education. We guarantee a successful outcome of the case. Contact RegService lawyers right now to prepare the necessary documents:

• by phone
• by e-mail;
• via chatbot.

You may also be interested in:

• Preparation of a counterclaim in a civil case
• Representation in a civil case in the court of first instance
• Preparation and filing of an appeal, objection in a civil case
• Preparation of a cassation appeal, objection in a civil case
• Representation in court in civil cases

Comments