How to change the claims

How to change the claims

Changing the claim is the legal right of any plaintiff that is spelled out in article 39 of the Civil Procedure Code (GPC) and article 49 of the Arbitration Procedure Code (APK).

1
The plaintiff must write out his claim in accordance with the claims consisting of introductory and descriptive parts, the stated requirements and the list of applications attached to the claim.

2
In practice, there is no separation when the applicant resorts to the need to make changes to the initial claims to clearly and competently express their position to the court. An application for clarification of claims is allowed to be in free form. At the same time, it is important to comply with the current standards for the design of such documents to court. The need to change the source text may be associated with the desire to clarify the basis of the claim, its subject or important points in the case, change the inaccurate formulations, increase or reduce the size of the requirements.

3
When making changes to the basis of the claim, the applicant corrected information about the reasons and circumstances to which he referred to the preceding version of his application. Changing the subject of the claim, the plaintiff makes amendments to the material and legal requirements for the defendant.

4
It is important to remember that the legislation is given the opportunity to change the basis or subject of claim. At the same time, it is impossible to change it, but you can change the subject first, and then the base. Having waited for approving solutions on the first petition, please contact the court with the second.

5
Amendments may concern increasing or reducing claims. When they increase, they will have to pay the state fee, with a decrease - to count on the return of overlaid amounts.

You can change the claims unlimited number of times, up to the decision of the court decision. However, we do not recommend abuse of rights.

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