How to pick up the claim from the court

How to pick up the claim from the court

Very often there are situations when the plaintiff wishes to pick up his statement from the court. Moreover, this may have a lot of reasons, however, according to the law, the applicant has the right to not tell about them. You can stop the case at any stage of it. Let's look at how quickly and correctly submit a request for a review of the claim.

1
Not all of the ICC end in legal proceedings. Sometimes for the plaintiff at a certain point, the stated problem loses its meaning, or, for example, the legal authority refuses to produce this case. As determines 39th article of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation)The applicant has the right at any stage of legal proceedings to change its demands or even abandon the claim. And "Femid" takes any decision if it does not contradict the current legislation.

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2
The complexity of the question under consideration depends on the limitation period of the claim. If you want to close the case before the start of the trial, the procedure will take a little time. To do this, contact the judicial office and write there a statement about the refusal of the filed claim. Register the Document at the secretary and expect a decision of the judge. If the request is satisfied, the appropriate ruling is issued, as well as the claim you applied. These documents can be useful when re-accessing a court with this issue. Reference information on your claim can always be found on website of the Supreme Court of the Russian Federation. For this you need to know the number of the case, the type and date of its receipt.

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Top court reference info

3
If the filed claim is already beginning to "recruit its turnover", including the stage of the preliminary hearing, in this case your procedure changes slightly. For recalling your business, you need:

  1. Contact the appropriate instance for writing a petition for refusal.
  2. To voice your decision on the hearing of the case, presenting the judge registered form of the document.
  3. Expect court decision.

Changed

4
If you satisfy the request, you are given a decision on the termination of the case. In addition, it is possible to receive it by email. You have the full right to demand a copy of the claim, however, in this case, its reuse is not provided for by law. If necessary, you need to excite a new thing.

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5
In addition, you can return the whole amount of the state duty, which was paid for consideration of the application. To do this, provide a request for the established sample to the judicial office and attach a copy of the decision on termination. If the court approves your choice, an executive act is created, which provides for the obligation of the defendant before the plaintiff to return the appointed amount of the collection. It should be noted that if you lose the moment, legal costs are distributed automatically "50 to 50".

6
"Manage" your business without leaving home or office can be in remote mode - through portal "My Arbitrator". To apply for a statement, change data, as well as make a request for a review - now these features are available in the electronic version. To do this, log in and carefully follow the prompts of the arbitrator.

My arbiter feedback

In fact, the procedure for referenceing a claim from the court is simple. If you have any doubts about filling out the documentation, you can always turn to a good lawyer. However, in order to exclude possible waste and misunderstandings before applying for a claim, think carefully whether you are ready to continue legal proceedings on this issue.

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