Sample petition to provide documents to the court

Home / Petitions to the court / Petitions for evidence

It is possible to substantiate claims or the position of a defendant or a third party in a civil case by filing petitions based on evidence. Compliance with the written form of preparation of such petitions contributes to a more attentive attitude towards them on the part of the court. In addition, when a request for evidence is submitted in writing, the court will be obliged to give and justify the assessment of the information contained in the decision.

Motions on plaintiff's evidence

When filing a statement of claim, the plaintiff usually provides copies of the available written evidence. The originals must be provided to the court for review at the preliminary or main court hearing. After the statement of claim is accepted, all written evidence must be included on the basis of an application for the inclusion of documents and additional evidence.

Sometimes the parties do not have the original documents, for example, they are stored in government agencies, are in an organization, etc. In such cases, filing a petition for the collection of evidence, a letter of request, or an examination of evidence at its location will help speed up the process of considering the case.

Typically, lawsuits are filed when the defendant refuses to satisfy the plaintiff's demands voluntarily. The defendant's bad faith may be grounds for filing a motion to secure evidence. Such a document will also help in the presence of circumstances indicating the impossibility of examining evidence after a certain period of time (for example, the departure of a witness for permanent residence outside the Russian Federation).

What is a motion to obtain evidence?

A petition to obtain evidence in a civil case is a procedural document that allows you to ask the presiding judge for help in encouraging an individual or organization to provide evidence in the case. This paper will be considered only in cases where the requested information is truly relevant to the present case. Such a request has the following qualitative criteria:

The document can be drawn up and presented to the court at any period of procedural actions, both together with the petition of claim, and during the consideration of this case, during the trial.
The petition is submitted in any process, both in a civil dispute and in arbitration or in an administrative claim.
The paper can be filed by any officially registered participant in the proceedings - the plaintiff, the defendant, their official representatives by proxy, as well as other persons who are interested in the outcome of this proceeding.
The court reviews the submitted paper and makes a decision on its own if it believes that the evidence will be useful for making a decision, which obliges the applicant to present the facts as clearly as possible for understanding.
The plaintiff or defendant filing the petition must convince the court that he has already made unsuccessful attempts to independently obtain the requested materials.
The petition for subpoena must describe in detail all the details of the requested materials to be seized.

Collection of evidence

Important! A participant in the trial must think in advance about the procedure for protecting his own interests, including the seizure of the specified evidence, and draw up this petition for a judicial request, since if the court limits itself to just one meeting in the case, it simply may not have time to take this important step.

Covering letter for submitting documents to the court

After the main text, make a note with the number of attachments.

This will allow the recipient to process documents faster and reduce the likelihood of them being lost.

In the final part, provide the details in which the sender will put his signature, as well as his position, full name.

The authors of the cover letter can be employees of various positions: company director, chief accountant, department head, manager, etc.

Moscow, st. Ryabinovaya, 59 Responsible: accountant T.I.

Mironov tel. Ref. No. 79 dated May 30, 2020

Covering letter to the court on the inclusion of documents sample

57 Code of Civil Procedure of the Russian Federation.

And in the arbitration court, filing a petition to include documents in the case materials is regulated by Art. 41 of the Arbitration Procedure Code of the Russian Federation. The court has no right to refuse to accept such a petition.

It must be reviewed and, in case of refusal, a written decision must be made justifying the reasons.

Sample petition for the inclusion of documents in the case materials The law does not clearly provide for the procedure and rules for the inclusion of documents in the case materials.

However, a certain practice on this issue has long been established - the interested party files a petition for the inclusion of documents.

Documents can be attached in the form of originals or properly certified copies.

Only original documents are submitted in the following cases: the facts of the claim can be confirmed only by these documents, according to the Law, the claim cannot be considered in court without the presence of the original

Covering letter for documents

Therefore, we will pay special attention to the issue of designing this particular requisite.

Regardless of how the application is formatted, business practice requires a complete listing of the documents attached to the letter, indicating the number of copies and the number of sheets in each of them.

Without this information, the cover letter will lose all meaning.

So, when the documents being sent are already reported in the text of the letter, there is no point in listing their names again.

It is enough to indicate the number of sheets and copies.

See Example 1. Example 1 Fragment of text and a note about the presence of an application (the name of the application is indicated in the text of the letter) If the application is not indicated in the text of the letter, in addition to quantitative data, its name must be indicated. If a package includes several documents, the attachments are numbered. See Example 2. Show

Sample cover letter to court

Plaintiff: Representative of the Plaintiff: tel.

Respondents: Covering letter. Pursuant to the ruling of the district court

about leaving the statement of claim without progress for a year, we ask you to accept the clarification to the statement of claim and to and, on the recognition of the concluded gift agreement as concluded and on the recognition of the right of ownership for proceedings.

Moscow (address) from: (full name) (address) in a civil case on a statement of claim (full name of the plaintiff) to (full name of the defendant) about COVERING LETTER By ruling of the court.

Important Moscow from. . d. the statement of claim (full name of the plaintiff) to (full name of the defendant) was left without movement. In pursuance of the court ruling dated .

How to write a cover letter for documents (sample)?

Text of the letter A covering letter, as a rule, is drawn up in the name of the first head of the recipient company or its division.

In this case, it is recommended to address “Dear” with the name and patronymic of the manager.

If the letter is unaddressed, you can skip the appeal.

The initial phrase of the descriptive part of the letter depends on the organization to which it is sent:

to a third-party organization – “we will send it to you.”
to a higher organization - “we present to you”;
to a subordinate organization - “we send to you”;

This is followed by a description of the purpose for providing the documents and, if necessary, a request for their consideration.

If correspondence is sent at the request of an organization, this must be indicated at the beginning of the letter. List of documents In the covering letter, under the heading “Attachment”, you should indicate an exhaustive list of documents to be sent according to the following

Covering letter to the arbitration court

» » » The document form "" belongs to the heading "Other documents". Save the link to the document on social networks or download it to your computer.

To the Arbitration Court of the city of MoscowApplicant: _____________________address: ____________________________Interested person: Department of the Federal Tax Service for Moscow Preobrazhenskoye ROSP Department of the Federal Service for Social Security of Russia in Moscowaddress: _____________________________ Case No.__________________ In pursuance of the ruling dated ______________ on leaving the application without progress, I am sending to your address a copy of the contested resolution No. ______________ dated __________, a copy postal notification of sending a copy of the application to the interested person and an updated application with the deficiencies specified in the court ruling corrected. "__" _____________ of the year __________________________

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How to correctly write a petition to obtain documents

Like other similar documents, the petition is written using an official business style; it is better not to use colloquial words and expressions.

We invite you to familiarize yourself with: Sample notification of salary payment for VKS

The text consists of two parts: header and body.

In the header in the upper right corner indicate:

name of the court;
information about the applicant (full name or name of organization, address, telephone number, position in the case - plaintiff or defendant);
case number.

Then write the name of the document in the middle, and the main part begins:

In the introduction to this part, the details of the case are indicated: court, case number, full names of participants, essence of the case.
Then they move on to listing the documents that need to be requested.
Indicate facts that can be refuted or confirmed by these papers.
Describe the circumstances why the applicant himself cannot obtain these documents.
Indicate the location of the necessary documents: name of the institution, address.
Then they refer to Art. Arbitration Procedure Code of the Russian Federation, Civil Procedure Code of the Russian Federation or others and formulate a request to request the listed documents and attach them to the file.
The following are the attachments to the petition: copies, documents.
They put a date and signature.

Important! The document can be completed by hand or printed. You can make a petition orally in the courtroom, and submit a written version to the court for inclusion in the case file.

Covering letter to the court on the inclusion of documents sample

SAMPLE APPLICATION FOR ATTACHMENT OF DOCUMENTS

(name of the judicial district or court)

(address of the court or court site)

Plaintiff: ____________________________________________

(Full name or name of organization)

(plaintiff’s postal address, telephone, email)

Respondent: ____________________________________________

(Full name or name of organization)

(address of the defendant, telephone, email)

PETITION TO COURT

ABOUT ACCESSING DOCUMENTS TO THE CASE MATERIALS

In production ____________________________________________________________

There is a civil case No.______ on the claim of ___________________________________

(Full name or name of the plaintiff)

to ___________________________________ about ___________________________________.

(Full name or name of the defendant) (subject of dispute)

According to Art.

35 of the Code of Civil Procedure of the Russian Federation, persons participating in the case have the right to familiarize themselves with the case materials, make extracts from them, make copies, file challenges, present evidence and participate in their study, ask questions to other persons participating in the case, witnesses, experts and specialists ; file petitions, including requests for evidence; give explanations to the court orally and in writing; present your arguments on all issues arising during the trial, object to the requests and arguments of other persons participating in the case; appeal court decisions and use other procedural rights provided by the legislation on civil proceedings.

According to Art.

57 of the Code of Civil Procedure of the Russian Federation, evidence is presented by the parties and other persons participating in the case.

Based on the aforesaid and guided by Article. 35, 57 Code of Civil Procedure of the Russian Federation,

ASK:

1. Consider the above petition for the inclusion of documents in the case file

2. Attach the following documents to the case materials __________________________

PLAINTIFF: ________________________ _________

(last name and initials) (signature)

Request for inclusion of documents

If, after filing a claim in court, it is necessary to supplement the case materials with some written evidence, file a petition for the inclusion of documents.

The law does not establish particularly complex requirements for drawing up and submitting such a petition.

At the same time, judicial practice and the experience of our lawyers in conducting civil cases shows: it is best to provide various documents for evaluation by the court by filing this petition, and in writing.

Documents are attached to the materials of the civil case only if they confirm certain circumstances included in the scope of evidence in the civil case.

For example, in claims for unjust enrichment, these may be documents confirming the bona fide actions of the defendant.

In claims for recovery of material damage - acts of inspection of a vehicle, official investigation, assessment of damage or property, etc.

Original documents may have to be included in the case materials: for example, when ordering a handwriting examination, the original contract must be provided to the court, but not a copy. From the publications on the website, it is not difficult to learn the rules and nuances of drawing up documents for the court. And if necessary, use the help of an on-duty lawyer.

Petition for inclusion of documents (16.5 KiB, 147 hits)