Request to include documents in the case file. Sample and form 2020

During the consideration of court cases, new circumstances or new information often appear that may affect the court's decision.
A motion to add to the case materials is a common practice in court proceedings. At the same time, there is no single approved algorithm on this issue by law. In the article you can also find an application form. During practice, this procedure became established on its own. In this article we will look at how, in practice, to submit additional documents to be included in the materials of the case under consideration.

Request for inclusion of documents

Article 35 of the Code of Civil Procedure of the Russian Federation gives the persons involved in the case the right to present evidence for evaluation by the court.
Since the car body was damaged as a result of an accident, when replacing it in accordance with the order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605, which approved the Administrative Regulations for the provision of registration services for vehicles and trailers for them, I will be denied registration of the vehicle, which and stipulates the filing of claims in the amount of the full cost of the car. 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.

Legal services, lawyer, law, lawyer, court, consultation, divorce

In accordance with paragraph 7 of Art. 10 of the Code of Civil Procedure of the Russian Federation, persons participating in the case and citizens present at an open court hearing have the right to record the progress of the trial in writing, as well as using audio recording means. And subsequently this audio recording can be used as evidence in the case. In practice, requests to include an audio recording recording the course of a court hearing are, as a rule, not granted if they contain information undesirable to the judge. This only indicates the illegality of our trial. In the arbitration process, this problem has already been solved: now officially in arbitration courts, the course of the court hearing is always recorded on audio tape. In this regard, all arbitration courts were equipped with appropriate equipment. And this does not detract from the right of persons to audio-record the course of a court hearing. Although there is a flaw in the practice of the arbitration process: the inclusion of audio recordings by a party in the case materials is permitted within the meaning of Art. 155 of the Arbitration Procedure Code of the Russian Federation only when submitting comments on the protocol. This rule infringes on the rights of the parties, since this type of procedure should be regulated at the level of the relevant code. ——————————— Gorshkova L.L. Question and answer // SPS “ConsultantPlus”.

Evidence is information about the facts obtained in the case in the manner prescribed by law, on the basis of which the court establishes the presence or absence of circumstances justifying the demands and objections of the parties, as well as other circumstances that are important for the proper consideration and resolution of the case. Evidence obtained in violation of the law has no legal force and cannot be used as the basis for a court decision. ——————————— Article 55 of the Civil Procedure Code (CCP) of the Russian Federation dated November 14, 2002 N 138-FZ.

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Request for inclusion of evidence in an administrative case

An administrative case is pending in court regarding my claim against the Federal Migration Service of Russia in the Eastern Region to challenge the decision not to allow entry into the Russian Federation. In accordance with Article 45 of the CAS of the Russian Federation, persons participating in the case have the right to present evidence. In support of the legally significant circumstances in the case, I present the following written evidence: The decision on the complaint against the decision on an administrative offense dated 00.00.0000. Based on the above, guided by Article 45 of the Caspian Code of the Russian Federation, I request: Attach written evidence to the materials of the administrative case.

In A. district court, V. region Administrative plaintiff: Ya.M.B., DOB 00.00.0000, place of birth Republic of T., residence and registration address: V. region, A. district, village. O. st. N., d.00, t. 0000000000 Administrative defendant: Federal Migration Service of Russia for the V. region, address: 000000. V., Ya. st., 00, Tel/fax: 00000000000000.

Request for inclusion of documents in the case file

In order to prove these circumstances, I submit for inclusion in the case the following documents: apartment inspection report dated March 19, 2020, April 18, 2020, May 22, 2020, June 27, 2020, complaints filed about improper provision of utilities dated March 15, 2020, dated April 12, 2020, dated May 16, 2020, dated June 25, 2020 (indicate documents that will be attached to the case).

Information about the addressee (address data of the judicial authority where the document is sent with the designation of its details);
Information about the applicant (last name, first name, patronymic, etc.);
Other parties may be indicated if the applicant wishes;
Full details of the applicant;
Information about the case where documents should be attached, that is, on the merits of which the petition is being considered - the number of the filed statement of claim;
List of attached documentation;
Explanations why the information provided is relevant to the case (and therefore it should be included);
A request to the judge to include the submitted documents with the materials on the dispute under consideration;
The current date;
At the end the applicant’s signature is affixed.

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How to attach an audio recording to the case materials

Dear Tatyana, good afternoon! To protect your interests, you need to know and act within the framework of civil procedural legislation. Audio recording of a court hearing is permitted at a court hearing at the request of the Parties participating in the case. The judge cannot prohibit by force of law. If the defendant gave evidence in court, it must be recorded in the minutes of the court session. You have the right to familiarize yourself with the minutes of the court hearing in person or through your representative. If the court has prepared the minutes of the court session incorrectly or incompletely, then you have the right to bring comments to the minutes of the court session, indicating what specifically you do not agree with, what needs to be supplemented, and what needs to be stated in a different edition. You have the right to attach your recording (or better yet, along with its transcript) to your comments to confirm your comments. The judge considers the comments: either makes changes to the protocol or rejects YOUR comments with his own arguments. After the court makes a decision, no documents, materials, or records are attached to the court. If you did not bring comments to the minutes of the court session, then the testimony and explanations of the defendant will be indicated in the wording in which the judge indicated. In this case, the legal meaning of your entry is lost. In the appellate court, when considering a case, you have the right to refer to all materials in the case, including the testimony of the defendant. To do this, you have the right to familiarize yourself with the case materials, make extracts from it, so that your reference was specific, indicating the page number of the case. But you will not be able to challenge the recorded testimony of the defendant, the deadline has expired. I recommend that you familiarize yourself with the case and the protocol before the court hearing.

Hello Tatiana! You need to file a petition (in writing, so that it remains in the case file) at the court hearing to include an audio recording in the case file, make a transcript of the said audio recording and also attach it. Good luck!

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Request for inclusion of materials in the case: rules for submission, sample

A cap. It indicates the full name of the court to which the petition is being filed. It also indicates the following data of the plaintiff and defendant: last name, first name, patronymic, telephone number, postal address (place of residence with zip code). If the application is submitted on behalf of an organization or the second party is an enterprise/company, its name and legal address must be indicated;
After the header, you must write the following: “Request for inclusion of materials in the case” and indicate the number of the claim in question. The inclusion of materials is regulated by Articles 35 and 37 of the Civil Code of the Russian Federation, which can also be noted, thereby declaring the legality of your request;
The following is a list of materials that you are requesting to be included in the case. In this case, you can indicate next to each of them the reason why you consider it important to do this;
After this, you need to state your demand for the need for the court to consider your petition and attach it to the case materials;
At the end, be sure to include the date the petition was submitted and your signature.

A party to a judicial conflict has the right to petition for the inclusion of various materials in the case, from documents to direct evidence. In this case, the judge has the right to refuse to include this or that material in the case. As a result, a list of key evidence was developed that can be added to the trial materials:

Key Aspects

In order for the application to be successful and to be submitted without errors, you should understand what features there are in this process.

Thus, it is very important to understand what features of the procedure for sending a petition from the parties involved, as well as how to correctly sequence the information in the petition.

It is quite important to understand how to write different types of petitions for different cases, which may differ in their characteristics. And of course, we should not forget about the norms that require additional attention, since they can play a really significant role.

Direction mechanism

First of all, you can communicate your desire to include materials in the consideration of a civil case right in the middle of the meeting; in this case, an oral petition is made.

But if this can be done in advance, then either the materials are transferred to the court in person, and two copies are made, one of which remains with the submitter, and it is dated, stamped and signed by the court officer who accepted the documents.

Of course, materials can be sent to the court by registered mail, but some rules must be followed. First of all, you need to request notification of receipt, as well as make an inventory of all documents that are sent.

Document structure

The structure of the document is very simple, since it has an introductory part in the form of a header, followed by the name of the petition, that is, “On attaching materials to the case,” followed by the number of the claim, which will be supplemented with information about the legal basis for attaching materials to the case.

It is imperative to indicate a list of materials that are the main subject of the petition, and it will speed up processing and help to gain the trust of the court by marking next to each of them the reason why the material actually needs to be filed with the case.

After this listing, you need to make a specific demand, for example, you can specify the consideration of the stated petition and the inclusion of materials in the case as the first requirement.

And the second is to demand a reasoned refusal if the materials are not included, and finally, at the very end, the person’s signature and the date of filling out the application are placed.

How to write a petition to include documents in the case materials

To write a petition that will ask for documents to be attached, you should consider different stages of the case and, in fact, different options for forming the document.

After all, working with high-quality documents also means processing them quickly, without wasting time on clarifying details. A sample petition for inclusion of materials in the case is available.

To arbitration

To write a petition to the arbitration court, you should indicate in writing in the header the address of the court and its name, as well as the full name and addresses of the plaintiff, defendant and third party, as well as the case number.

The text itself states the names of the plaintiff and the defendant, the subject of their dispute and a request to attach to the case a certain list of documents with the number of their sheets. Applications are also indicated, dated and signed by the submitter.

On appeal

In general, samples in different courts may differ, but for an appeal you will need to fill out more information. You must write the number and name of the court, as well as its address.

After this, the header specifies the details of the petitioner, information about the representative and other participants in the case. The petition itself states what complaint and what court decision was filed, as well as brief information about the disputing parties.

Next, it is necessary to indicate the factors that led to the filing of the petition, for example, the failure to accept significant circumstances, and also list the evidence that can be added to the case file and thereby help in establishing the truth.

In addition, it is necessary to explain why the evidence was not presented to the trial court, as well as why it rejected the motion for inclusion, if any.

Criminal case

In order to submit a petition to include documents in the materials of the criminal case, it is necessary to act more precisely, as well as provide materials confirmed by experts.

If you need to add the results of an examination, interviews with witnesses or people living nearby, as well as personal search reports, if these could not be provided previously.

How to write a petition to include documents in the case materials

The petition itself is drawn up in any form, but it must list the documents that are supposed to be included and their details (date, number). It is also important to indicate the circumstances of the case to confirm or refute which they are being submitted. There must be as many copies of documents attached to the petition as there are persons participating in the process.

During a trial, when it is necessary to confirm certain facts referred to by the prosecution or defense, it often becomes necessary to include additional documents. This can be various audio and video materials, photographs, certificates or receipts, witness statements and much more. To do this, a petition is submitted to the court to include documents in the case file.

How to apply correctly

A request to include evidence in the materials of a civil case must be submitted in accordance with all the rules. It is permissible to file it while the case is pending, but it is best to do so before the judge begins to consider evidence at the hearing. It is worth noting that an appeal can be submitted even during the appeal process, but in this case you will have to comply with the rules for providing papers during the appeal process.

At the opening of the court session, the judge immediately gives both parties the opportunity to submit a request to include separate files in the case. But by law this is allowed to be done at any point in the process. If there is a need, it is allowed to submit the paper before the start of the meeting; in this case, the appeal is submitted to the court office.

Sample petition for inclusion of case materials in the arbitration court

In this case, there may be several outcomes, for example, the court may partially satisfy the plaintiff’s demands, since the subject of the dispute, in addition to the main debt, is the debt for the use of the land plot and penalties for this debt, or there may be another outcome, for example, that the demands will be We are completely satisfied, since several clauses of the lease agreement still mentioned the land plot. The case cannot be resolved by the court in favor of the defendant, since until the property is registered, the owner of the premises is the lessor (plaintiff).

In this petition, the defendant pursues the following economic reasons: not to pay either the principal debt in the amount of 38,041 rubles, or for the use of the land plot when using the premises in the amount of 2,071 rubles 72 kopecks, and of course the accrued penalties for late payments. Since the defendant believes that he is not obliged to pay under the lease agreement, since he has already paid monthly payments under the installment purchase agreement for the premises previously rented by him, much less payments for the use of the land plot, since it is not at all included in the subject of a long-term rental agreement.

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Request for inclusion of documents in the case file

A petition to include documents in the case file is a procedural document that allows you to present additional evidence to the court to properly resolve the legal dispute. The article, using the example of the arbitration process, will consider the issues of filing, consideration and content of the petition.

When deciding whether to accept a petition, the court determines to what extent the documents attached to the case materials reflect information about the circumstances that are important for the correct consideration of the case (Part 1 of Article 64, Parts 1 and 2 of Article 89 of the Arbitration Procedure Code of the Russian Federation), and also carries out an inspection the information indicated in the application about the presence of the signature of an authorized person on the application (plenum of the Supreme Arbitration Court of the Russian Federation dated February 17, 2011 No. 12).

Complaint about IDPS

In the Magistrate's Court of the _______________ district of the city ____________, st. ___________, d.___ judicial district No.____ To the justice of the peace ____________________ From: _______________________________, (full name) residing at the address: (index), _______________________, st. ______________, d. ____

To establish the circumstances relevant to the case, on the basis of Article 25.1 of the Code of Administrative Offenses of the Russian Federation, I ask you to attach to the case materials the testimony of witness ___(full name)___, residing at __________________, st. _______________, d.__, apt. __.

30 Jun 2020 hiurist 126

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Sample petition for the inclusion of additional evidence in the case

4) Agreement with LLC ___ to carry out work to restore the design layers in the roof structure, from those dismantled due to the need to install advertising signs, at the site: Complex of buildings of the Customer Operations Support Center ____ located at ___ (__ ).

These photographs were taken in mid-January 201_. These photographs also confirm the actual completion of part of the work under the Agreement for OJSC ________ for roof installation on the building at the address +++++++++++++++++, in particular , work on the manufacture of the frame of the roof structure and its installation on the roof of the building, the Plaintiff refused to accept these works.

How to draw up and submit a petition for the inclusion of additional documents in the case

According to the procedural law, everyone must prove the circumstances referred to. Therefore, the responsibility to provide the necessary documents lies mainly with the parties. However, the court may also request additional evidence if it is not possible to consider the case without it. Providing or not presenting any documents can have a big impact on the outcome of the case.

Next, you need to indicate what evidence is being asked to be included and for what purpose. If the need to include them in the case is not substantiated, the court may refuse to satisfy this petition. At the end there is a direct request for the acceptance of additional documents, their list, date and signature of the authorized person.

Request for inclusion of documents in the case file

The law does not prohibit making a petition orally - that is, by announcing it during a meeting. In this case, the request is entered into the protocol, after which the court makes one of two decisions: satisfy it and attach documents, or leave it unsatisfied. However, this method is not always convenient. because if the court refuses to include documents, appealing the response to an oral petition will be very problematic. That is why it is better to play it safe and state it in writing.

This block duplicates information about the case number and states a request to attach documents to it, listing the names of the latter. The request should be supported by a reference to the law: for arbitration processes this will be Article 41 of the Code of Arbitration Procedure of the Russian Federation, for civil proceedings - Article 35 of the Code of Civil Procedure of the Russian Federation.

How to attach materials to the case

It often happens that during the investigation of a criminal case or consideration of a civil dispute, new evidence is discovered that can change the course of the investigation and affect the results of the trial. In such cases, the question arises of including these materials in the case.

During the investigation of a criminal case, the investigator periodically obtains material evidence and other materials that must be included in the case. He can do this on his own by first examining them and drawing up an appropriate protocol for examining the material evidence. Already on the basis of this protocol, he makes a decision on the inclusion of materials in the case. The judge acts in a similar way - first he examines the evidence at the court hearing, after which he makes a decision on whether to admit it or refuse it. The judge's decision can be formalized in the form of a separate ruling (if the decision is made in a deliberation room with a break in the court session) or by simply making an entry in the minutes of the court session (if the decision to admit evidence is made on the spot).