Advice 1: How to write an opinion to the court

In that case, if you filed a claim in court, but you disagree with him, you have the opportunity to write the opinion. This is a document outlining your objections against the prosecution.
You will need
  • documents relevant to the case.
Withdrawal of action must be made in writing. In the upper right corner, write the name of the courtand which will be sent to this document. Then write the number of the case and what document is this opinion.
In this document, sent to court, enter the details of the plaintiff and his location. Specify the name of the Respondent and its location.
Below, write in the middle of the sheet name this document "Opinion".
Next, state your objections, which relate to the plaintiff's arguments. The basis of all your arguments should be only those things and circumstances that directly relate to the subject of the courtdispute emnogo.
Necessarily in my opinione refer to rules of procedural and substantive law. Use data from the courtebnoy practice already took place to be in the same category as your case for review. In any case, do not use emotional to your document. All the facts should be presented clearly, concisely and without superfluous information that has nothing to do with the issue irrelevant.
Refer to those documents that were considered in addressing this issue and are in the materials the courtenogo case. Need to explicitly specify all their details. You can also rely on documents that are not in the materials the courtenogo case. But in this case you will need to attach them to this reviewat the claim and make a list of all these papers.
Select all your contacts. This can be an email address, a cell phone and a work Desk. Be opinionand should in triplicate. One goes to the court, another plaintiff, and the third remains with you. If you personally submit the documents to the court and to the plaintiff, then your copy needs to be raised stamp on it.

Advice 2: How to write a response to the petition

Russian law obliges the defendant to provide the opinion to the claim statement only in the arbitration process. However, I think it would be appropriate to put in writing its position on the case and in the proceedings in the court of General jurisdiction. So the court in the best way will be realized the principles of objective and comprehensive consideration of the dispute and reduce the time of trial.
A review on a case statement - a document bearing a procedural nature, by which contains the position of the defendant on the merits.
The duty of the Respondent to provide opinion on the lawsuit, as well as the requirements to its content and design, as enshrined in article 131 of the Arbitration procedure code of the Russian Federation (hereinafter – APC RF).
Shall be submitted directly at the hearing or sent by registered mail with return receipt requested. At the same time, you need to send it early to them available to all stakeholders.
Copies of the opinionand sent to all persons involved in the case, therefore, to make it necessary in the number of copies corresponding to the number of participants in the process. The documents confirming placing copies of the opinionand the documents attached thereto to the plaintiff and other persons participating in business, should be submitted to the court.
In opinione to the claim statement shall include:
- the name of the claimant, his place of location (residence);
- the name of the Respondent, his place of location (residence), or date and place of state registration as an individual entrepreneur;
- objections to each argument, concerning the merits of the stated requirements, with reference to laws and other normative legal acts, as well as the evidence supporting the objections;
- list attached to the opiniondocuments;
phone numbers, Fax numbers, e-mail address.
To opinionat to the claim statement shall be accompanied by documents that confirm the arguments and / or objections to the claim. The opinion must be signed by the Respondent or the representative.
Sample opinionas to the claim statement: Arbitration court of the Saratov region, 410001, Saratov Babushkin vzvoz, 1
Plaintiff: JSC "Shooter", Saratov, burgasskaya str., 23
Defendant: OJSC "Vityaz", g. Saratov, ul knyazivs'ke vzvoz, 3b.
In case No. 44444ОТЗЫВ
The statement of the statement of Open joint stock company "Shooter" dated 06.12.2007, No. 8-108/29 Open joint stock company "Vityaz" on debt recovery in the amount of 300 000 rubles. the court is case No. 44444 on the suit of JSC "Shooter" dated 06.12.2007, No. 8-108/29 to JSC "Vityaz" on debt recovery in the amount of 300 000 rubles and expenses for payment of state duty in the amount of 7500 RUB.
Consider the claim statement is not subject to satisfaction on the following grounds:
02.08.2006 G. contract maintenance and protection of cargo No. 5556 dated 01.08.2006, the arrow of "Vityaz" were transferred to the item "household chemistry" EN route by road from point A to point B. At the time of transfer of attributes of technical and commercial faults of packaging have been identified (the act of receiving - transmission no.).
In the implementation of the acceptance of the goods by the consignee in paragraph B, have been identified shortage of goods.
In the transit of illegal interventions of third parties has not occurred, the facts of the theft, followed by damage of the cargo is not revealed, that testifies to the fulfillment by Respondent of its obligations under the contract.
In addition, in violation of the Rules of road transport of goods, the defendant in the course of acceptance of the goods under protection was not provided the opportunity to verify the actual availability of the goods, with details of the documents accompanying the goods.
The arguments of the plaintiff that the defendant received payment for services provided and is therefore responsible for the loss of goods is not legal and documentary evidence.
Protection of civil rights, in accordance with article 12 of the civil code, may be carried out by damages.
Based on the foregoing, in accordance with article 168 of the APC RF,
I ask the court:
Claim statement Open joint stock company "Shooter" dated 06.12.2007, No. 8-108/29 Open joint stock company "Vityaz" on debt recovery in the amount of 300 000 rubles and expenses for payment of state duty in the amount of 7500 RUB to leave unsatisfied.Application:1. copy of power of attorney of the representative of No. 36 D/415 dated 11.09.2006.
2. a copy of the receipt send a copy of the opinionand the defendant.The representative of JSC "Vityaz" Sergei A. Ivanov
Failure to review the claim in accordance with part 1 of article 156 of the APC is not an obstacle to consideration of the case on the available evidence in the case.
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In order to simplify and accelerate court proceedings, at present the response to the claim may be submitted to the court by filling the form posted on the official website of the arbitration court considering the case. And the documents attached to the review may be submitted to the arbitration court in electronic form.
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