The procedure of preparation of the statement of defence is defined by article 131 of the Arbitration procedure code of the Russian Federation. It stipulates that a review must be submitted in writing to the court, which filed a statement of claim with copies in the number of persons involved in the case.
When you write a review to the claim in the first place, you must specify the name of the court to which he is sent, the person (defendant), from which follows the opinion (surname, name, patronymic, address of residence, email address and telephone number, if any), to specify the plaintiff and his data, and also data of other participants.
Next is the most difficult. You need to carefully examine the very claim to find in it strong and weaknesses, to identify the facts that you can refute. More quickly and efficiently with this task will manage a lawyer who has special knowledge and experience in conducting such cases.
The text should contain a reference to a previously filed statement of claim (brief description of situation). This immediately clears up before the court the question of what business he did. Then state your counter-arguments and interpretation of facts described in the statement of claim. To review attach written or other evidence of specified facts (state the request for the taking of necessary evidence, if you get them yourself).
Sign a ready opinion. By law, it must be signed by the defendant personally, or by his representative. In case of signing the opinion by the representative it must be accompanied by a power of attorney which confirms his authority.
Then review the claim submitted to the court, who has previously filed a statement of claim (with copies in the number of persons who are parties to the case). In the arbitration process review of action may be sent by mail, registered mail with notification.
Opinion on the statement of claim does not initiate a separate court proceeding as it turns out when filing a counterclaim, goes into production early filed the statement of claim (the main difference of these concepts). Please do not confuse these concepts!
The flow of opinion is a right, not an obligation of the defendant. It serves as a means of protection from claims, helps the court in determining the positions of the parties, which in turn contributes to correct and timely consideration of the case. Therefore, the flow of opinion is desirable and sometimes even necessary!