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How to change the statement of claim

How to change the statement of claim

There are situations when it is after the filing of the statement of claim to the court opened the new circumstances of the case, in connection with which there is a need to amend the statement of claim.

The main thing that made us change were legal and did not violate the interests of third parties.



The Civil Code of the Russian Federation directlytells us that "the plaintiff is entitled to change the basis or subject of the claim, increase or decrease the size of the claim or reject the claim, the defendant has the right to admit the claim, the parties may end the case by amicable agreement." In this legal wording is important to pay attention to the phrase "subject or reason. " According to him, in the course of action proceedings can be changed or something else. Changing the subject, and the base will be considered at the same time applying a new claim.


The basis of the claim circumstances of the case admit,confirming the requirements stated by the plaintiff. Change the cause of action would mean the replacement of the facts (full or partial), which served as the basis of the claim. Change the cause of action has no effect on its object, and therefore the plaintiff continues to support their interests.


As the subject of the claim itself actssubstantive requirements, addressed to the defendant. It can be expressed in the commission of these acts in the lawsuit or rejection of their commission, recognition of a fact, or lack thereof, etc. Change the subject of the claim involves the replacement of the requirement, which would still be based on the same facts.


Replacement claims possible at any timetrial (the number of the changes unrestricted). Changes are possible in the lawsuit before the court decision on the case in the first instance. The plaintiff may amend by filing the appropriate application to the court (in writing) or to declare them at the hearing (orally).

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