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How to change the subject of the claim

How to change the subject of the claim

After filing a claim and subsequent consideration by the court may open new facts that could affect the course and outcome of the trial.

For such cases, the legislation provides for the possibility for the plaintiff to amend its statement of claim.

instructions

1

The Civil Code of the Russian Federation clearlywritten rule - "the plaintiff has the right to change the base or the 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." As stated above, the claimant may change either the base or the subject of the claim. To amend a statement of claim may at any time after the filing of the claim before the decision on the case. The number of adjustments introduced by the law is not limited.

2

Declare changes introduced in the claimapplication is possible in two ways - in writing (by drawing up the relevant application) or orally (express their demands in the course of the hearing to be entered in the records of this protocol). Oral statement on the change of the claim is the basis for the transfer of the trial. This is to ensure that the defendant was able to prepare for the new conditions. The direction of the written application saves time, because it will be examined by the respondent a copy of the court session is in advance, and large process interruptions can be avoided. The choice of application of the requirements can be a kind of tactic, it all depends on whether you want to delay the process and gain time, or to spend it as quickly as possible.

3

A written statement of claim changeclaims submitted to the court in which the original claim, they are combined into one. The text of the declaration is necessary to briefly provide information about the original lawsuit, then in order to list all changes (newly discovered circumstances and facts, changes in the amount of claims, etc.). Then make its request to the court for making these changes. Remember that changes you make must have evidentiary basis, so attach to the application evidence, if available.

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