As a rule, familiarization with materialsIt is necessary to develop its position on the case, when it is necessary to refute the arguments of the opposing party, to review the written evidence to which it refers.
The right to examine the materials of the caseThe parties involved in the case are: parties to the dispute (plaintiffs, defendants), third parties, the prosecutor, applicants for special proceedings and cases arising from public legal relations, etc. To realize the right to familiarize you can at any time before removing the court to the advisory room to decide on the case. Sometimes judges specially announce a break in the court session in order to give an opportunity to get acquainted with the case.
To receive this opportunity, stateThe same petition. Clear requirements for its form and content are not present, therefore to make it it is simple enough. In the upper right corner, indicate the names of the court, the name of the judge, the case number, the names of the parties. Then write the title of the document - "Application for acquaintance with the case file". Below, in the text of the application, indicate: "Guided by Art. 35 of the Code of Civil Procedure of the Russian Federation (or Article 41 of the APC of the RF), I ask the court to allow me to familiarize myself with the materials of the case. " Put even lower signature and date.
Request to the office of the court (copy withLeave a note of acceptance for yourself) or the assistant judge. The document can be sent by mail, but it will take more time. Most likely, you will immediately be prompted when it will be possible to approach for familiarization, or will be asked to leave the phone and will contact you. As a rule, they get acquainted with the materials of the court case in breaks between sessions.
The acquaintance takes place in the presence of the secretaryTrial or assistant judge. You can make extracts, make copies of any materials in the file. At the same time, you will have to use the technique of the court, you will not be able to take materials outside the building.
Time to get acquainted with the case materials in courtIs clearly not limited, but it will have to be interrupted if, for example, the working day of the judicial body is completed. In some courts, special days of the week or hours during working hours are set aside to familiarize the participants of the trial with the case materials.