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How to draw up a court decision

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How to draw up a court decision</a>

The decision of the court is the final document of the case.

It should be objectively, reliably, inThe arguments of the plaintiff, the defendant's objections, their assessment by the court, motives for accepting or not accepting such arguments are fully reflected. Any solution consists of the following parts:

Instructions

    1

The introductory part of the solution consists of: The date of announcement of the resolution part, the date of the decision in a reasoned form (this date can not be later than five working days after the announcement), the place where the judgment was taken, the name of the court and the name of the judge, and the decision Name of the Russian Federation. Here they also indicate the appearance of the parties.

    2

The descriptive part contains a list of actualCircumstances of the case, a statement of the plaintiff's and defendant's position. Here, all claims, evidence and explanations of the plaintiff, set forth in the statement of claim, the record of the court session, should be reflected. The defendant's objections are recorded in the response to the claim, in written and oral explanations. The descriptive part begins with the words: the court has established.

    3

In the reasoning part, the court assesses the circumstances, the arguments of the parties, specifies the norms of the law that guide the decision-making process.

    4

The resolvent part contains information thatSpecifically, the court decided, that is: to recover money, to commit certain actions, etc. For each claim of the plaintiff it is necessary to indicate whether it is satisfied or denied. The meaning should be clear, avoiding a double interpretation in the execution of the decision. It also indicates the distribution of court expenses between the parties, that is, from whom and in what amount the state duty and other expenses are collected.

    5

In conclusion, information on the date of entry into force of this act and the procedure for its appeal.

How to draw up a court decision Was last modified: May 22nd, 2017 By Qulfoyqd
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