Samples of motions. How to write a petition to the court?

The Sample applications can be found on any legal website. However, before you download a particular document, you need to think twice. Samples of motions exhibited in the public domain, do not reflect the nuances of a particular case. Therefore, we suggest to apply in any case to a lawyer for advice.

In General, However, samples of writing petitions are monotonous and logical algorithm, regardless of the specific application.

Promotion

A Petition on awarding the employee has no special requirements. It is served on the name of the main supervisor head of the Department for a specific subordinate. Despite the lack of clear form, all the same it is necessary to specify:

• The characteristics of the employee such as labor and security;
• Description of services.

So, how to write a motion. Sample: “Fellow A. A. Ivanov proved from a positive side. During his work for the sale of household appliances, the profit of the Department increased by 30%. A. A. Ivanov works in the organization, to work responsibly, enjoys respect and prestige among colleagues. Based on the above seek to promote the employee's extraordinary prize. The Branch Manager, A. A. Petrov”.

Samples of petitions for rewarding look roughly the same. Should be a mandatory description of services for which, in the opinion of the applicant, the person must be awarded.

How to write a petition to the court: the sample

In the judicial process parties are active. This means that given everyone the right to appeal to court with the purpose of implementation of procedural action, which should lead to objective consideration. Motion – a request in writing clear objectives.

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The Principle of judicial applications

Various requirements in trial a lot. To list them all does not make sense in one article. Some sample applications we list for a General understanding of the picture. I have to say that the right set of the form does not exist.

Each application has its own nuances. Overall, however, there are General principles:

• There is No single approved form of the sample.
• Do Not have to refer to the laws in the statement. If the requirement is not contrary to the procedural legislation, to consider it should be required. However, the reference to the rule of law will give legal weight to the document. The court will understand that the Complainant knows what to do.
• Specifics. The principle of sharpness and clarity in the law has not been canceled. Take, for example, a request to call a witness. Be sure to specify the right of everyone to a fair trial, write that the witness is willing to testify, provided his appearance, he's waiting in the hallway. Then it will be more difficult to argue a refusal. The court would have to call a witness, otherwise it will be treated as a violation of the principle of the independence of the trial.

• Lead-time. It will be long before trial to file a motion, for example, on the taking of evidence, forensics, witnesses, etc. If it is to delay until the last day, the court may interpret the claims as an abuse of the right to refuse.
• Before the court it is better to have a few prepared in advance of the open forms. It is unknown how the process goes. Oral statements are often not reflected in business. Having a few pre-prepared motions, including the opposite, it is possible to insure against “surprises”. For example, disqualification of a judge, on an examination, the discovery of new evidence. You need to remember that if the court rejected a requirement, it is possible to refer in the appeal and request again. If any motions in the first instance was not, and they need the case, then the second instance is likely to refuse admission.

In Addition to the universal principles, there are separate rules for certain types of applications. Give a couple of examples.

Recovery period: sample of writing petitions

The Most common application for renewal of the term, as people don't always know what they become parties to litigation. In addition, there are objective cases where a party failed to submit the necessary applications, complaints, petitions (illness, business trip, etc.).

So, how to write a motion? Sample application for restoration is presented below.

“Mamontovskiy district court of the Altai territory has rendered a decision in civil case No. 223/16 dated 10.10.2016 year of recovery I, Ivanov Ivan Ivanovich, 09.09.1988 year of birth in favor of “Creditor” the amount under the credit agreement from 05.10.2015 year in the amount of 15 190,34 rubles and legal costs in the amount of 456 rubles.

About this solution, I only found out 22.11.2015 of the year as was on a business trip. Copies of the order, time sheet, time tracking included. As a result, I missed the deadline to appeal the decision. Based on the foregoing are requested to restore the missed term for filing an appeal. Together with the petition is servedappeal in accordance with the procedural laws”.

This type has a number of features:

• Served in the court, which will review the case. The exception – the court of cassation.
• Along with the restoration application has to be submitted the document, leave to file which you need to achieve.

These moments you need to know. If you find a sample of writing petitions without explanations, it is possible to miss something.

Discovery evidence

A Petition for discovery of evidence must contain the list of required documents. In addition, it is made in writing should indicate how they will affect the case. If it is not, then the chance of rejection will be higher. How to write a motion? The sample will help you with this.

“In the production of the Volga district court of the Samara region civil case No. 764/2016. With the aim of objective consideration of the case are asked to request from the defendant copies of the following documents:

• Job;
• Sheet of accounting of working time;
• Employment agreement.

These documents contain my work time, place, nature of my work. Consequently, they can prove that my dismissal was illegal”.

Conclusion

The Sample applications are not help themselves, if you do not know some nuances. Therefore, we advise you to contact the lawyers for their preparation and filing.