Defense in court. Getting the support of a representative. The role of legal support during the proceedings.
- Duties of a judicial representative
- Getting support from a representative
- Filling out documents for obtaining representation in court cases
- Consideration of cases in court
- The role of legal support during the proceedings
- Preparation of the application
- Preparation of an appeal
- Filing a cassation complaint
- Advantages of applying for legal aid
Civil procedural legislation gives every citizen the right to take part in court proceedings personally or to use the services of a representative. Any capable person is allowed to act as a representative during the civil process, provided that the powers are duly executed. The arbitration procedural legislation provides identical conditions.
Duties of a judicial representative
Legal protection in court means the ability to perform a certain group of actions on behalf of and in accordance with the needs of the principal.
The protection of interests in court implies a list of additional duties that are performed by a proxy in the case of the following points in the power of attorney:
- sign a statement of claim and a response to the statement of claim, an application for securing a claim;
- fully or partially waive the claims, recognize the claim;
- change the basis or subject of the claim;
- decide on a settlement agreement.
When making out an agreement, it is important to draw up a clear list of the duties of the proxy.
Getting support from a representative
Most often, a power of attorney is issued for residents of Moscow or other cities as a representative of an individual to obtain the rights of protection in court. According to Article 185 of the Civil Code of the Russian Federation, a power of attorney is: a written permission from one person to another, allowing to represent interests during court cases. The mandatory details of the power of attorney are the date, otherwise this document will be declared invalid. In the case when the validity period of the power of attorney is not specified in the document, legal protection in the Moscow court will be possible for a year from the date of its compilation.
Filling out documents for obtaining representation in court cases
To represent a person, a notarized power of attorney is required. For a power of attorney to represent an organization, a document sealed and signed by the company’s management is required.
Consideration of cases in court
After consideration of the case, depending on the situation, the following decisions are taken to restore justice:
- restoration of the situation that existed before the violation, and termination of activities that violate rights or create a threat of violation;
- invalidation of the dispute and application of the results of its invalidity;
- invalidation of acts of state bodies or local self-government bodies;
- admission to self-defense of civil rights;
- enforcement of duties;
- compensation for losses caused;
- compensation of the penalty;
- monetary compensation for moral damage;
- termination or change of legal relationship.
The role of legal support during the proceedings
The main task of the lawyer is to prepare all the necessary procedural documents, collect evidence, develop a legal position, and also represent the interests of the client directly during the meeting.
At the stage of preparation for legal defense, if necessary, a specialist provides services:
- pre-trial, claim settlement of disputes;
- calculation of the limitation period;
- calculation of the total cost of claims, state fees for the consideration of the claim;
- collection and preparation of evidence;
- drafting a statement of claim in accordance with all requirements, sending it to the authorized bodies.
Preparation of the application
First of all, when preparing for the proceedings, it is important to properly prepare the client’s statement of claim, which should include:
- the name of the body to which the appeal will be sent;
- information about the plaintiff and the defendant;
- the price of the claim;
- information about the fact of violation or threat of violation of the legal powers of the applicant, interests or freedoms;
- information on compliance with the pre-trial procedure for contacting the defendant, in case of a need established by federal law;
- a list of actions performed by the parties, the purpose of which is reconciliation, if any;
- a complete list of documents attached to the application.
There are a number of rules and nuances that need to be taken into account when drafting an appeal. If there is a lack of information, it is better to seek help from a specialist.
Preparation of an appeal
The essence of the appeal is that the courts of a higher instance are able to review the decision of the courts of a lower instance and make a new one in favor of the client. To get a chance to review the decision, you need to follow the procedure and deadlines for filing an appeal. In particular, it is important to know that a complaint is being filed with the court of first instance (the one that issued the decision). The lawyer has 30 days from the date of the court’s decision, unless a different procedure is prescribed by the Civil Procedure Code of the Russian Federation.
The text of the appeal should reflect: the full name of the court to which the appeal is sent;
- personal data of the person or his legal representative filing the appeal;
- case number assigned by the court of first instance;
- which paragraph of the court’s decision will be appealed;
- an indication of the grounds that are the reason for disagreement in the adopted decision;
- making demands;
- list of attached documents;
Together with the complaint, the lawyer attaches the following documents:
- a receipt for payment of the state fee or a document on the right to a benefit;
- a document proving the sending of a copy of the complaint text to other participants in the case.
Filing a cassation complaint
If the decision of the court of first instance has already entered into force, then its appeal should take place in the court of cassation of general jurisdiction, provided that the participants in the process tried other ways to challenge the decision before it entered into force.
As a rule, a cassation appeal is filed within three months from the date of entry into force of the decision. If there are compelling circumstances, this period can be restored if it is missed.
The text of the cassation complaint must contain:
- full name of the court where the document is sent;
- personal data of the person or his legal representative filing the complaint;
- personal data of other persons participating in the case;
- the name of the courts of the first and (or) appellate instance with an indication of the decisions taken by them;
- case number;
- list of appealed court rulings;
- the existence of grounds for appealing the court’s decision;
- the requirements put forward;
- list of attached documents.
Together with the cassation complaint must be filed:
- a receipt for payment of the state fee or a document proving the right to a benefit;
- evidence of sending a copy of the cassation appeal to other persons participating in the case.
Advantages of applying for legal aid
Only a lawyer thoroughly understands the current procedural and substantive legislation, is a professional in the field of current practice on specific types of disputes.
The main task of the lawyer is to protect the interests of the client in the courts, namely, to provide professional defense of the rights and legitimate interests of the plaintiff during the proceedings, which mainly serves as a guarantee of successful dispute resolution.
As a result, legal protection in court means competent support of the client and restoration of violated powers. The probability of success of the proceedings is much higher if you receive support from a professional lawyer.
Question and answer
The law sets the time limit for consideration of civil cases within 2 months. However, practice shows that this period can be influenced by many factors, for example, the workload of a judge, the rotation of judges, the need to translate documents from a foreign language, conducting forensic examinations, interrogating witnesses, and others. If one or more of the listed factors influence the proceedings, the term for consideration of the claim may exceed 2 months. It is also worth considering that the court’s decision comes into force within a month from the date of its issuance.
The specialist’s fee depends on the nature of the case, as well as on whether you have the necessary documents or evidence of your correctness. As a rule, the cost is formed based on the number of consultations provided, the need to draft a statement of claim, visits to court sessions and the work done to collect documents and interview witnesses.
If the defendant believes that the court’s decision violates his legitimate rights and interests, then he must file an appeal. According to the Civil Procedure Code of the Russian Federation, the decision can be appealed within a month from the date of its adoption in final form. If the appeal period was missed for a good reason, then it is necessary to file an application for the restoration of the missed procedural period for filing an appeal and the complaint against the decision itself.
Of course, the plaintiff has the right to independently write the text of the claim and register it in the registry of the court. However, if there are inaccuracies or errors, the court will refuse to consider such an application. We advise you to use the services of professionals to avoid mistakes and inaccuracies, as well as save time.