Application for clarification of claims

Application for clarification of claims(a sample of which is identical to the original application) can be submitted at any stage of the process. The court may regard this event as grounds for postponing the hearing. Thus, the respondent is given time to prepare for consideration, considering the application for changing the claim. The plaintiff has the right to make additional claims, not indicated at the beginning of the case.

The plaintiff has the right to reduce or increase the amountclaims. The application for clarification of the claims is submitted to the same court where the case is being investigated. When drawing up an addendum, the number of the case being in the process of judicial review is indicated. The surname, name and patronymic of the applicant and his whereabouts are placed in front of the "plaintiff" line. For citizens it is obligatory to indicate the place and date of birth. Legal entities should place the place and date of state registration. The plaintiff also indicates the name of the defendant, his place of residence or location.

The application for clarification of claims mustcontain justification of the reasons, in accordance with which additional information is entered. Mandatory and the indication of the article-grounds for making additions. If there are several clarifications, they should be numbered in separate lines. In conclusion, the plaintiff puts his signature, as well as the date of making additions.

In accordance with the first part of article 130 of the APC of the Russian Federation,a statement on the clarification of claims may combine additions that are interrelated on the grounds of occurrence and have evidence. If, however, the connection of the additions is unreasonable, then, in accordance with paragraph 2 of paragraph 1 of part 129 of the article, the court will not accept them.

An application for clarification of claims mayinclude interrelated requirements, which are presented in the form of a sequential chain. So, the plaintiff can ask to collect a loan, a penalty and interest on the use of the loan; to recover the amount of shortage received in accordance with the specified transport documents and registered in one acceptance certificate accepted for payment in accordance with one settlement document; to demand recognition of invalidity of the act and return of the amount that was paid on its basis and so on.

Thus, in the statement of claim,recovery of the amount of principal debt, in the application for clarification, the plaintiff has the right to recover and forfeit. In addition, when making additions to the recognition of the invalidity of the transaction, the plaintiff may request the application of the consequences of invalidity.

Formally, there is no such thing as "specification of requirements" in the legislation. A definition has been made about "increasing" or "decreasing" applications. It is enshrined in Article 39 of the Code of Civil Procedure of the Russian Federation.

However, practice shows that more often the plaintiffis forced precisely "to clarify" the requirements, drawing up a corresponding statement on making changes to the petition. In a number of cases, this need arises from errors of an exclusively technical nature. For example, the document does not contain any part of it due to negligence or inadvertence. It also happens that mistakes in the formulas for calculating the amount of recovered damages are identified during the late recalculation. In such cases, it is a refinement, but not a reduction or increase in requirements, due to the fact that the object is defined and does not undergo changes.

In a number of cases, in accordance with its owninitiative, the court applies the concept under consideration for various purposes. Often, the request for clarification of the claim requirements becomes the reason for the delay in the litigation.

Thus, plaintiffs are often forced to "supplement" their petition without changing its core essence.