Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Application for issuance of a court decision
An application for the issuance of a court decision is a key tool for obtaining a copy of the relevant court act in your case. Although such a document is usually issued automatically to the parties to the case, filing an application is mandatory for persons who did not participate in the case, as well as in cases of repeated requests. Moreover, a certified copy of the court decision will be required to file an appeal, initiate enforcement proceedings, or resolve other legal issues. We will discuss how to prepare an application for the issuance of a court decision and some other nuances in the article below.
Who can file an application for the issuance of a court decision?
The right to receive a copy of the specified document is granted to:
- firstly, those who participated in the case (plaintiff, defendant and third parties);
- secondly, those whose in terests and rights depend in some way on the results of the case.
Important to know! There are cases when the court sends those who were not present at the court session a copy of the full decision by registered letter with notification of delivery. However, in most cases, you need to apply to the court with a written application. And thanks to the Unified State Register, you can find out in advance whether there are already relevant instructions for your case.
Requirements for an application for the issuance of a court decision: what are the main nuances?
Your application must meet certain requirements, in particular:
- contain information about the case number, the date of its consideration and your legal status in it;
- explain why the decision made concerns your interests;
- provide your data (including name, legal address and contacts);
- contain a clear request for the issuance of a copy of the relevant document.
Important! Depending on the method of submitting the application (in person, by mail or via an electronic account in the EUICS), it must be certified either by your personal signature or by a CEP. Your representative in the case, in particular a lawyer, can also sign the application. In addition, you will only need to provide a power of attorney or a copy of the order for the provision of legal aid with the application.
The procedure for sending a court decision upon application for its issuance by the court
When you submit an application, the court sends a copy of its act according to a clear procedure (may vary depending on the situation). The basic rules are as follows:
- firstly, the document is sent as a copy of the full or abbreviated text, and also contains a web address from the Unified State Register (to check its availability in the court database);
- secondly, the court clerk provides the relevant documents only after verifying the applicant’s identity, his/her powers and the prepared application (determining whether there are grounds to refuse to take appropriate actions);
- thirdly, confirmation of the applicant’s receipt of the document by mail will be a note on the post office (even if the person refused).
When can an application for a copy of a court decision be refused?
The main grounds for refusal are as follows:
- the person applying does not have legal capacity;
- the applicant’s representative does not have the appropriate authority or cannot confirm it;
- the case materials have been transferred to another court or for storage in the state archive;
- the document does not directly concern the rights, freedoms, interests or obligations of the applicant.
Moreover, there is also the possibility of appealing the refusal of the office employee to issue you with relevant copies of documents. To learn more, we recommend that you book a consultation with one of our experienced and qualified lawyers.
Legal support for obtaining a copy of a court decision: what services do the lawyers of the company “Prikhodko and Partners” provide?
Legal consultations
It is worth emphasizing that legal consultation is the first step to a successful resolution of your situation. You will not just get answers to your questions, as the lawyer will also provide:
- a legal analysis of the situation (including in the event of a refusal to provide documents);
- an understanding of how to act correctly in a particular case;
- a strategy for avoiding possible legal risks.
Developing an application for issuing a court decision
A correctly drafted application is about 90% of your success. The lawyers of our company “Prikhodko and Partners” guarantee that your request will be prepared in accordance with all the rules of legal technique. As part of this service, they will be able to:
- check your already prepared application before submission and correct errors;
- prepare the application and other necessary documentation for the court;
- submit it via the electronic office in the ESICS.
Representation of the client’s interests in court
Finally, if you are also interested in full legal support of your case in court, our lawyer will take on all the main work. Such a service will include:
- preparation of procedural documents (claim, motions, appeal, etc.);
- participation in court hearings and presentation of the legal position;
- support for the enforcement of court orders by the other party to the case, etc.
With our help, you will not only be able to obtain a copy of the court decision, but also appeal it to a higher court, if necessary. To find out the price of our lawyer’s services, please fill out the form below.
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