Response to the lawsuit

What is feedback?

A response is a procedural document submitted by a person as an objection to a claim and designed to protect the legal interests of the defendant.

Mandatory elements of feedback

The response to the statement of claim must contain:

• if the response is submitted by an individual – his/her surname, first and last name, place of residence/residence, postal code, registration number of the taxpayer’s account card, passport data, telephone/e-mail address;
• if the response is submitted by a legal entity – its name (specify in full), location, identification code in the Unified State Register of Enterprises and Organizations of Ukraine, means of communication;
• court case number;
• a clearly stated objection to the circumstances that were pointed out by the claimant (if any), and the person’s own position, which submits a response;
• substantiated legislative and regulatory framework to which the defendant refers;
• a list of all documents and evidence attached to the response.

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Important caveats

• If it is not possible to submit some documents with a response – indicate the reason that did not allow this to be done;
• if the response does not indicate that the defendant does not agree with some circumstances, he is deprived of the right to file an objection;
• if the response does not contain an indication of the defendant’s disagreement with any of the circumstances on which the claims are based, the defendant is deprived of the right to object to such a circumstance during the consideration of the court case on its merits.

Procedure for submitting feedback

Copies of the response + documents are simultaneously submitted to the court and sent to other participants in the legal process in writing.

The following are attached to the review:

• evidence that is a direct confirmation of the circumstances on which the defendant’s objection is based;
• documents confirming the filing of a response + evidence attached to it to other participants in the court case;
• on the condition that the response is signed by the representative of the defendant, – a power of attorney or other document confirming his authority is attached.

Where and how to submit a review

The document can be submitted:

• directly through the court office
• send by mail with a description of the documents to be sent

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Legislative regulation

In the economic process, the procedure for submitting a response is regulated by the Economic Procedural Code of Ukraine:

• Art. 165 of the Code of Civil Procedure – “Response to the statement of claim”
• Art. 42 of the Code of Criminal Procedure – “Rights and obligations of the parties to the case”
• Art. 80 CPC “Evidence”
• other legal framework

Signing the review

The review is signed by the person who submits it or his representative. The latter must add a power of attorney/other document to the response giving him the right to represent the defendant’s interests.

Submission deadlines

• The main term: within fifteen days from the moment of receipt of the decision to open proceedings
• In case of missing the deadline: the possibility to submit a request for renewal of the deadline if there are valid reasons

Consequences of not submitting feedback

In the event that the deadlines have passed and the response has not been submitted, the court will consider the case, but based on the materials that will be available.

Practical recommendations

Tips for writing a review

• Keep a calm and business-like tone of presentation
• Structure the text clearly by points
• Add page numbering and a description of the attached documents
• Make copies of all documents for yourself
• Be sure to get a note from the court office about acceptance of the response

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Additional recommendations

• Conduct a thorough analysis of the claim statement
• Use legal terminology
• Present the information in a certain sequence
• If necessary, consult a lawyer

If you receive a claim, do not ignore it. Even if you consider the lawsuit to be unfounded, the lack of a response can significantly complicate the protection of your interests in court.

Professional help

Litigation is a complex procedure where each document must meet clear legal requirements. Our team of experienced lawyers is ready to help you professionally prepare a response to a claim and represent your interests in court. We have many years of experience in successfully resolving legal disputes of various complexity.

Contact us for a consultation – we will help protect your rights and legal interests as efficiently as possible. The first step to your legal protection is to seek professional help.