Request for documents

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It is possible to substantiate claims or the position of a defendant or a third party in a civil case by filing petitions based on evidence. Compliance with the written form of preparation of such petitions contributes to a more attentive attitude towards them on the part of the court. In addition, when a request for evidence is submitted in writing, the court will be obliged to give and justify the assessment of the information contained in the decision.

Motions on plaintiff's evidence

When filing a statement of claim, the plaintiff usually provides copies of the available written evidence. The originals must be provided to the court for review at the preliminary or main court hearing. After the statement of claim is accepted, all written evidence must be included on the basis of an application for the inclusion of documents and additional evidence.

Sometimes the parties do not have the original documents, for example, they are stored in government agencies, are in an organization, etc. In such cases, filing a petition for the collection of evidence, a letter of request, or an examination of evidence at its location will help speed up the process of considering the case.

Typically, lawsuits are filed when the defendant refuses to satisfy the plaintiff's demands voluntarily. The defendant's bad faith may be grounds for filing a motion to secure evidence. Such a document will also help in the presence of circumstances indicating the impossibility of examining evidence after a certain period of time (for example, the departure of a witness for permanent residence outside the Russian Federation).

How to correctly write a petition to obtain documents

Like other similar documents, the petition is written using an official business style; it is better not to use colloquial words and expressions.

We invite you to read: Petition to clarify the amount of claims

The text consists of two parts: header and body.

In the header in the upper right corner indicate:

  • name of the court;
  • information about the applicant (full name or name of organization, address, telephone number, position in the case - plaintiff or defendant);
  • case number.

Then write the name of the document in the middle, and the main part begins:

  1. In the introduction to this part, the details of the case are indicated: court, case number, full names of participants, essence of the case.
  2. Then they move on to listing the documents that need to be requested.
  3. Indicate facts that can be refuted or confirmed by these papers.
  4. Describe the circumstances why the applicant himself cannot obtain these documents.
  5. Indicate the location of the necessary documents: name of the institution, address.
  6. Then they refer to Art. Arbitration Procedure Code of the Russian Federation, Civil Procedure Code of the Russian Federation or others and formulate a request to request the listed documents and attach them to the file.
  7. The following are the attachments to the petition: copies, documents.
  8. They put a date and signature.

Important! The document can be completed by hand or printed. You can make a petition orally in the courtroom, and submit a written version to the court for inclusion in the case file.

Sample letter to the court to provide documents | Legal assistance online

In this case, this matters, since business correspondence is indirect communication, which should be extremely clear to both parties. The covering letter also contains a list of documents - in fact, the list itself duplicates the full name and number of documents that were sent.

This eliminates possible errors during registration. By specifying a list of documents, it is possible to avoid certain difficulties in restoring them in the event of loss.

In addition, it indicates outgoing and incoming document numbers, thanks to which you can easily find them and control the direction of movement. Finally, the addressee, who has accepted not only the documents, but also the accompanying letter, will be able to quickly understand the essence of the sender’s wishes and quickly respond to them in accordance with the situation.

Covering letter for documents to the court

You shouldn't write like that. Remember that the standard response time for business letters (in accordance with business ethics standards) varies from one to thirty days.

authorities), but also in messages to counterparties and other addressees.

Compiling a request letter: samples and design principles

At least for the sake of complying with the established procedure. What can you request?

  1. Documents or items (papers for concluding a contract, product samples, etc.).
  2. Information (about the characteristics of the product and its availability, about delivery methods and delivery times, about the reasons for the delay in shipment, etc.).

Important advice for entrepreneurs: do not waste your time, even on simple routine tasks that can be delegated.

Prices even for website development start from 500 rubles. In short, if you don’t know something or don’t fully understand, if you need documents or price lists, send a request letter. Letter structure Such messages are written according to the same scheme as others business letters:

On the topic “Letter to the court for the provision of documents sample” we have collected examples of documents that may interest you.

  1. addressing the recipient (usually by name and patronymic, unless you are writing to official authorities);
  2. Gratitude;
  3. position, full name and signature of the sender.
  4. a title reflecting the essence of the question;
  5. First, the details of the recipient and sender are indicated;
  6. then - the date of preparation and the outgoing document number;
  7. essence of the question;
  8. a favorable expression of hope for cooperation;

The main condition: he is obliged to act exclusively in the interests of the employer.

In this case, when contacting, you must use the epithet “Dear” and the employee’s first name and patronymic. This form of appeal significantly increases the chances that the request will be considered in the near future and a response will also be promptly drawn up (and on behalf of the person to whom the message was addressed).

How to write a covering letter to the court about sending documents?

Such questions usually arise in connection with the need to submit a number of documents to the judicial authorities. Every day hundreds of documents are received in court, and this paper helps not only to attribute them to a specific dispute, but also to trace its fate.

article A covering letter to the court is attached if a package of documents is submitted. What purposes does this document serve?

  • The cover letter contains the numbers of documents, both incoming and outgoing, which allows you to trace their path if necessary;
  • A covering letter speeds up the processing of received documents.
  • The list of documentation will eliminate the confusion that often arises when handling paper media;

Thus, this document is intended to reduce delays, and in case of loss of some documents, it will make it possible to clearly understand which one is missing.

Response to a request for information

The subject of the letter is indicated at the discretion of the person entering the data into the journal;

Next, in the middle, we write a message.

For example, “Dear Sergei Petrovich.”

The composition of the main part of the document will depend on the type of decision made:

  1. In case of refusal, a brief essence of the appeal is also indicated, and then the very fact of the negative decision and the reasons for the refusal.
  2. If the answer is positive about providing information upon request - the number or details of the letter that was received from the applicant, the essence of the request and the information itself, in connection with the need to obtain which the request was made;

If documents or extracts from them were requested, then the response letter may contain attachments on several sheets (containing such documents).

At the end there is a date and signature of the general director of the company with a transcript and seal.

Letter to provide information

But such an answer has no legal force, even if there is no doubt about its reliability. In such cases, it is necessary to draw up a letter requesting information, to which the addressee is required by law to provide an official response within a specified time frame.

or - a common type of business correspondence containing a corresponding request, and in some cases, an instruction. The company may contact business partners, contractors, or third-party companies to provide the missing information. Often the addressee of the request is government agencies and specialized structures.

Source: https://jurist-kolomna.ru/zakon/pismo-v-sud-o-predostavlenii-dokumentov-obrazets.html

Covering letter to the arbitration court about sending documents

In addition to business letters, an entrepreneur regularly has to send various documents to government officials and his counterparties. These can be contracts, invoices, protocols, promotional materials... Sometimes these papers can be sent without accompanying notifications and explanations, but it is better to be more prudent and attach a covering letter to the documents.

What is it and what is it for?

A cover letter for documents is a type of business letter that lists and briefly describes documents (primarily those that do not have an address part) sent to the addressee. The accompanying message indicates the names of all documents being sent, and also contains instructions (or recommendations) on what the recipient should do with these papers.

A cover letter serves three purposes:

  1. Confirms that documents have been sent. The application contains a complete list of documents being sent, so the addressee will not be able to claim that he did not receive any important act.
  2. Provides necessary explanations to the recipient. The text must contain instructions on how to deal with certain papers: sign, seal, make changes and return to the sender, etc.
  3. Allows you to determine the due date thanks to registration data.

In what cases is this document indispensable?

  • in business relationships with contractors and partners (document flow is inevitable here);
  • when updating a tax return;
  • when filing a claim in arbitration court;
  • when contacting the bank (in some cases).

Let's look at the above points in more detail.

Why do government employees need a letter?

Very often, such a letter is required by Federal Tax Service employees. The most interesting thing is that there are no such requirements in the Tax Code, and the practice of submitting an updated declaration along with an accompanying message was unofficially introduced by the inspectors themselves. In the cover letter they require the reasons for the adjustments in the statements to be indicated. Moreover, the more significant the error, the more details will have to be explained.

https://www.youtube.com/watch?v=_LMD9-poH9Y

Ideally, the entrepreneur needs to provide explanations for each adjusted line of the declaration. If there are too many of them, then you can only indicate the total amounts of tax, additional debt and penalties.

For additional payments, along with this data, the letter must include the details of the relevant payment orders (or even attach copies of the payments themselves).

In general, tax authorities require an almost lengthy explanatory note, but it is still called a covering letter. This is incorrect, but what can you do?

When applying to the arbitration court, this message is attached to the statement of claim. Along with the claim, businessmen always have to submit a bunch of documents - extracts, constituent papers, copies of contracts, etc. All these documents must be listed in the covering letter, otherwise the claim will not be accepted due to violation of the established procedure.

Banks require a letter when opening a current account or in cases where important changes occur with the company (for example, the composition of participants, the organizational and legal form, etc. changes). In all these cases, the entrepreneur brings a package of basic documents, the list of which is indicated in the accompanying message.

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Structure and details

You should not think that a cover letter is just an additional notice that has no special significance.

No, this is a full-fledged official message, therefore it should be formatted according to the same principles as a classic business letter. It must be written on company letterhead and assigned an outgoing registration number.

There is no unified form or single sample, so when drafting, they usually rely on the general principles of business messages.

  • at the top (in the header) the position, information about the company (or about the territorial government body) and the full name of the recipient and sender are indicated;
  • Below is the date of compilation and document number, and then the title is written;
  • in the content part there is an appeal to the addressee;
  • then - a list of applications;
  • at the very bottom - position, signature and surname with the initials of the sender.

The full list of details looks like this:

  • name of your organization (full and abbreviated);
  • reference information about the company;
  • organization code;
  • OGRN/TIN;
  • registration number of the letter;
  • information about the addressee (not as complete as about your company - just indicate the position, name of the organization and full name);
  • date of;
  • title;
  • signature;
  • notes about the artist and the availability of applications.

Since there is no established sample letter, these details cannot be called mandatory.

If you send a letter with documents to partners and contractors, you don’t have to write down all the information about your company.

The title is also not always written - it may well be replaced by an appeal like “Dear Ivan Ivanovich!” But when writing a cover letter for documents to the tax office, it is better to use all the details.

part of the letter is a list of attachments. The text is short and includes two parts:

  • message about sending documents;
  • a request for a timely response (or for review, approval, return of a signed copy - based on the purpose of sending the papers).

The text of the message begins with standard phrases:

The names of the documents and their details: date and number are also indicated. In the second part of the letter, you need to inform the recipient how he should dispose of the documents. For example:

  • “Please sign, seal and send one copy to our address. ";
  • “We ask you to familiarize yourself with the sent acts as soon as possible and inform about your decision”;
  • “Please send by reply letter one copy of a duly executed document...”;
  • etc.

The final part is drawn up according to the standard scheme: on the left is the sender’s position, on the right is the full name, in the center is the signature. The letter can be signed either by you (as a manager) or by the chief accountant (if we are talking about accounting documents, and the recipient is the Federal Tax Service). In the final part, you can indicate the performer if you want the recipient to address any questions that arise to him.

A sample cover letter for documents can be found and downloaded here.

A few more recommendations

When composing a letter, adhere to the following principles.

  1. Always write for what purpose you are sending the paper and what it means for the recipient. Forcing him to remember what you agreed with him about and why he needs these documents at all is impolite. Instruct the recipient as specifically as possible. There is no need to write something like “Please think about what you can do about this.” There must be a clear goal - to sign, transfer to a third party, draw up an agreement based on the received papers. The purpose does not need to be indicated only in cover letters for the court and the Federal Tax Service.
  2. After reporting the documents, you can make clarifications and make additional requests. But all comments of this kind must be “to the point,” that is, relate only to the documents being sent. There is no point in mentioning other business issues.
  3. Sometimes there are several recipients, and some of the applications need to be sent to only one of them. In such cases, the appropriate application can be made o.
  4. There are cases when it is necessary not only to prove the fact of sending, but also to meet a specific deadline. We'll talk more about this below.

Responsibility for the timely preparation and sending of a cover letter falls on the entrepreneur, and the organization of sending the documents themselves falls on the office management service.

Business ethics

As in a classic business letter, ethics should not be forgotten in the cover letter. Both the address to the recipient and the request to perform certain actions with documents must be presented in a polite and correct form.

Some managers like unceremonious phrases like “The response time for a letter is 3 business days.” You shouldn't write like that. Remember that the standard response time for business letters (in accordance with business ethics standards) varies from one to thirty days.

You have no right to reduce it, especially with such an ultimatum.

The wording “Please respond within three days if possible” is perfectly acceptable. But only in cases where there are compelling reasons for limiting the period, and these reasons must be indicated.

The final phrase will look something like this: “Please, if possible, respond within three working days, since we must provide a response to the Federal Tax Service by October 10, 2015.”

Politeness is required not only in the covering letter for documents to the arbitration court (or other government bodies), but also in the message to counterparties and other addressees.

Source: https://etalonprawa.ru/soprovoditelnoe-pismo-v-arbitrazhnyj-sud-o-napravlenii-dokumentov/

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