How to declare a representative in court: step-by-step instructions

As Art. 48 of the Code of Civil Procedure of the Russian Federation, every citizen has the right to conduct his affairs in court either independently or through representatives. In this case, the representative can participate in the consideration of the case together with this citizen. The powers of the person who will represent the interests of the participant in court are formalized by an oral or written petition for the admission of a representative. Files in .DOC: Application form for admission of a representative Sample application for admission of a representative

Let's consider who can be involved in court cases and how to correctly draw up and submit or submit a petition.

Confirmation of the representative's authority

The powers of a lawyer participating in a case as a representative are usually confirmed by a warrant. But the powers of the warrant are limited, so a power of attorney is also often issued for the lawyer.

The powers of other persons are confirmed by a power of attorney. It is drawn up in writing. In addition, the authority of the representative can be confirmed orally, with this petition being recorded in the minutes of the court session. Or submit the proposed petition in writing and attach it to the case file.

The extent of the powers available to him depends on how the powers of the representative are formalized. A participant in a case can vest a representative with the widest range of powers by issuing an appropriate power of attorney. A power of attorney from citizens must be certified by a notary, or by an organization or person, a list of which is given in the article of the Civil Procedure Code of the Russian Federation.

The powers of the representative to sign a claim, submit an application to the court, abandon the claim, amend the claim, enter into a settlement agreement, appeal against court decisions and rulings, receive money or other property, in accordance with the article of the Civil Procedure Code of the Russian Federation, must be specifically stipulated in the power of attorney.

A written request for admission of a representative is also issued in the case where the applicant himself participates in the case simultaneously with the representative. In this case, the person participating in the case himself exercises all procedural rights, using the assistance of a representative for the purpose of providing consulting services. And without a participant in the case, the representative will not be allowed into the meeting.

There are no special requirements for filing an application for admission of a representative. But in order to avoid its misinterpretation, we recommend using the general rules for drawing up statements of claim in court.

How to properly submit and draw up a petition

This appeal to the court may be made orally during the hearing. Then the request is entered into the minutes of the court hearing. All powers of the representative are also listed verbally, which is also recorded.

A written request may be submitted to the clerk of the court before the hearing. There are no clear requirements for how the application should be completed. But it is better to use the typical structure of such statements for the court.

So, the text of the document must contain a header and a main part (divided into descriptive and operative parts).

A cap

This part is displayed in the upper right corner and contains the following information:

• name of the court, address;
• Applicant's full name, address, telephone number;
• case number.

Then the title of the document is written in the middle. In our case, this is a request for admission of a representative.

Main part

It begins with a description of the case: the names of the participants, the number and the subject of the dispute are indicated. Then the essence of this document is written: a message about the desire to exercise the right to attract a representative in court cases. Be sure to include a link to the article mentioned above. 53 Code of Civil Procedure of the Russian Federation.

Next comes the so-called operative part with the wording of a request to allow a person to participate in the case.

The document is completed with a date and signature with a transcript.

Reasons for appeal

1. A written request for the involvement of a representative is issued in cases where the applicant, together with the representative, takes part in the trial . In such a situation, the person who files the petition exercises procedural rights himself, and the representative helps him in this matter for an advisory purpose.
2. If the representative resolves all issues, then he must have the appropriate power of attorney , which allows him to carry out such activities. His powers include a wide range of actions that he can perform when considering a case.

Who can be a representative in civil and criminal cases

The Criminal Procedure Code of the Russian Federation defines the circle of persons who have the right to represent the interests of the victim or plaintiff in a criminal case:

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• lawyers;
• representatives of the civil defendant or plaintiff who have the right to carry out legal activities, as confirmed by a warrant;
• other persons who have the corresponding rights in accordance with the Civil Code of the Russian Federation.

According to the Civil Procedure Code of the Russian Federation, persons who are legally capable and have the right to carry out such activities are authorized to represent the interests of parties to the conflict, but the exceptions include persons specified in Article 51 of the Code of Civil Procedure of the Russian Federation.

In this case, persons who have:

• legal capacity;
• appropriate powers for this;
• are not judges, prosecutors or investigators.

When conducting civil proceedings, the powers of the representative can be announced orally , as this will be recorded in the court record. The circle of persons who can represent interests in court is quite large, which means that a party can legally take advantage of this opportunity.

During the trial, a representative of the interests of one of the parties will act within the limits of the authority vested in him to participate in the case. Even if a person neglects them, this will not entail legal liability, but court decisions will be canceled . Therefore, the activities of the representative are monitored by the court.

How to submit an application for admission of a representative

An application for admission of a representative must be drawn up according to the following principle:

1. A cap. It contains the necessary details, such as: the name of the court that accepts the petitions, information about the applicant (full name and place of registration), information about the defendant, the amount of claims, as well as their essence.
2. The following is the heading “Application for the admission of a representative.”
3. The main part should contain the following information: details of the court case, links to regulations, a request for a judicial representative to consider the case (indicate full name).
4. Attachments to the motion that are not necessary but may affect the outcome of the judge's decision.
5. Date of filing the application and signature of the applicant with transcript.

How to file a petition to seize property? Read the article.

The request can also be presented orally at the court hearing; court staff will enter it into the minutes of the trial, or you can use a ready-made sample.

Sample 2020

There are no special requirements for drawing up such a petition, however, you should know the rules for filling out:

• it is necessary to refer to the legislation;
• the text should be concisely constructed and reflect the essence of the request.

Submission and consideration by the court

When the proceedings take place in any court, be it civil, arbitration or administrative, it is best to contact lawyers who will help in the case, since if you prepare on your own, you can miss important nuances. The applicant and the lawyer must draw up a special power of attorney, which will confirm the transfer of authority to consider the case.

If the interests of the applicant are represented by another person, then this fact can also be confirmed orally or in writing:

1. Confirmation that an authorized person has the right to practice law is carried out using a warrant.
2. A representative for whom a power of attorney to transfer powers in the conduct of a business has been issued and certified by a notary will have a wide range of tasks.

Concluding a power of attorney allows a lawyer to perform the following actions:

• change the requirements described in the claim, as well as the grounds and subjects of the conflict;
• other actions, for example, receiving monetary compensation from the defendant or property;
• transfer cases to another court;
• file an appeal against court verdicts, as well as cassation;
• submit petitions;
• sign and submit statements of claim;
• sign a settlement agreement;
• replenish the evidence base with facts.

In what cases is it legal to request the removal of a judge? Details at the link.

Read the article about replacing an improper defendant.

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

It is important to cover all this information in the power of attorney, which is drawn up for the lawyer. A copy of it must be attached to the petition so that the lawyer can begin consideration of the case and exercise the assigned powers.

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Litigation, as a rule, requires a lot of time and effort, as well as special knowledge not only regarding laws, but also regarding legal proceedings. It is necessary to study the features of filing claims, the rules for filing them, jurisdiction, etc. A trusted person with sufficient knowledge will help in such matters.

In order for such a person to be able to speak at a court hearing, he must write an application to represent his interests in court by submitting it to the appropriate department. Representation may be required not only by citizens, but also by legal entities.

Moreover, such a need arises at any stage of the case. To organize admission to participate in legal proceedings, write such a statement.

An interested person who wants to transfer powers to speak at court hearings and perform other actions submits a petition. Moreover, these actions will be performed on behalf of the plaintiff or defendant.

The fact is that any of the parties to the proceedings has the right to make an application. The main thing is that there are sufficient grounds for this.

How can I improve my chances of winning by petitioning?

When preparing an appeal to a judge, you should proceed from the following: he considers dozens of cases every day; because of this, you have to read and view hundreds and thousands of pages of text; the nuances of each case are erased, he does not pay close attention to them, which can be fatal when making a decision.

For reference! As a rule, many judges have already developed some kind of consensus on similar issues. To change his point of view, it is necessary to pay attention to important details, special circumstances, and the significance of the issue.

To reverse the practice, it is necessary to pay attention to both the claim and the petition itself. Therefore, you need to draw up an appeal adhering to the following requirements:

1. Concise presentation of the text;
2. One paragraph flows logically into another;
3. Write in blocks, use lists, subheadings, highlighting important points - this allows you to use alternative reading, easily find key points, and pay attention to them;
4. When referring to any document in the file, you should clearly indicate where it is located - volume and page number. In 90% of cases, judges are convinced that this is a mandatory requirement for appeal;
5. You need to enter those norms that relate to the stated circumstances, conclusions and requests;
6. If calculations, diagrams, tables are required, they should be attached in addition to the application, without loading the main text.

It is important to know! To make the task easier for the judge, it is recommended to make the text light, convincing and simple. The same applies to claims and other statements.

An abundance of technical terms may flatter the drafter of an arbitration petition, but may complicate the communication of its meaning. And this negatively affects his satisfaction. Regarding the use of diagrams, figures and tables, this is also allowed in the text. It is especially acceptable to do this if the text of the petition is drawn up using the Minto pyramid.

Its main principle is that paragraphs with main points are shifted to the left, and with secondary ones - to the right. This type of writing prevents the monotony of the document; the main ideas are written first, they are always noticeable. Graphic elements in such text additionally draw the judge’s attention and allow them to focus attention on important points.

How to write such a statement?

Of course, any party to the process has the right to voice the need to involve a representative orally, without drawing up a separate petition. And such information will be entered into the minutes of the meeting. However, the surest way to achieve qualified protection is to file an appropriate application. It will be added to the rest of the materials filed along with the claim.

The plaintiff or defendant may grant the trustee as much authority as they deem necessary. The main thing is that they help solve current problems without the participation of the party. The following types of powers are usually assigned:

• the representative will be able to prepare and submit claims to the judiciary;
• he will have the opportunity to delegate the right to conduct the process to another person;
• he will be able to present a counter-petition or enter into a settlement agreement;
• the representative also has the right to appeal the court decision or change the amount of claims;
• it is possible to give this person the authority to appeal to government authorities;
• he will have the opportunity to take away the disputed property or funds, etc.

When you are going to provide the opportunity to appeal to various authorities, we are talking about those situations when such requests help to implement a court decision.

In this case, a sample application for representation of interests in court must contain the following information:

• the name of the representative and his position in the company, if we are talking about defending the interests of a legal entity;
• a list of powers of this citizen and other features of the specific case in which the representative will participate;
• reference to the power of attorney executed in accordance with the law, the date of the application and the signature of the plaintiff or defendant.

This is the minimum list of information that must be contained in the application. When drawing up a power of attorney, it is important to consider that it can be signed by both an individual and an organization.

In addition, it will have to be certified by a notary in order for it to have legal force. In some cases, a simple written form with signatures of authorized persons and company seals is acceptable.

In addition to professional lawyers, whose admission must be confirmed by a certain warrant, any legally competent person can act as a representative. A request for representation of interests is submitted to the judicial authority together with the main claim or at any stage of the proceedings, but before a final decision is made.

Do not forget to provide the case number, if it is already under consideration, and other coordinates of the parties to the process.

Sample application (petition) for admission of a representative to a civil case

To _________________________ (name of court) From ________________________ (full name, address) in civil case No. _____

Application for admission of a representative

The court has a civil case pending against _________ (full name of the plaintiff) against _________ (full name of the defendant).

In order to exercise the rights and legitimate interests granted to me by the Civil Procedure Code of the Russian Federation, I inform the court of my desire to use the services of a representative in this case, who will represent my interests upon a written application during the entire trial.

Based on the above, guided by Article 53 of the Civil Procedure Code of the Russian Federation,

Allow ________ (full name of the representative) to participate in the case as my representative.

Date of application “___”_________ ____ Signature _______

statements:

Application for admission of a representative

22 comments to “Application for admission of a representative”

A representative of the plaintiff, not a lawyer, participates in the trial. The plaintiff does not appear at the hearing. Is it possible to request the presence of the plaintiff in order to be able to ask him a question? At what stage of the process should this be done?

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

Natalia, participating in the consideration of the case is the right, not the obligation of the plaintiff. Ask his representative questions so that his representative cannot answer them without the plaintiff, then his appearance will be ensured.

The case was considered in court on the restoration of transportation of minor students to school. The lawsuit was filed by the prosecutor.

No representative was announced in the case. The court rejected the claim.

I believe that there are grounds for canceling the decision: Article 330 of the Code of Civil Procedure, paragraph 1, inconsistency of the conclusions of the trial court, set out in the court decision, with the circumstances of the case. The prosecutor did not identify the children's parents as legal representatives in the case.

Are there any violations in the fact that the case was considered without a declared representative? Who has the right to appeal a decision and how?

The prosecutor, most likely, appealed in the interests of an indefinite number of persons, and accordingly, the children’s legal representatives were not involved. To answer the question accurately, you need to carefully read the materials of the civil case.

Citizens whose rights are affected by the decision have the right to file an appeal. Try filing an appeal, justifying it by the fact that the decision affects the rights and legitimate interests of your child.

If the appeal is rejected, you will have to file an independent claim.

How to draw up an application for admission of a representative without the presence of the plaintiff? There is a sample about admission, but I can’t find one about admission without the presence of the plaintiff.

Write a petition for admission of a representative and a petition for consideration of the case in absence: https://vseiski.ru/xodatajstvo-o-rassmotrenii-dela-v-otsutstvie.html

1) Isn’t the representative’s passport data a mandatory attribute in this application? 2) If this application is submitted to the judge at a preliminary meeting (interview), from what moment does the representative have the right to take part in the meeting? Is the following scheme possible? a) since the representative has not yet been invited by the court, he takes the place of the guest (at an open meeting), b) the plaintiff declares the involvement of a representative. What happens next? The court attracts a representative by a protocol ruling and he immediately takes the place of a party to the case? Or he will be able to participate as a representative only in the following.

meeting? Lost in two pine trees... Please clarify the situation.

An application for admission of a representative can be submitted at any time. This can be done when filing a statement of claim, during an interview, at a preliminary hearing, or at a court hearing.

If such an application is submitted in advance, register it in the court office. There is a stage in a court hearing when motions can be filed, and at this time they must be filed.

The court will familiarize itself with the application, establish the identity of the representative using his passport, and then make a decision in protocol form on his admission in this capacity. Until the determination is made, the representative will be a simple listener.

A written request for a representative is necessary so as not to submit it orally again at each court hearing. With a written application, this procedure will only happen once.

Usually, if a petition is submitted in advance through the office, the court immediately establishes the identity of the representative. There is no need to fill out the representative’s passport details, but if you do, it will be easier for the secretary to enter them into the State Automated System of Justice.

Is it necessary to submit a written application for admission of a representative if there is already a power of attorney for representation, and in court apply for admission orally with the presentation of a power of attorney (from a legal entity)?

If a notarized power of attorney has been issued, then additional requests may not be submitted. Before the start of the court session, give the court secretary a copy of the power of attorney for the representative and identification documents.

Please tell me, can the court reject the Application (petition) to determine the powers of the representative?

Expert opinion

Novikov Igor Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.

The court does not have the right to reject a request for admission of a representative if it is drawn up correctly and the representative is a legally competent person who appears in court.

In a claim for divorce, the defendant invited his representative to court to conduct the case. During the oral argument, the plaintiff objected to the defendant's representative speaking in court, since his speech put her in an unequal position with the defendant. The court refused to satisfy the plaintiff's request. this is right?

Yes this is correct. Since the parties have the right to use the services of a representative in a civil case. Representatives have the right to provide explanations, including speaking in debates. The fact that the plaintiff did not exercise her right to hire a representative in the case does not entail the deprivation of this right of the defendant.

I am a defendant in a civil claim for compensation for personal injury. I have no legal knowledge. The wife is handling the lawsuit. She is not a lawyer. Can she be my representative?

Legal education is not yet required to represent interests in a civil case. draw up a notarized power of attorney or personally apply for representation in court.

Hello, a similar question: how to arrange representation in court from husband to wife without resorting to the services of a notary? He won’t be able to come to the meeting in person and make a statement, I read that you can through your Criminal Code at your place of registration.. Is this so and how to arrange everything correctly?

It is necessary to issue a power of attorney, which can be certified by the Criminal Code or other organizations listed in the law (Article 53 of the Code of Civil Procedure of the Russian Federation). Another question is that these organizations are not interested in this in any way. The vast majority of powers of attorney are issued through a notary.

Hello! I can't agree with you, lawyer. In accordance with Part 6 of Article 53 of the Code of Civil Procedure of the Russian Federation, the powers of the representative can also be determined in an oral statement recorded in the minutes of the court hearing, or in a written statement of the principal in court.

At the same time, on the basis of Part 1 of Article 48 of the Code of Civil Procedure of the Russian Federation, citizens have the right to conduct their affairs in court in person or through representatives. Therefore, your answer is not entirely clear: “I would like to draw your attention to the fact that without the participation of the person participating in the case, his representative will not be able to participate; this requires a power of attorney.” Can you provide a link to the law? Otherwise, sometimes I participate in court without my client and come to the hearings myself)

You're right. The answer was incorrect in this part. Thank you for your comment.

There was an accident, I was with my husband. I mainly do paperwork. Can I act as a representative for my husband without a notarized power of attorney? At the first meeting, the magistrate rejected and made me a witness. The husband stated verbally. How can I be a representative at the next meeting or is this impossible? Am I already a witness?

Most likely, due to the circumstances of the case, the magistrate needed to question you as a witness. Your testimony may be used as the basis for a court decision.

You can become your husband's representative in this case, but then your testimony as a witness will be excluded from evidence (Article 69 of the Code of Civil Procedure of the Russian Federation). Perhaps these indications are not enough for the decision to be in your favor.

Each party to the conflict has the right to have a person who has the authority to do so represent its interests in court. A close relative can also act as a representative if he has the appropriate papers, and in order for a lawyer to handle the case, he only needs a warrant.

A petition for admission of a representative is drawn up using a ready-made sample, and then submitted to the court for consideration.