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How to write a petition to appoint an expert examination to the Arbitration Court (civil court)?

In accordance with Art. 79 Code of Civil Procedure of the Russian Federation, art. 82 of the Arbitration Procedure Code of the Russian Federation, when issues that require special knowledge arise during the trial, the court appoints an examination. An expert examination in civil or arbitration proceedings may be appointed at the request of one of the parties participating in the case, or by court decision. A petition to order (conduct) an examination according to the law can be submitted both in writing and orally (in arbitration and administrative proceedings, all petitions are submitted in writing; in civil and criminal proceedings, the petition can be submitted orally). Written form petitions for the appointment of a forensic examination are always preferable, since the written request will remain in the case file and can be used to appeal a court decision even if the court rejects its satisfaction. This will avoid a situation where the request for an examination was not included in the minutes of the court hearing or its content was reflected in a distorted form.

Petition for appointment of a construction expert

When should I apply for an examination?

A request to order an examination can only be filed in the court of first or appellate instance or at the pre-trial stage. The Code of Civil Procedure and the Arbitration Procedure Code do not regulate the moment of filing petitions. You can make motions after the judge asks about existing motions and applications or at any other time that you think is appropriate, before the court makes a decision.

The petition to appoint an examination is written V free form . In a hat indicate the name of the body to which the petition is submitted, full name of the plaintiff, defendant, case number. The request for an examination contains a reference to Art. 79 Code of Civil Procedure of the Russian Federation or Art. 82 of the Arbitration Procedure Code of the Russian Federation (depending on whether the case is being considered in a court of general jurisdiction or in the Arbitration Court) issues requiring expert clarification (part 2 of article 79 of the Code of Civil Procedure of the Russian Federation, part 2 of article 82 of the Arbitration Procedure Code of the Russian Federation), the name of the expert organization that You want to entrust an examination (Part 2 of Article 79 of the Code of Civil Procedure of the Russian Federation, Part 3 of Article 82 of the Arbitration Procedure Code of the Russian Federation) and, if necessary, a list of evidence in the case that the applicant asks to be handed over to the expert. At the beginning of the application, the circumstances for the clarification of which require an examination should be stated. The better the motivation for the request, the greater the chance that it will be granted.

This petition is "official request", which the court has the right to satisfy or not satisfy. After considering the petition, the court issues a ruling on granting the petition to order an examination (in full or in part) or refusing to grant it (indicating the reasons), which is attached to the case materials. If the judge refuses to accept your petition for consideration, submit it through the office and be sure to put a stamp that it has been accepted. The person who filed the petition must be informed of the results of the consideration of the petition.

There are cases when a request to order an examination is rejected by the court with the wording: “due to the lack of additional information necessary to consider the said petition, namely the consent of the expert organization to conduct the examination, the candidacies of experts, the cost and timing of the examination.” In order to avoid such a situation, you can make a request before submitting your application about the possibility of conducting an examination to us, to the Leningrad Service “LENEXP”. We will prepare for you information mail to the court about the possibility of conducting an examination, indicating the estimated time frame, cost, information about the expert and his qualifications.

If you want to recover the cost of the examination you paid for on the losing side, a petition must be filed to recover legal costs (representative fees, expert fees, etc.). This can be done either before or after the trial is completed.

Below are

samples of applications for appointment of an examination ,

developed by us taking into account the requirements of the Civil Procedure Code and the Arbitration Procedure Code of the Russian Federation.

Document title: petition for the appointment of an examination. The names should not be used: petition for an examination, application for an examination, application for the appointment of an examination, form for appointing a forensic examination.

Request for examination

LLC "Leningradskaya

ExpertService

« LENEXP"

195009, St. Petersburg,

st. Komsomol, 41, office 219

From a citizen of the Russian Federation(FULL NAME.)

"__"_________ 2019

Saint Petersburg

Please let me know if your organization is ready to conduct (name of examination) an examination as determined by the court, in order to answer the questions:

1.____________________________________________

2.____________________________________________

If you agree, please provide the qualifications of the expert who will be entrusted with conducting the examination, a list necessary documents, estimated completion time and cost.

02.01.2019

Since it is impossible to provide for all possible types of examinations in civil cases, we provide a general sample of an application (petition) for the appointment of a forensic examination in a civil case.

In accordance with Article 79 of the Civil Procedure Code of the Russian Federation, an examination in a civil case can be appointed on issues that require special knowledge that the court does not have, for example, on medical, technical or construction issues.

Ask:

1. Appoint a forensic examination in the case, which will be entrusted to __________ (full name or name of the expert).
2. To put the expert's permission next questions __________ (list questions to the expert).
3. Notify me (not notify) about the time and place of research by experts.
4. Payment for the examination shall be entrusted to __________ (indicate who should pay for the examination).

List of documents attached to the application(copies according to the number of persons participating in the case):

1. Documents confirming the grounds for the application for the appointment of an examination

Date of application “___”_________ ____ Signature _______

Download a sample application:

54 comments to “ Application for appointment of an expert examination in a civil case”

For getting additional features as part of an investigation or trial, you need to use different instruments. One of these is petition.

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It is used in different situations and each has its own nuances. So, you need to know the features of drawing up a request for an examination in 2019.

Necessary information

Various cases may be heard in court. This is the area of ​​both civil offenses and disputes, as well as criminal and administrative ones. The applications themselves are drawn up in relation to these indicators.

Such documents provide for changes in the procedure for considering the case. You can submit papers at any stage. Although there are some exceptions. Here it is worth knowing its own characteristics in each of the cases.

Main concepts

The consideration of any of the cases is tied to familiarization with the terminological base within the following limits:

In what cases is it issued?

You can file a petition if the need arises. The law does not restrict either party from filing such applications.

Initially, you should process the case materials that already exist. Only after this can a conclusion be drawn about the need to obtain additional information.

The petition establishes the provisions on the basis of which the examination will be carried out. This is the main requirement for document execution. And it should be adhered to.

Because all actions must be within the scope of the investigation. They are sent to establish unknown data. Or to confirm the evidence presented.

Requirements for experts

The law of the Russian Federation puts forward a certain list of requirements for experts. Because they must exercise only the established rights and responsibilities.

The main list includes the following:

In the same structure, there are also fines for experts. For example, when a decision on a claim is not ready and there is no reasoned refusal or request to extend the deadline.

What the law says

IN in this case Depending on the situation, they rely on different regulatory documents. Depending on whether the case is criminal, arbitration, civil or administrative, articles of different documents apply:

All of these articles talk about how an examination is appointed (Article 79 of the Code of Civil Procedure, Article 82 of the Arbitration Procedure Code, Article 195 of the Code of Criminal Procedure), and describe the procedure for conducting the examination (Article 84 of the Code of Civil Procedure of the Russian Federation, Article 83 of the Code of Arbitration Procedure of the Russian Federation).

Also, the above articles contain information about what types of examinations and responsibilities of experts are in specific cases.

Important aspects

Filing a petition for an examination cannot be a single action. In this process, other mechanisms are immediately included - both for the plaintiff and for the defendant.

There is a whole set of requirements for the determination that the court issues. This document will be sent to experts for all actions.

Based on the information from the petition, a court ruling is drawn up. Therefore, it is important to indicate a set of very brief and clear points in the petition.

Submission methods

There are several ways to submit applications. They are related to the capabilities of consumers in the field of office work.

The most common options are:

Due to its special structure, the latter option is not always effective. And it is best to submit applications on paper.

Document structure

The document must include several structural parts:

Application forms (sample)

The legislation does not establish a sample document to follow. A citizen has the right to use free form. But in some cases, each document will have its own characteristics.

The form itself has slight changes. The content of the petition has greater influence. And these two points are worth paying attention to when filing a petition to appoint a forensic examination. The form for this application (petition) is available.

Photo: petition (application) to appoint an examination

In a civil case

In this case, a standard sample is used. Its form has all the main structural parts. In terms of filling, it is worth indicating the following nuances:

• filing a civil case;
• the reasons should indicate confirmation of any facts in the case;
• be guided by civil law.

In a civil case, either a written or oral statement can be used.

Therefore, you don’t have to write a petition, but present it at a court hearing. A decision will be made on the advisability of conducting an examination.

In the arbitration process

When using a petition in this area, you should only use a written document. The legislation also does not establish a writing sample. But there are several points that differ from a civil petition.

For example, in this document It is worth indicating where the request for examination should be sent. The applicant may propose institutions that can carry out this operation.

If such a proposal is indicated, additional information must be attached. They consist of indicating the competence of the company, the cost of the work and the timing of its completion.

In an administrative case

If a petition is used in such a case, it is worth using a standard sample paper. It provides clear reasons for conducting the study.

An examination can be ordered by a court only if there are legislative grounds. All of them are listed in the Administrative Code. The application form for the appointment of an examination in an administrative case is available.

In a criminal case

It is quite important in criminal proceedings to conduct various examinations. And the filing of the application must be timely. The form is compiled according to a standard algorithm. But it’s worth adding a few clarifications.

In the case where the examination includes the study of medical indicators, clarifying questions are required. They are determined by the applicant in his application.

How to write an objection to petitions (in what cases)

There are several factors that may be included in the withdrawal of a petition:

• the examination is not included in this procedural proceeding and does not make sense;
• the questions drawn up for the examination are already confirmed in publicly known data or official papers.

A sample objection to a request to appoint an examination is available.

Is it possible to submit a request for an examination in an appeal?

Judicial practice and decisions of the Supreme Court of the Russian Federation indicate that such a petition is possible. But it’s worth relying on.

After all, in most cases, all the research already exists. Appeal proceedings provide an opportunity to look at the same case again. And during this hearing, new information must be provided.

This document can be compiled using the following example:

Photo: petition (application) to order a re-examination

What to pay attention to

The petition must be accepted to confirm compliance with the rights and interests of the parties to the case. A refusal to approve it may have several resolution options.

If there are grounds for refusal within the framework of the law, then they must be taken into account. If there are none, then it is worth appealing the court’s decision.

And then all the requirements for the petition will most likely be taken into account. It is important to draft the document correctly and provide the necessary arguments.

Drawing up petitions in court requires knowledge of the structure and form of this document. The information content of the paper also plays a role.Therefore, it is important to initially understand this document.

It also requires a number of documents and confirmations to be attached. Otherwise, it will not be possible to go through the court and get a satisfactory solution. Plus, the specialist must select significant and legally defined arguments.

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

The posted sample petition for the appointment of an examination was compiled taking into account latest changes legislation of the Russian Federation. You can view information about the lawyer who drafted the petition to the arbitration court to appoint an expert examination in the section of this website “ Arbitration lawyer."

To the Arbitration Court of the Novosibirsk Region
630102, Novosibirsk, st. Nizhegorodskaya, 6

Plaintiff: Public Joint Stock Company "Name of Organization"
630007, Novosibirsk, Chaplygina, 10

Defendant: Closed joint-stock company "Name of organization"
630007, Novosibirsk, Krasny prospect, 19

Case: A45-54321/2019
Judge: Polovnikova A.V.

Petition for appointment of an examination

The Arbitration Court of the Novosibirsk Region is processing case No. A45-54321/2019 on the claim of PJSC “Name of the Organization” against CJSC “Name of the Organization” regarding the imposition of responsibilities for the gratuitous elimination of defects transferred under the contract non-residential premises.
In accordance with Article 82 of the Arbitration Procedure Code of the Russian Federation, the arbitration court, at the request of a person participating in the case, has the right to order an examination to clarify issues that arise during the consideration of the case that require special knowledge.
In connection with the emergence of issues during the consideration of the case that require special knowledge, in accordance with Art. 82 Arbitration Procedure Code of the Russian Federation,

1. Schedule a construction and technical examination and propose the following questions to the expert to resolve:
- are there any shortcomings (defects) in the elements of the enclosing structures of the non-residential premises transferred under the contract, what is their location, if any, then did they arise before the transfer of the non-residential premises transferred under the contract dated 01.02.2018 No. 1 (for what reasons), or did they arise after this moment?
- what types of work need to be performed to eliminate the shortcomings of the non-residential premises transferred under contract No. 01 dated 02/01/2018?
- what is their volume and cost?
2. Entrust the construction and technical examination to the Limited Liability Company “Novosibirsk Bureau of Forensic Technical and Economic Expertise”, located at: 630000, Novosibirsk, st. Taiginskaya, 13/1, 35, engage as an expert Last Name First Name Patronymic.

Plaintiff I.O. Surname