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Request for witnesses: principles, rules of writing

An application for witness summons (sample) can befound on any legal website. However, before you download this or that document, you need to think carefully. Samples and examples of requirements issued in the public domain do not reflect the nuances of a particular case. Therefore, we advise you to contact the lawyer just in case for advice. However, in general, the samples of writing applications have a uniform and logical algorithm, regardless of the specific application.

The concept of

In the trial, the parties haveinitiative. This means that everyone has the right to apply to the court for the purpose of carrying out procedural actions that should lead to an objective examination. An application for summoning witnesses is a written request to a court for a clearly stated purpose. Let us pass to the principles.

Principles

petition for witnesses

There are many different requirements in the legal process. To enumerate them all does not make sense within the framework of one article. Let us say at once that the petition for calling witnesses does not have a "correct" established form. Each has its own nuances. However, in general, there are general principles:

  • There is no single approved form, sample.

petition for a witness in the administrative case

  • It is not necessary to refer to laws in the application. If the application is not in conflict with the procedurallegislation, it will be required to consider it. However, the reference to legal norms will give legal weight to the document. The court will understand that the applicant knows what he is doing.
  • Specificity. The principle of clarity and clarity in the jurisprudence of no onedid not cancel. It is necessary to specify the right of everyone to a fair trial, that the witness is ready to give evidence, he is provided for, he waits in the corridor. Then it will be more difficult to argue the refusal. The court will have to call a witness, otherwise this will be treated as a violation of the principle of independence of the trial.
  • Timing. The ideal option would be long before the court to make a motion to call witnesses. If this is delayed until the last day, then the court can treat the claim as an abuse of the law, and refuse.

 petition for a witness

  • Volatility. Before a court it is better to have several pre-opened forms. It is not known how the process will go. Oral statements are often not reflected in the case.

What should contain

 petition for a witness in a civil case

An application for summoning a witness to a court does not have special requirements, but it must contain:

  • the name of the court;
  • requisites of the parties;
  • data on the witness;
  • justification.

The last point is very important. It is necessary to indicate for what purposes it is necessary to call a witness that he should explain how his information can affect the outcome of the case. This must be taken into account. Otherwise, the application for summoning a witness in an administrative matter may not satisfy. This applies to other areas of law. Not only in administrative matters.

An application for a witness in a civil case, an example

petition for a witness in a criminal case

Here is an example of the main part of the petition:

"In the production of the Central District Courtof the city of Barnaul there is a civil case No. 763/2016. With a view to an objective and comprehensive examination of the case, I ask you to interview witness A. Ivanov, registered at: Altai Krai, Romanovskiy district, Romanovo, ul. Proletarskaya, d. 15-2, in the courtroom. His appearance was secured, he awaits a call. This witness is a security guard, his workplace is located at the checkpoint of the organization Sirius LLC. He can confirm that he was on October 16, 2016 from 9:00 to 18:00 in the workplace. He saw that on that day I came to work at 8 hours and 50 minutes. From this it follows that the disciplinary punishment that I received for being late is illegal. "

Criminal proceedings

petition for witnesses

Petition for a witness in a criminal casehas its own characteristics. Main: it is submitted both at the trial and at the preliminary investigation. In a criminal case, one should not drag out the case until trial. Already at the preliminary investigation it is necessary to defend their rights, to prove their innocence. One such tool is similar rules.

Requirements to them are similar, as in otherbranches of law: it is necessary to indicate for what the witness should be questioned what exactly he will explain. Describing the arguments in the requirements when calling a witness is very important. If in the civil case all the processes are open, then in the criminal case the investigation of the witness is conducted by the investigative authorities. Trust objectivity is better not worth it. Therefore, it is necessary to indicate what exactly it should confirm. If the witness interview protocol is not based on the arguments in the petition, you can refer to violations of the objectivity of the investigation.

Refusal to call a witness in criminal proceedings

 petition for a witness in the administrative case

The requirement to call a witness in criminal casesmay be rejected by the investigating authorities. In this case, it is necessary to file a complaint with the prosecutor's office. This can be done with the most "loud" phrases: violation of constitutional rights and freedoms, violations of objective and comprehensive investigation, etc. Such language can play into the hands of the court.

Conclusion

Samples of writing petitions will not help in the caseby themselves, if you do not know some of the nuances in writing. Therefore, we still advise you to contact lawyers for their compilation and filing. This can not only save time, but money. In criminal cases, you must always hire a professional lawyer.</ span </ p>

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