Return of a statement of claim is a procedural action, as a result of which the court refuses to accept the claim for consideration and returns it to the plaintiff with the attached documents․ This article provides a detailed analysis of the grounds, procedure, and a sample application for the return of a statement of claim from the court․

Legal grounds for returning a statement of claim

According to Article 135 of the Civil Procedure Code of the Russian Federation, a statement of claim is subject to return in the following cases:

• the claim is filed by an incapacitated person;
• the claim is filed by a person who does not have the authority to sign it;
• there is a pending case between the same parties, on the same subject and on the same grounds;
• a settlement agreement has been concluded between the parties on the disputed issue;
• before the court issues a ruling on accepting the statement of claim for proceedings, the plaintiff submits an application for the return of the statement of claim;
• the statement of claim is filed in violation of the rules of jurisdiction;
• the plaintiff evades compliance with the pre-trial dispute resolution procedure, if it is provided for by federal law or contract;
• the statement of claim does not meet the requirements of Articles 131 and 132 of the Civil Procedure Code of the Russian Federation, and despite the indication of the court, the deficiencies were not eliminated․

Procedure for returning a statement of claim

The court issues a reasoned ruling on the return of the statement of claim, which is sent to the plaintiff within five days from the date of its issuance․ The ruling on the return of the statement of claim may be appealed by filing a private complaint (Article 135 of the Civil Procedure Code of the Russian Federation)․

Important: the return of the statement of claim does not prevent the plaintiff from re-applying to the court with the same claim after eliminating the deficiencies․

Sample application for the return of a statement of claim

Below is an approximate sample of an statement of claim for the return of a statement of claim from the court:

To the [name of the court]
From: [Full name of the plaintiff]
Address: [residence address]
Contact phone: [phone number]

STATEMENT
on the return of the statement of claim

I, [Full name], on [date] filed a statement of claim with your court against [Full name of the defendant] on [subject of the claim]․

Based on [indicate the reason: withdrawal of the claim, change of circumstances, etc․], I am forced to request the return of the filed statement of claim․

In accordance with clause 6 of part 1 of Article 135 of the Civil Procedure Code of the Russian Federation, before the court issues a ruling on accepting the statement of claim for proceedings, the plaintiff has the right to submit an application for the return of the statement of claim․

I REQUEST:

To return me the statement of claim filed on [date] against [Full name of the defendant] on [subject of the claim], with all attached documents․

Attachments:

1. Copy of the application․
2. Receipt of payment of the state duty (if applicable)․
3. Document confirming the authority of the representative (if the application is submitted by a representative)․

Signature: _______________ /[Full name]/

Important nuances when filing an statement of claim

Timing of filing the application

The application for the return of the statement of claim must be submitted before the court issues a ruling on accepting the statement of claim for proceedings․ After the claim is accepted for proceedings, the plaintiff must file an application for abandonment of the claim, not for its return․

Consequences of returning the statement of claim

When a statement of claim is returned:

• the state duty paid when filing the claim is subject to full refund;
• the period of limitation is not considered missed;
• the plaintiff has the right to re-apply to the court after eliminating the deficiencies․

Difference between return and abandonment of a claim

Private complaint on the return of a statement of claim

If the plaintiff disagrees with the court’s ruling on the return of the statement of claim, he has the right to file a private complaint to a higher court․ According to Articles 331-334 of the Civil Procedure Code of the Russian Federation, a private complaint may be filed within 15 days from the date of issuance of the ruling․

The private complaint must contain:

• the name of the court to which the complaint is filed;
• information about the applicant;
• indication of the contested judicial act;
• grounds for disagreement with the court’s ruling;
• request to cancel the ruling and send the case for a new trial․

Frequently asked questions

Can a statement of claim be returned after it has been accepted for proceedings?

No, after the claim is accepted for proceedings, the plaintiff must file an application for abandonment of the claim without consideration (Article 220 of the Civil Procedure Code of the Russian Federation)․

How to get a refund of the state duty when returning a statement of claim?

To receive a refund of the state duty, it is necessary to:

1. Obtain a ruling on the return of the statement of claim from the court․
2. Submit an application for a refund of the state duty to the tax authority (IFTS) at the place of payment․
3. Attach the ruling of the court and a copy of the receipt of payment of the state duty․

Is it possible to file a statement of claim again after it has been returned?

Yes, the plaintiff has the right to re-apply to the court with the same claim after eliminating the deficiencies that were the reason for the return․

The return of a statement of claim is an important procedural institution that allows the plaintiff to withdraw the claim at the initial stage of the process without negative consequences․ The main thing is to submit the application before the court issues a ruling on accepting the claim for proceedings․ If you have difficulties in preparing procedural documents, we recommend contacting a qualified lawyer․

Useful links:

• Official website of Garant, legal information system
• ConsultantPlus — legal reference system
• GAS «Justice» — system for filing documents to the court online

The information provided is for reference purposes and does not constitute legal advice․ For resolving specific situations, we recommend contacting a specialist․