Letter of committment: order of direction and sample of filling
A court order is a commission of one courtto another about the performance of certain actions in order to gather evidence. Considering the fact that only a few articles in the legislative acts are devoted to this issue, there are many nuances.
The concept of court order
A court order is a way to collectevidence with the help of judges working in another area or region. Such actions are permitted provided that the court can not independently perform procedural actions.
For example, the witness in the case lives inanother area and unable to attend the meeting. Then an order is sent to the address of the local court to interrogate the witness at his place of residence.
Varieties of instructions
A court order is the norm for any kind ofproduction (civil, arbitration, administrative). In criminal cases, investigative bodies are engaged in collecting evidence. The judge, having noticed in the case of the lack of evidence in the case referred to them, will not engage in their demanding. He will try to transfer the case to the prosecutor. Orders at the trial stage are rare for this reason.
Executive production is generally consideredcontinuation of the trial. But this does not equalize the acts of bailiffs and judges. What is the instruction of bailiffs (a sample you can find above) in fact? Only a way to get information to plan your actions further.
How decisions are made on instructions
The decision is made by the judge on his own initiative or on the part of the party in the case.
It is advisable to prepare and submit in advancepetition through the office. It should be motivated, you can not ask for instructions without any reason. The reason must be valid, otherwise failure may follow.
The fact is that the duty of the court isdirect examination of all facts, circumstances, documents, testimonies of witnesses. Otherwise, the case will not be considered complete. Because of this, the judges are sent an errand in exceptional cases. The decision on these issues is taken at the meeting.
How to make a right
If a writ is drafted, the samplethis is used by all means. This is normal, because the judge, his secretary or assistant is required to process dozens of documents during the day. And because of the haste and a large amount of work, the nuances are missing, which can lead to problems.
The right of a judge to claim documents extends to the whole country, the sending of instructions for this purpose is not permitted.
The definition of the assignment should be clear,The commissioning of specific actions (interrogation or examination of a particular witness or object) is prescribed. It should be as clear as possible, without any ambiguity. Briefly stated:
- the essence of the matter;
- information about the parties, their location or residence;
- circumstances that should be clarified;
- what evidence must be obtained.
The determination is signed by the judge who has accepted him, the date is indicated. The document is drawn up on a letterhead with a coat of arms, a seal is placed.
Order execution order
The papers are sent by mail, accepted by the office and sent to one of the judges. Execution of court orders lies solely on them, and they are not transferred to secretaries and assistants.
The commission is part of the judicial process, therefore, a meeting is appointed, witnesses or other persons whose participation is important, as well as participants in the case, summon the summonses.
All the actions of the court and participants in the meeting, their replicas are reflected in the minutes that the secretary conducts.
A warning of liability for refusing to give evidence or giving false testimony is mandatory. A similar receipt is given by the expert for refusing to conduct a study or give a false opinion.
Obtaining only written explanations is considered insufficient, although they can be attached to interrogation protocols.
A month is assigned for the execution of the assignment, if it is possible to complete it earlier, the results are sent as soon as it is ready.
At the moment in connection with the development ofInternet technologies receive requests for the organization of videoconferencing. This approach significantly saves time and ensures a better conduct of the proceedings. Thus, a judge from another region can directly interrogate a witness or ask questions to an expert.
Judicial and other bodies in the process of investigation andThe proceedings may need the help of colleagues from other countries. The procedure for processing a request or instruction depends on the relationship with a particular state. In the CIS countries, these issues are mainly regulated by the Minsk Convention on Mutual Assistance in Civil and Criminal Cases.
Foreign foreign letters are sent through the Foreign Ministry, only then they are sent to court. Interaction is not directly encouraged, and the result is subsequently not recognized as acceptable.
In the course of judicial assignments, notifications, case materials, interrogations, examinations, other necessary actions are given.
Implementation can be denied for two reasons:
- in violation of state sovereignty;
- if the decision of the matter does not apply to the powers of the court.
The arbitration process provides an additional basis for refusal:
- if you can not verify the authenticity of the order.
Execution can be considered impossible. For example, the Russian court handed over materials for delivery to the defendant - the Russian organization. Her representatives did not appear at the court to get papers. Copies of the arbitration court's ruling on the execution of the instruction, proof of the direction of the summons and documents from the foreign court are then transferred to the sender.