Legal representation in simplified court proceedings
One of the important areas of practice of lawyers of BRACE Law Firm is the provision of legal representation services in a court in cases in simplified court proceedings. In our practice, we face with various types of cases of simplified court proceedings at different stages of resolution, including pre-trial and trial. Our advantage is the extensive experience in case management in courts, specialized expertise and a well-coordinated team of lawyers.
Features associated with the framework of simplified production require an individual approach to each specific case and careful legal analysis.
Simplified court proceedings
A simplified proceeding is a trial that takes place only based on documents submitted by the parties to the conflict to the judicial authority, without the full-time participation of the parties or their legal representatives.
In accordance with Article 227 of the Arbitration Procedure Code of the Russian Federation, the following cases are subject to arbitration in arbitration courts:
1) on claims for the recovery of funds, if the price of the claim does not exceed 800 (eight hundred thousand) rubles for legal entities, 400 (four hundred thousand) rubles for individual entrepreneurs;
2) on contesting non-normative legal acts, decisions of bodies exercising public powers, officials, if the relevant non-normative legal act or decision contains a requirement to pay money or envisages the recovery of money or foreclosure on other property of the applicant, provided that these acts , decisions are disputed by the applicant regarding the requirement to pay cash or recover money or foreclose on the applicant’s other property and, at the same time, challenge the amount claimed by the applicant does not exceed 100 (one hundred) thousand rubles;
3) on bringing to administrative responsibility, if the administrative penalty for the commission of an administrative offense is established in the form of a warning or an administrative fine, the maximum amount of which does not exceed 100 (one hundred) thousand rubles;
4) on contesting decisions of administrative authorities on bringing to administrative responsibility, if an administrative penalty has been imposed for the commission of an administrative offense in the form of a warning or an administrative fine, the amount of which does not exceed 100 (one hundred) thousand rubles;
5) on the collection of mandatory payments and sanctions if the total amount of the sum of money to be collected specified in the application does not exceed 200 (two hundred thousand) rubles, with the exception of cases considered in the order-writing procedure.
In arbitration courts in summary proceedings, regardless of the price of the claim, the following cases are subject to consideration:
1) in claims based on documents submitted by the plaintiff establishing monetary obligations of the defendant, which are recognized by the defendant but not performed, and (or) on documents confirming the debt under the contract, with the exception of cases considered in the order of writ proceedings;
2) according to requirements based on a protest by a notary public of a bill of non-payment, non-acceptance and non-dating of an acceptance, with the exception of cases considered in the order of writ proceedings.
As for the courts of general jurisdiction, the following cases are subject to consideration under the simplified procedure:
1) for statements of claim for the recovery of funds or for the recovery of property, if the price of the claim does not exceed 100 (one hundred) thousand rubles, except for cases considered in the order of writ;
2) on claims for recognition of ownership, if the price of the claim does not exceed 100 (one hundred) thousand rubles;
3) on statements of claim based on documents submitted by the plaintiff establishing monetary obligations of the defendant, which are recognized by the defendant, but not executed, and (or) on documents confirming the debt under the contract, except for cases considered in the order of writ proceedings.
- Legal analysis of documents and other evidence submitted by a client regarding simplified court proceedings
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on in simplified court proceedings