The article states that the parties to the case cannot be fined. Obviously, the court will negatively assess the unwillingness of the participant in the proceedings to provide the required information.

How to compose correctly?

The request for documents must contain the following information:

• information about the author of the application: full name (name of organization), residential address;
• the name of the court;
• document's name;
• description of the case: number where it is considered, the subject of the dispute, information about the parties;
• a brief description of the main circumstances of the case;
• an indication that Article 56 places the burden of proof in civil proceedings on the party that invokes the circumstance;
• a description of where and why the required item is located;
• an indication that the applicant has no legal basis to oblige the owner to provide the necessary evidence (preferably with reference to legislation);
• reference to Article 57 of the Code of Civil Procedure of the Russian Federation;
• description of the requirements: what and from which person to demand;
• list of attached documents;
• signature, date, surname and initials.

The petition can be submitted to the court through the secretary of the meeting, through the office or by mail. The process can be interrupted for the time it takes to get the required item. Or the court may proceed to examine other evidence, if the specifics of the case permit.

The applicant should pay attention to 3 important points:

• where is the evidence?
• what circumstance will be confirmed by the applicant with his help;
• legal grounds that do not allow the party to independently obtain the necessary thing.

Such requirements are legally enshrined in Part 2 of Article 57 of the Code of Civil Procedure of the Russian Federation.

The application will be granted if the fact cannot be established in any other way. In the event that a participant in a legal dispute has other means of proof, he must use them, and not involve another person in the process. Also, the circumstance confirmed by the demand for evidence must influence the assessment by the court of other facts.

The petition must be drawn up taking into account the facts to be proven, the position of the party, the claims of the plaintiff and other circumstances.

The court does not grant the application in all cases. The application may be rejected if the state body does not consider it necessary to establish the facts indicated in the application in the course of the proceedings. Or it will be established that another method of obtaining evidence is available to the person, although it is longer in time or requires additional material costs.

If the party was denied the satisfaction of the petition, and the dispute was resolved not in its favor, then such a circumstance may become the basis for appealing the decision to a higher authority.

With court litigation of various kinds, everything does not always go smoothly. The defendant may prevent the other party from obtaining the documents or other type of evidence necessary for the case. How to be in such a situation, how to get information? More on this later in our article.

How to file a petition for the recovery of physical evidence

For the collection of evidence in the case, according to the legislation of the Russian Federation, the participants are responsible. In case of difficulties in collecting documents and physical evidence, any of the participants has the right to apply to arbitration or another instance of general jurisdiction, with a written request to help with this.

The applicant may be either the plaintiff or his representative acting by proxy.

The document is submitted before the appointment of the date of the court session, and when it is already known, and the case is taken into consideration. In the second case, in the petition, indicate the number and date of the initiated case.

How to file an application - sample

The right to appeal to the court, with a request to help in obtaining the documents necessary for the case, is spelled out in the procedural legislation of the Russian Federation.

The request has the following structure:

• Cap - it indicates the name of the organization of justice to which they are contacting, the full name of the applicant, his address and role in the case;
• Document's name;
• Introductory part. Indicate: the location of the case - the name of the court or the magistrate, the full name of the plaintiff and the defendant, the number of the case, the contents of the case;
• Main part. It describes the legal circumstances of the case and the applicant's responsibility for them. The order of presentation, in accordance with Article 56 of the Code of Civil Procedure of the Russian Federation;
• List the necessary evidence that cannot be provided independently, the circumstances of the case. In this part, it is necessary to apply to the court with a request to assist in their recovery, indicate their location.

• a list of evidence and indicate for the court, the address of the request;
• indicate the case number to which it is necessary to attach the requested
• arguments, full name of the plaintiff.

The application must be accompanied by:

• Copies of documents. The number, according to, of the participants in the process;
• Confirmation of the impossibility to request them yourself.

You must indicate the date of submission of the request and put your signature.

Petition for the reclamation of evidence from the defendant - sample

In order for the court to be able to satisfy the request for evidence and documents in the case, it is necessary that the request be legally competently drafted.

The important part is:

• exact enumeration of the list of required documents or arguments;
• argumentation of their necessity for the case;
• correct indication of their storage location.

How do I file a motion to obtain evidence in a civil case?

The request must be made in two copies. One - for the body of justice, the second - for the personal archive. The request is handed over personally or sent by registered mail with notification. When handing the document in person, it is necessary to register it with the secretary in the office. On your copy, you must put down the incoming document number and date.

Application process

With a request to this instance, to help collect information on the case, the plaintiff can apply both before the start of the process and during it.
The appeal may be oral or written.

verbal request, voiced:

• Investigator (in criminal cases) during interrogation. The request must be entered into the protocol, after which the interrogation begins;
• In the courtroom during the process;
• Before accepting the case. Provided personally to the court office or sent by registered mail.

With requesting information, it is not worth delaying, as this affects the transience of the case. The submitted request must be, in accordance with the legislation of the Russian Federation, considered immediately. There are exceptional cases when the application can be taken for consideration within three days.

In the process of consideration, such solutions:

• on the satisfaction of the request;
• its partial implementation;
• completely denied.

Full or partial rejection must be justified by the court.

Petition for the reclamation of evidence under the Code of Civil Procedure

In the request, it is important that a link be made between the circumstances of the case and the information requested. In case of an incoherent demand for evidence, the court refuses to fulfill the request.

The actions of the court, upon receipt of a request, are as follows:

• issues to the applicant a court decision on the retrieval of evidence, which he must deliver personally or by registered mail, to the second party;
• requests evidence directly from the defendant.

The defendant may provide information to the court or to the applicant, depending on the method in which the answer is required, according to the decision issued by the court.

One of the cultural leisure activities is visiting the theater. In order to choose a convenient seat in the hall, to purchase an input document at a cheaper cost, the consumer often makes a deal in advance, several weeks, and sometimes even months before the day of the performance. The risk of non-attendance is high, during this time plans can change dramatically: a person may fall ill, he may have an urgent business trip at work. In such cases, setting priorities, you have to refuse a ticket to a performance or a movie. How to do this will be discussed in this article.

How to return tickets to the theater - step by step instructions

The buyer has the right to cancel the session at any time by paying the administration the costs incurred in connection with the organization of the cultural event.

These expenses include:

• the cost of printing the form;
• booking a seat in the hall;
• room rental.

Announcements posted in the foyer of the theater that it is forbidden to return the ticket are unfounded and have no legal force.

So, the buyer decided to refuse to visit the theater. To do this, he needs to do the following:

• go and apply to the theater box office;
• present your passport and, accordingly, the purchased document for the performance;
• write an application with a request to return the money, indicating the reason for the refusal;
• expect a refund.

The funds must be returned to the consumer no later than thirty days. If at the time of the appeal, there is money at the cash desk, then basically, the cashier issues them on the same day, immediately.

If the session was paid for with a bank card, then the money will be transferred to it to the person who made the payment.

There are situations in which the ticket amount is refundable in full. These include:

• cancellation of the presentation;
• transfer to another number;
• providing services of inadequate quality, for example, destruction of scenery, non-exit of an actor, etc.;
• replacing the scheduled performance with another.

In all these cases, the money is returned to the client in full.

How many days in advance can a theater ticket be returned?

According to the current legislation, this must be done before the start of the performance at any time. As soon as the information is received from the viewer, it is necessary to immediately submit the document to the concert.

Different theaters have different rules for submitting documents for performances. When returning a ticket, it is necessary to hand over to the administration of the institution the money spent on the expenses associated with the organization of the event. These expenses must be spelled out in the Charter of the institution or other regulation. If there is no such written provision, then you can safely claim the return of the full amount paid.

The rules apply both to theater services and to cinema and other cultural and entertainment establishments.

Sometimes it happens that for a number of reasons, you need to cancel the event only on a specific day, and it is possible to visit it on another day. For these purposes, you can try to contact the theater administration with a request to exchange for another convenient number. The cashier should tell you how to do it right. The magic word "please" will come to the rescue. If the exchange is not possible, then instead of the old one, you can purchase a new document.

Can I return tickets to the theater on the day of the performance?

When submitting a document for a performance on the day of the performance, it is important to put down the date and time in order to fix the moment of submission before the start of the acting. In the regulations of many cultural institutions it is written that tickets are not accepted on the day of the performance.

Despite this, it is worth applying. In case of refusal to write a complaint to Rospotrebnadzor and the Ministry of Culture of the region. The complaint will have to refer to the Consumer Rights Protection Law, and not to the internal Charter, since it has the highest legal force. Knowing the provisions of the law, you need to be able to protect your rights by all legitimate means and methods.

How to return a ticket to the theater purchased via the Internet?

Tickets can be bought at the box office of the cultural institution itself, at ticket kiosks, from intermediaries, as well as on the Internet. Intermediaries are also entitled to sell such documents. The network sells and book electronic documents. In case of refusal from the session, you can submit the document by submitting an application online, and you can also contact the cashier of the establishment.

A feature of the delivery of an electronic document is that the money will go only to a bank card, thus the time for returning money is increased compared to the delivery of a document purchased at the checkout.

How to return tickets to the Mariinsky Theatre?

The rules for submitting documents are written on the official website Mariinsky Theater. There are time limits: the ticket must be returned 10 days before the day of the performance.

For all unforeseen issues, viewers can contact the administration of the institution with a view to their subsequent settlement.

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