SERVICES lawyers in civil case
Arguing the role counsel in civil proceedings , The first thing to say that any interested person has the right as prescribed by law to apply to court for the protection of the violated or disputed rights, freedoms or legitimate interests. And already at this stage is very important happens in a timely manner apply to civilian lawyer to clarify whether the law violated a person honestly mistaken about this fact. Legal advice lawyer can clarify many important details.
The next circumstance to clarify which can be useful counsel in civil proceedings, it is the jurisdiction of the case. Despite the fact that the rules for determining jurisdiction set out in Code of Civil Procedure of Ukraine, in practice the definition of jurisdiction is well-known difficulties with which the ordinary person, not lawyer quite difficult.
The most important aspect of civil lawyer - Its participation in the proof. Many citizens in to court believe that this fact itself is enough to solve their problems. In fact, it is not. The modern civil procedure is based on the principle of adversarial proceedings. This means that to the party to court, the duty of proving the facts relied on as grounds for their claims, as well as to the defendant's responsibility to prove the facts on which the objections are based.
The requirement of the law on proving the parties validity of the claim (Objections) obliges lawyer not only provide a preliminary assessment of the material presented by the principal, to indicate the possibility of using them are contained in the evidence, but also provide practical assistance in obtaining them.
This law gives lawyer the right to request information, specifications and other documents necessary in connection with the provision Legal Aid from various government and public organizations; interview with the consent of the persons alleged to possess information relevant to a civil case in which he has legal aid ; To collect and report objects and documents that could be deemed material and other evidence in the case, bring on a contractual basis experts to clarify issues related to the provision Legal Aid .
At the same time I would like to draw the attention of citizens that attempt to justify their position must have conclusive evidence, in connection with which to collect evidence should not count and quality.
After gathering the necessary evidence, the person whose right has been violated, you must correctly make claim , Which also does not interfere with legal counsel.
The petition must be accurately and clearly described the nature and essence of the claims, the evidence in the case, the legal qualification of the disputed legal relationship, the request to the court. The application must necessarily be accompanied by copies of documents to the defendant.
Once the claim will be accepted by the court and appointed a hearing, the role of counsel in a civil case are much higher . At this stage of the proceedings lawyer may take proceedings to facilitate the proper settlement of the case, and, therefore, to achieve a favorable result for his client. These are primarily various applications - to call and examine witnesses, the admission and the discovery of documents, etc. Meanwhile, the application must be justified, and their number should not be excessive, otherwise the statement of a large number of unfounded applications will testify inactivity lawyer in preparation for the conduct of the case and only annoy the court.
Without revealing all the nuances of counsel in civil proceedings I want to say that only the active work to uphold the rights and legitimate interests of the principal will help to achieve a positive result.
You can learn about other opportunities lawyer in a civil proceeding, the need Legal Aid at all stages of litigation.
Seek legal advice and counsel Tel: +38 (044) 246-76-63, +38 (067) 447-41-07 or +38 (050) 564-59-69
Key words on which you can find us:
counsel in civil cases;
defense in court;
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