Letter of committment: order of direction and sample of filling

A court order is the instruction of one court to another to commit 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 collect evidence with the help of judges working in another district or region. Such actions are permitted provided that the court can not independently perform procedural actions.

For example, the witness in the case lives in another area and is not able to attend the meeting. Then an order is sent to the address of the local court for interrogation of the witness at his place of residence.

Varieties of instructions

The court order is the norm for any type of production (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 judicial stage for this reason are rare.

Executive proceedings are considered to be a continuation of the judicial process. But this does not equalize the acts of bailiffs and judges. What is the instruction of the 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 by the party's application in the case.

It is advisable to prepare and file a petition in advance through the office. It must be motivated, you can not ask for instructions without any reason. The reason must be valid, otherwise failure may follow.

The point is that the court's duty is to directly investigate all the 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 the right

If a court order is drawn up, the sample is used without fail. 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 lost, which can lead to problems.

The right of a judge to claim documents extends to the entire country, the sending of instructions for this purpose is not permitted.

The definition of the instruction must be clear, the commission of specific actions (interrogation or examination of a specific witness or object) is prescribed. It should be as clear as possible, without any ambiguity. Briefly stated:

• The heart 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, are summoned by 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.

The receipt of only written explanations is considered insufficient, although they can be attached to the protocols of interrogation.

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 of Internet technologies, requests for the organization of videoconferencing are received. This approach significantly saves time and ensures a better conduct of the proceedings in the case. Thus, a judge from another region can directly interrogate a witness or ask questions to an expert.

Foreign assignments

Judicial and other bodies in the process of investigation and trial 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 court orders pass through the Ministry of Foreign Affairs, only then they are transferred to the 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, and other necessary actions are given.

Implementation can be denied for two reasons:

• In violation of state sovereignty;
• If the decision 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.