One of the important aspects when preparing a response to a statement of claim, regardless of the type of legal proceedings in which the case is considered, is the timely and well-prepared objections against the claim demands by providing the court with evidence that confirms the defendant’s disagreement with the claim demands.
In our article, we will examine important legal aspects that are crucial to consider when preparing and submitting a response to a statement of claim, namely: deadlines for submitting the response; how the statute of limitations affects the denial of the claim; how to gather evidence on which the defendant’s objections are based; and the procedure for submitting them to the court.
Deadlines for Submitting the Response
According to the norms specified in the procedural codes, a response to a statement of claim is submitted within the period set by the court, which cannot be less than 15 (fifteen) days from the date of delivery of the court’s ruling on the opening of proceedings in the case. The court must set such a deadline for submitting the response that allows the defendant to prepare their objections, gather the necessary evidence, send them to the plaintiff along with the response and confirmation of sending them to the plaintiff, and submit the response and evidence to the court.
It is important that if the defendant does not manage to submit the response within the period defined by the court, the defendant, in order to protect their interests and consider all the evidence they have during the court’s consideration of the case, needs to submit a motion (application) to extend the deadline for submitting the response.
Thus, according to Part 2 of Article 127 of the Civil Procedure Code of Ukraine: “The procedural period set by the court may be extended by the court upon the application of a party to the case, submitted before the expiration of this period, or on the initiative of the court.”
Indeed, if the defendant fails to provide a response within the period set by the court and does not submit a motion (application) to extend the deadline for submitting the response before the expiration of this period, the court will decide the case based on the available materials, which may lead to the defendant’s position not being considered and negative consequences arising.
Statute of Limitations
One of the ways to protect the Defendant’s interests is to establish the statute of limitations, determining whether the plaintiff has violated the deadlines for applying to the court.
According to Article 256 of the Civil Code of Ukraine (hereinafter referred to as the CCU), the statute of limitations is the period within which a person may apply to the court with a demand to protect their civil right or interest.
The statute of limitations periods can be of two types:
- general;
- special.
The general statute of limitations is established as three years (Art. 257 CCU).
The special statute of limitations, established by legislation for certain types of demands and taking into account the specifics of these relations, may be either shorter or longer compared to the general statute of limitations.
A special statute of limitations of one year applies, in particular, to demands for the recovery of penalties (fines, forfeits), and others.
For advice on the application of special statutes of limitations, you can consult our lawyers in Kyiv by contacting the phone numbers listed below.
Courts apply the statute of limitations upon the motion of a party to the case (defendant); at the same time, the court establishes when the person became aware of the violation of their rights and interests and verifies the evidence provided by the plaintiff. If the plaintiff has not provided evidence about the circumstances that became known to them and did not apply to the court with a motion to restore the missed deadlines for valid reasons, the court, upon the motion of a party to the case (Defendant), may apply the statute of limitations.
Gathering Evidence
One of the aspects of the defense strategy when preparing a response is to check the circumstances (facts) indicated by the plaintiff for compliance with the actual circumstances of the case, the availability of evidence from the plaintiff that confirms the claim, and the collection of evidence by the defendant that refutes the circumstances stated by the plaintiff in the claim.
Along with the response, the defendant provides the court with evidence that confirms the circumstances on which the defendant’s objections are based, and documents that confirm the sending (providing) of the response to other participants in the legal process. A copy of the response and the documents attached to it must be sent to other participants in the case simultaneously with sending the response to the court.
We draw your attention to the fact that to obtain evidence, the defendant can independently send a request for public information in accordance with the Law of Ukraine “On Access to Public Information,” write an application, citizen’s appeal in accordance with the Law of Ukraine “On Citizens’ Appeals” and the Law of Ukraine “On the National Archival Fund and Archival Institutions,” or contact our legal company to prepare and send an attorney’s request in accordance with Article 24 of the Law of Ukraine “On Advocacy and Advocacy Activities.”
Please note that the response to citizens’ appeals is provided by the executor within 30 days, and to an attorney’s request within 5 working days.
By contacting our specialists, you will spend minimal time and will timely receive the appropriate evidence in the case.
Also, specialists of our legal company will help you prepare a response to the statement of claim and prepare other necessary motions, applications to the court, in particular, for the retrieval of evidence that is with other participants in the legal process.
Requirements for the Content and Form of the Response
Given that the response is classified as a statement on the merits of the case, the relevant procedural codes of Ukraine provide for the corresponding requirements for the response, which are essentially similar to the requirements for a statement of claim. Therefore, it is very important for the defendant to comply with such requirements so that it is taken into account by the court during the consideration of the case on the merits.
For a more detailed consultation with a lawyer in Kyiv and for the preparation of a response or any other procedural documents, you can contact the lawyers of the legal company “First Legal” by filling out the application form on our website or simply calling us at: +38 (044) 35-35-164, +38 (067) 306-89-89, +38 (063) 45-85-448, +38 (099) 367-89-89.