Clarification to the Complaint about the action of a Private Bailiff in refusing to accept an alternative assessment report
To the Medeu District Court of Almaty
To the judge ......
Republic of Kazakhstan, Almaty,
34 Nusupbekov St., 050016.
The applicant: ..........
IIN №.............
………………….
IIN ..................
Representative by proxy:
Sarzhanov Galymzhan Turlybekovich
IIN: 850722301036.
Almaty, Medeu district,050002, Zhibek Zholy ave.,
50, office 202, Business center Block.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 (708) 578 57 58.
Defendant: Private bailiff
Executive district of Almaty city
..........................
IIN
050000, Republic of Kazakhstan, city
Almaty, Aiteke bi str., ...., office . .....
tel.: +7 7 .......
Amendments and clarifications to the Complaint
on the action of a Private bailiff to refuse to accept an alternative assessment report
Q, is there a civil case in your case №........... dated 08/07/2011... on the complaint of gr. .............., on actions/omissions of a private bailiff of the executive district of Almaty gr. .............. Due to the changed circumstances, the Applicant wishes to clarify the requirements and add to the number of applicants filing a Complaint, as well as a previously filed application for reinstatement of the term of imprisonment.. ................. According to the Civil Procedure Code of the Republic of Kazakhstan, Article 48., the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of claims or abandon the claim, the defendant has the right to recognize the claim, the parties can end the case with an amicable agreement or an agreement on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute through a participatory procedures according to the rules provided for in Articles 169, 170, 171 and Chapter 17 of this Code.
Clarification to the Complaint about the action of a Private Bailiff in refusing to accept an alternative assessment report
Also, according to article 169, the plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claims by submitting a written application before the completion of the preparation of the case for trial or before the court is removed to the conference room, if there is no need for additional procedural actions. A change in the basis or subject of a claim, an increase or decrease in the amount of claims may be filed after compliance with the pre-trial dispute settlement procedure, if such procedure is established by law or provided for by a contract. Simultaneous or in any sequence, a change in the subject and the basis of the claim means that the plaintiff submits a new claim and the plaintiff rejects the previously filed claim, which entails the termination of proceedings on the previously filed statement of claim. Simultaneous or in any sequence, a change in the subject matter and the basis of the claim is allowed in the case of an agreement on the settlement of a dispute (conflict) through mediation. Based on the above, guided by the Civil Procedure Code of the Republic of Kazakhstan
I ASK THE COURT:
To change the Plaintiff's surname in the civil case gr. .............., in the Plaintiff's maiden name ……
Regarding the claim for recovery from gr. .............., in favor of the plaintiff, the costs of mail services and legal services should be ignored.
In the rest of the claims against gr. .............., - leave it unchanged.
Sincerely, Proxy Representative ______________/ Sarzhanov G.T. "____"___________201.. the year.
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