Petition for the transfer of the case to the court at the defendant's place of residence
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To the judge of the district court of Bostandyk district of Almaty …………
The plaintiff: ........... 11.12.19.. born in ................. Registration address: Almaty,
Bostandyk district, md.. .............., 191 Contact phone number: 8 .............
Representative by proxy from the plaintiff: Lawyer ............. IIN ...........
city of Almaty, ............ Contact phone: 8 ………… The defendant: ........... 12/25/19... born in ………………
The petition
on the transfer of the case to the court at the defendant's place of residence
Is there a civil case pending in your case №................. on recovery of material damage and moral damage from the defendant ................ In preparation for the civil case, it was established that the defendant is currently registered and lives at the address of Zhamakaev, ... Medeu district of Almaty. This address is not under the jurisdiction of the district court of Bostandyk district. In accordance with art. 29 of the CPC RK, the claim is filed in court at the place of residence of the defendant.
Petition for transfer of the case to the court at the defendant's place of residence
In accordance with paragraph 3) of Part 1 of Article 36 of the Civil Procedure Code of the Republic of Kazakhstan: The court transfers the case to another court if, during the consideration of the case in this court, it was revealed that it was accepted for proceedings in violation of the rules of jurisdiction. According to Article 31 of the CPC of the Republic of Kazakhstan, the following fall under the exclusive jurisdiction: claims for rights to land plots, subsurface areas, buildings, including residential and non-residential premises, buildings, structures, other objects firmly connected with the land, as well as for the release of property from seizure are brought to court at the location of these objects or seized property. According to paragraph 3 of art. 34 CPC RK: statements by the parties about the jurisdiction of the case to this court are resolved by this court. A ruling is issued on the transfer of the case to another court. Court ruling on the dismissal of the application of the party(s) The non-jurisdiction of the case may be appealed to a higher court, whose decision is final and cannot be appealed. The transfer of the case from one court to another is carried out after the expiration of the time limit for appealing this ruling, and in the case of filing a complaint - after the ruling on the dismissal of the complaint.
Petition for the transfer of the case to the court at the defendant's place of residence
Based on all of the above and Articles 29, 31, 34, CPC RK,
I REQUEST: 1. To transfer the case for consideration under the jurisdiction (at the defendant's place of residence) to the district court of the Medeu district of Almaty.
Lawyer of Law Firm No. 6 Timur Rozhin__________ 21 June 2018
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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