Participation in a court proceeding involves not only the preparation by the parties to the dispute of procedural documents and positions on the case, but also the submission of objections to each other’s explanations – this is regulated by Part 1 of Art. 57 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation).

Despite the fact that the Civil Procedure Code of the Russian Federation obliges the parties to send their documents to the other participants in advance, this requirement is not always met, and in order to understand the position of the other party, it may be necessary to familiarize themselves with the materials of the civil case.

Unlike arbitration proceedings, the procedure for familiarizing themselves with the materials of a civil case in court may seem complex and confusing.

Knowledge of the main nuances of this process will save a lot of time and effort, as well as avoid mistakes, since knowledge of the position of the other party will allow you to qualitatively prepare for the trial and submit written objections.

Who has the right to familiarize themselves with the case materials in court?

In Part 1 of Art. 35 of the Code of Civil Procedure of the Russian Federation establishes the right to familiarize themselves with the case for the plaintiff, defendant and third parties involved in the case.

In addition, if a prosecutor, guardianship and trusteeship authority or other state body is involved in the case (if their participation is provided for by law for a specific category of case), such persons also have the right to familiarize themselves with the case.

In certain cases, the right to familiarize themselves with the documents of the dispute is granted to experts and specialists.

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Procedure for familiarization of participants in the process with case materials

Familiarization with cases is regulated by office work instructions, however, individual procedural points can be established at the level of a specific court, therefore, in order to understand all the stages and terms of the procedure, it is worth studying in advance the procedure for familiarization established in the court in whose proceedings the civil case is.

The procedure for familiarization with a civil case begins with the submission by a participant in the process or his representative of a written petition for familiarization.

The legislation does not establish a mandatory form for such a petition, so it can be drawn up in any form. In addition, the information boards at the court offices also offer a form for a motion to familiarize themselves with the case, which can be used.

After the motion is received by the court (or if it is submitted in person), the party to the dispute can contact the judge's office employee who is handling the case by phone and agree on a date for the representative to familiarize themselves with the materials of the civil case.

At this stage, one nuance may arise: after the relevant motion is filed, the judge's office employee transfers the case materials to the court office, where the familiarization with the civil case will take place. That is, until such transfer, the participant's representative will not be able to come to court and familiarize themselves with the documents.

After filing a petition and preliminary agreement on the date of familiarization, it is worth additionally clarifying whether the case has been transferred to the office, and only after that will it be possible to come to familiarize themselves with the materials of the civil case.

A party or its representative can come to court and contact the office, whose employee is obliged to issue the case materials for familiarization, and the participant in the process has the right to view them and take photographs in the presence of an employee of the office. If the court has the technical capability, the parties may also make copies of the case materials.

After completing the review, the party to the dispute makes a note about the review in a special column in the case and (or) in the reference sheet, after which he returns the materials to the office employee.

When an appeal or cassation complaint is received by the court, the court employee is obliged to send all participants in the process a notice of filing a complaint and warn them about the possibility of reviewing the case in the civil court, as well as the complaint. He is obliged to send such notice no later than the next working day from the moment the complaint is received.

It is worth noting that some courts provide the opportunity to review case materials electronically, but this procedure is not directly established anywhere. Some courts provide materials for electronic review in the manner determined by the court chairman and only if technically possible, which should be clarified separately with the staff of the court or on the court website. Unfortunately, in most cases, the only available way to review the materials of a civil case is still a personal visit to the court.

You can also review, for example, an audio recording of a court hearing electronically, since this option is established in the office work instructions, but the procedure for such review is not defined in detail. In most cases, the audio recording is sent to the e-mail address specified in the petition for a copy. In the same way, copies of judicial acts certified by the electronic signature of the judge can be issued electronically.

In some cases, judges are willing to provide specific documents (for example, those received only for the court hearing) for review directly in the courtroom, but this practice is rather informal.

What documents should you have with you?

To confirm their right to review, the party or its representative must confirm their status as a participant in the dispute.

If an individual, being a plaintiff, defendant or third party, wishes to review the case, confirmation of authority is carried out by presenting a passport for review by an employee of the court office.

In addition to the passport, the representative must also show the original power of attorney from the participant in the process.

Similarly, a representative of an organization shows his passport and power of attorney, and the general director of the company shows documents confirming his authority (an extract from EGRUL, appointment order, etc.) instead of a power of attorney.

We can help you
Considering the large number of nuances in the procedure for familiarization with case materials in a court of general jurisdiction, it may not be easy to understand all the intricacies on your own, because the procedure for familiarization may differ dramatically depending on the court.

The familiarization procedure may also be complicated by the location of the court in another region - in this case, you may face significant time and money costs.

Sudohod lawyers interact daily with courts of general jurisdiction at various levels (magistrates, district, city, regional, etc.) and are ready to provide support in familiarization with civil case materials. Sudohod employees are present in almost every region. 

To order the service “familiarization with case materials”, as well as to find out about the cost, terms and procedure of work – fill out the form or contact us in any way convenient for you.

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