In paragraph 1 of Art. 41 of the Arbitration Procedure Code of the Russian Federation establishes that the parties to the proceedings have the right to familiarize themselves with the arbitration case from the moment the claim is accepted for proceedings.

This right allows the parties to familiarize themselves with the case materials, make extracts from them and make copies in order to be aware of all the circumstances of the dispute and be able to qualitatively prepare a position.

To initiate this procedure, the party must file a motion to familiarize itself with the case materials.

Who has the right to familiarize themselves with the arbitration case

In accordance with the provisions of the Arbitration Procedure Code of the Russian Federation (APC RF), only the parties to the arbitration process may familiarize themselves with the case. These include not only the plaintiff and defendant, but also other persons:

• those interested or making their own claims (for example, in bankruptcy cases);
• representatives of supervisory and other state bodies, local government bodies;
• third parties, if there are grounds: witnesses, experts, legal successors of the participants in the process.

The last category must state in the petition the reasons why they need to familiarize themselves with the case. The court will make a decision.

How to file a petition for familiarization

Documents are submitted to the office of the judicial authority in person or by mail. Samples of petitions can sometimes be found on the websites of arbitration courts.

The petition must contain the signature of the applicant - the person who is interested in familiarizing themselves with the case materials in arbitration, or their representative. If available, an electronic signature can also be used. 

If a representative is involved, a document is attached to the petition on the basis of which familiarization with the case materials in the arbitration court may be permitted - a power of attorney. 

An online application can be submitted through the My Arbitrator service. You will receive an access code with which you can log in to your account and download copies of documents.

How the court provides materials for familiarization

Arbitration procedural legal relations governing the procedure for familiarization with an arbitration case are regulated by Art. 41 of the Arbitration Procedure Code of the Russian Federation and the Instructions for office work in arbitration courts.

Familiarization with a case in an arbitration court begins with the submission of an application (petition) by mail, in person or through the My Arbitrator online service. After receiving the petition, the court is obliged to review it within 5 working days and set a date for familiarization.

Some courts provide the opportunity to familiarize themselves with the case online, however, court employees do not always scan all materials received from the parties. In this regard, the most reliable way to familiarize yourself with the full volume of all case materials is to do so in person, that is, during a personal visit.

Arbitration courts have their own rules that applicants must take into account. Specific procedures may differ slightly depending on the practice of the judicial body. As a rule, the website of the arbitration courts contains detailed information on how the familiarization process takes place, in what order and according to what schedule.

For example, the Moscow Arbitration Court conducts familiarization with cases according to generally accepted instructions, but there are technical peculiarities. You can start familiarization on the 4th day after submitting documents in the designated place - a special room in the court building, and you can only get there in a live queue and at the time allocated for this according to the schedule from Monday to Friday. There is an option for electronic familiarization - through the "Court Case" service.

As a standard, after filing a petition, the court considers the application and makes a decision on granting access to the materials. In practice, it is better to additionally contact the employees of the arbitration court and clarify the status of the petition review and the date of the familiarization procedure. 

After receiving permission, the interested party can come to the arbitration court at the appointed time to familiarize themselves with the case materials in person.

The Moscow Arbitration Court appoints familiarization with the case at a certain time according to the schedule, but this does not mean that upon arrival you will be able to start immediately; in practice, you can wait for your turn for more than 2 hours. The court has a huge number of cases and people wanting to familiarize themselves with them, the workload is increased.

Familiarization with the case in arbitration excludes the possibility of seizing or replacing documents. The issuance of materials to the interested party is recorded, the applicant signs the familiarization sheet after reviewing. A record of those who have familiarized themselves is kept in the journal. Familiarization is carried out in the presence of responsible persons. If the volume is too large, the court may not provide enough time for familiarization in one day. In this case, you will have to familiarize yourself with the case in several stages, which is agreed upon with the court. 

Interested parties should remember that the Arbitration Procedure Code of the Russian Federation establishes the need for a conscientious attitude to their procedural obligations - you must comply with the established procedure. Otherwise, the claim may be returned to the applicant without consideration, left without action, fines and other measures of influence are possible.

Assistance in familiarization with the case

Familiarization with the case is not difficult, it is allowed to make copies or record materials on photo and video for subsequent study. However, this is a labor-intensive process that takes time that can be spent on more important tasks.

The process of familiarization with case materials in the Arbitration Court of Moscow and other regions can be delegated to the lawyers of the Sudohod company.

As part of the service “Familiarization with case materials” Sudohod lawyers:

• They will prepare a draft power of attorney with the necessary list of powers.
• They will independently prepare and send to the court a petition for familiarization with the arbitration case.
• They will call the court and agree on the nearest date for familiarization.
• As part of a personal visit, they will familiarize themselves with the case materials.
• They will check and, if necessary, process the case materials in a format convenient for you and provide them to you, and, if necessary, offer support in the upcoming court hearing.

Without a high-quality familiarization with the case in the arbitration court, it is difficult to win the case. This is a simple in essence, but time-consuming procedure, especially if you need to familiarize yourself with the case materials in another region.

Learn more about the service “Familiarization with case materials” you can on our website. If you already know the conditions, you can immediately leave a request, after which we will contact you to clarify the details.