Litigation and procedure

Statement of claim (petition)

The fundamental procedural document initiating a lawsuit, setting out the claimant's demands, the underlying facts and the evidence.

All terms

The statement of claim shows what the claimant asks of the court, the facts relied upon and the evidence intended to prove them. The lawsuit is deemed filed upon the petition's registration with the court.

The statute lists its mandatory content: the court's name, the parties' identity and address details, the subject and value of the claim, the facts set out under numbered headings, the evidence, the legal grounds, a clear prayer for relief and a signature. Leaving the relief vague or narrating the facts incompletely creates problems that are hard to cure later, since the proceedings are in principle confined to the facts and relief pleaded.

The judge grants time to remedy missing elements, failing which the case may be deemed never filed. Because adding facts later requires the opponent's consent or a formal amendment, the drafting of this petition largely determines the fate of the case.

Statutory basis

  • HMK m.119

The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.