Filing a Lawsuit: Drafting and Submission of a Statement of Claim

Through the statement of claim, the plaintiff initiates legal proceedings, requesting the court to render a decision in their favor. The statement of claim is a procedural document that establishes the framework for the civil litigation proceedings, outlining the parties involved and the procedural context. It serves as the plaintiff's first interaction with the judge who will adjudicate their case, setting the standards for the upcoming legal proceedings. On Docs & Deeds you can find professional template court motions for the most common procedures.

Is it written in the statement of claim?

Is there a standard form for a statement of claim in Romania?

No, there is no legally imposed template or format for a statement of claim. The plaintiff has the freedom to present their arguments and evidence in a manner they deem appropriate to convince the judge that justice is on their side.

The key to a well-written template statement of claim lies in the ability to present facts and legal arguments in a logical and comprehensive structure. This ensures that the judge understands the plaintiff's position effortlessly.

Statements of claim lacking logical coherence, with poorly organized arguments, and lacking necessary explanations regarding the factual situation and the evolution of the relationship between the parties pave the way for a lost case. This can happen even when the plaintiff is technically ”right” because judges are neutral parties to the relationship between the involved parties.

Don’t go to the other extreme. A statement of claim with excessive content, arguments repeated in various forms, or additional information unrelated to the specific case may yield the same result. No one wants to spend their time reading 50 senseless pages, and neither does the judge because of you. Therefore, streamline the paragraphs in the statement of claim, ensure that you do not repeat information, and eliminate references to legal practice or doctrine (i.e., opinions from legal specialty books) that have no connection to the case or are purely theoretical.

For some judicial procedures of low complexity, the Civil Procedure Code or other laws propose a standard format for a statement of claim, which can be useful for plaintiffs managing their own litigation without hiring lawyers. This is the case, for example, with low-value claims for the recovery of certain debts or applications for public legal aid.

The suggested models for statements of claim (where they exist) are helpful in meeting the necessary formal requirements and assist the plaintiff in avoiding the rejection of a claim as inadmissible. However, we would not use them in our own process. In most cases, they have relatively deficient content, which should be clarified by the plaintiff to obtain a properly argued statement of claim. Anyway, rather than using random models, it’s better to use official templates suggested by the law or various state institutions.

Why is the content of the statement of claim important?

In civil litigation, the plaintiff is solely responsible for formulating the statement of claim and managing the evidence to support their position. Unlike criminal proceedings, where prosecutors and the investigation police gather objective evidence, in civil cases, each party uses their own weapons.

A well-written and evidence-based statement of claim is the plaintiff's most efficient weapon. It is the first contact with the judge - first impressions matter not only in everyday life but also in the legal filed. By reading the content of the statement of claim, the judge establishes the nature of the dispute, the plaintiff's demands, and the procedural steps to be taken. The judge's expectations regarding the defendant's defense are also shaped by the arguments presented in the statement of claim.

Should the plaintiff identify all parties?

Yes, the statement of claim should contain a clear identification of the parties involved in the process, especially of the defendant. The full names and addresses of the parties are essential elements to avoid confusion during the proceedings.

Special situations may arise when the plaintiff does not have complete information about the defendant. In such cases, the plaintiff should provide sufficient details for the defendant to be identifiable. In rare cases, the defendant might not be determined yet, and the plaintiff in such a situation should provide the information they possess and may seek the court's assistance.

Background and facts

The plaintiff should clearly and comprehensively outline the facts that led to the initiation of the dispute. This includes the chronology of events, the conduct of the parties, and the specific event that triggered the legal proceedings.

If there is a contract between the parties, the plaintiff should narrate how the parties performed their obligations before the initiation of the legal proceedings. If the triggering event was an external action (a tort), the statement of claim must indicate the circumstances in which it occurred and its consequences. A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts of law impose liability.

Head of claims in a template court motion

The plaintiff must explicitly specify what they are requesting from the court. These requests are called ”heads of claim” and together they form the subject matter of the legal action. There can be principal, accessory, and incidental claims.

Principal claims are those that stand alone and can independently form the subject of litigation. They can be resolved by the court independently.

Accessory claims are dependent on the decision of another claim, either principal or incidental. Examples include requests for restitution to the previous state before the conclusion of a canceled or terminated contract..

Incidental claims are those where parties or, in some cases, even third parties, add or modify claims previously made in the process or the procedural framework. Incidental claims are formulated separately from the statement of claim. In most cases, incidental claims are still principal claims but formulated in a proceeding already initiated. The most common incidental claims involve expanding the procedural framework regarding parties (e.g., when additional parties are summoned alongside the defendant, or when certain third parties decide to intervene in the process to protect the rights of one party) or modifying the initial claims in the statement of claim, or recovery of legal expenses.

Burden of proof in court motions

In law, what you cannot prove does not exist. The statement of claim must be supported by relevant evidence and documents that confirm the plaintiff's assertions. The plaintiff must list all the evidence they will use to support their claims in the statement of claim. Failure to adhere to this rule may result in the subsequent sanction of the plaintiff's inability to administer certain evidence.

Common mistakes when filing statements of claim include forgetting to provide the names and identification details of witnesses, omitting to annex the cross-examination forms of companies, failing to request technical expertise where applicable, or not indicating the probative theses (i.e., the facts that each proof will demonstrate).

Submission of the statement of claim

The statement of claim must be written. Traditionally, the plaintiff files the statement of claim with the court's registry or sends it by registered mail, along with attachments (evidence), receipt for payment of the court fee, and the power of attorney if a lawyer is appointed. Due to pandemic preventive measures limiting physical interactions, statements of claim are increasingly being submitted via email in electronic format.

The statement of claim must be filed in an original number of copies equal to the number of opposing parties, along with an additional copy for the judge. Copies for opposing parties are typically communicated to them by the court, usually by mail or email.

After filing the statement of claim, the dispute is assigned a docket number and is registered on the official portal of the courts in Romania. This portal allows anyone to follow the progress of any litigation. Recently, most courts have introduced an electronic docket, containing scanned copies of all documents submitted by the parties and procedural acts in the case (including a copy of the statement of claim and the response). Access to the electronic docket is generally allowed only to the parties involved, following an express request approved by the court.

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Docs & Deeds provides templates for statements of claim for the most common lawsuits, such as complaints for minor offenses, recovery of debts or registration of claim in insolvency procedure. Use them with confidence as they contain alternative arguments and instructions to adapt them to your situation. In our template statements of claim, we have included references to court practice from similar cases and expert opinions in the field. If you still need a personalized statement of claim, contact us for legal assistance through a lawyer.