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suit,in law: see procedureprocedure,
in law, the rules that govern the obtaining of legal redress. This article deals only with civil procedure in Anglo-American law (for criminal procedure, see criminal law).
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the initiation of proceedings before a court, arbitrazh (state arbitration tribunal), or private arbitration board in connection with a violated or contested right or an interest protected by law. Under Soviet law, a court is obliged to accept the suit, to examine it, and to render a decision provided that (1) the plaintiff or defendant is a citizen or organization exercising the rights of a legal person; (2) the claim is within the jurisdiction of the judicial agencies, and the plaintiff has complied with the legally established procedure for the preliminary extrajudicial settlement of the dispute; (3) there is no decision that has come into legal force in connection with the dispute between the same parties concerning the same subject and on the same grounds, no court ruling accepting the withdrawal of the suit by the plaintiff or confirming a peaceful settlement by the parties, and no decision of the comrades’ court; (4) there are no records of the given dispute in the court proceedings; (5) no agreement has been reached by the parties to transfer the dispute for resolution by a private arbitration board; (6) the case is subject to the jurisdiction of the given court; and (7) the suit was submitted by a citizen who is legally competent or by a person having authority to conduct the case on his behalf. An arbitrazh is also obliged to accept the suit, to consider it, and to render a decision provided certain conditions exist (most of them coincide with the conditions of bringing a suit before a court).
The form and the content of a suit are established by law. The suit is submitted in writing, indicating the name of the court or arbitrazh before which the suit is being brought, the full names of the plaintiff and defendant, their places of residence, and other essential information. The suit must be signed by the plaintiff or by his representative, and the state tax must be paid at the time of the submission of the suit. In the statement of claim directed to the arbitrazh the plaintiff must give his reasons for declining the defendant’s arguments as they were stated in the response to the claim, in the records of the disagreement, and in other documents received from the defendant. The subject and the grounds of the suit may be changed by the plaintiff; he has the right, for example, to change the amount of the claim or to withdraw his suit.
M. P. RING