Legal drafting

Writing a petition; from statutory elements to online drafting

Last reviewed: 1 مرداد 1405

The dadkhast is the document that starts every civil case: debt claims, eviction, mahriyeh, damages. The court sees your claim only through this document — a defective petition means a deficiency notice, lost time, and sometimes dismissal.

This guide covers the statutory elements, the common mistakes, and the filing path — and how Dadyar drafts a compliant, cited petition in minutes.

What a petition is and when you need one

Whenever you want something from a civil court — money, eviction, performance of an obligation, damages — the case starts with a dadkhast. It differs from a shekvaiyeh: the complaint asks the prosecution office to pursue a crime; the petition asks a civil court to enforce a right.

One dispute can carry both: a bounced cheque supports a criminal complaint and a civil payment claim. Choosing the right track is itself a legal decision.

The elements under Article 51 of the Civil Procedure Code

The law is explicit. The petition must be in Persian on the prescribed form (today, the electronic form) and contain: the names, particulars and addresses of claimant and respondent; the relief sought and its value (unless valuation is impossible); the obligations or grounds of entitlement; what you ask the court to order; the list of evidence; and a signature.

Two elements carry the case: the relief, which must be exact and unambiguous, and the grounds, which must tie to a contract, a document, or a statutory article.

Common defects that cripple a petition

A vague relief clause or unrelated claims bundled into one petition; failing to state the claim value in financial claims (both the court fee and appealability depend on it); missing the respondent's exact address, which derails service; and unattached evidence.

A defect means a deficiency notice from the court clerk with a short cure window — and dismissal if not cured. Every defect adds weeks.

Filing: the Sana system and judicial e-service offices

Before anything, you need a Sana (judicial e-registration) account — case notifications arrive there, and not seeing them is no excuse.

You take the petition and evidence to a judicial e-service office (or register the ready text there), pay the court fee and office tariff, and the case is assigned to a branch. Arriving with a precise ready text removes both drafting fees and registration errors.

Drafting a petition in Dadyar

  1. 1

    Pick the template

    Payment claim, eviction, mahriyeh, damages and many more — each with its own guided form.

  2. 2

    Answer the questions

    Enter the parties, the story and the evidence step by step; every field has its own hint.

  3. 3

    The cited text is generated

    Dadyar builds the formal text with the Article 51 elements and verified citations.

  4. 4

    Review and edit

    See the exact final document preview and adjust any part.

  5. 5

    Export and file

    Take the Word or PDF file to a judicial e-service office and register it.

Frequently asked questions

Can I file a petition without a lawyer?

Yes; in many civil claims you may act in person. In complex or high-value cases, having a lawyer review the petition sharply reduces risk — you can do that online in Dadyar.

How much are the court fees?

They depend on the claim type (financial or not), the claim value and the stage. Dadyar's court-fee calculator computes the exact amount from the official budget-law table.

Is a Dadyar-drafted petition usable in court?

Yes; the output is a formal document with all Article 51 elements, filed like any other petition at the e-service office. Final review of the content is always yours.

What is the difference between a petition and a formal notice (ezharnameh)?

The ezharnameh is a formal pre-suit demand — served on the other side, it records your demand and its date but starts no case. The dadkhast is what opens court proceedings. Dadyar has templates for both.

Related to this guide

This guide is general, statute-grounded legal information — not legal advice for your specific situation. For important decisions, consult a licensed lawyer inside Dadyar.