If all parties to the trial are duly notified of the meeting, but have not appeared at it, the court has the right to consider the case without the participation of the absent party. In turn, the parties to the process have the right to file a motion to postpone the hearing if there are good reasons for this.
Possible good reasons
The legal basis for adjournment of the meeting is covered in article 169 of the Code of Civil Procedure. And the consequences of failure to appear are prescribed in Article 167 of the Code of Civil Procedure. Thus, when drawing up a motion to adjourn a court session, these articles should be relied on. Good reasons include:
- hospitalization or a serious illness that does not allow you to be in court on the appointed day and time;
- business trip, urgent and urgent, which requires the personal participation of the participant in the trial;
- too late to receive notice of the hearing and, as a result, the party did not have time to prepare for the hearing;
- extraordinary circumstances, which include accident, fire, and so on;
- death of close relatives;
- urgent need to care for a loved one, for example, a child or a disabled person.
These reasons can be attributed to the main ones that most often appear in applications for adjournment of the court session. Supporting documents must be attached to the petition.
Other reasons
Even if all participants in the process appear in court, this does not mean that the meeting will be held. At the level of legislation, a number of reasons have been established when a judge decides to adjourn a meeting:
- if a counterclaim is brought;
- if the mediation procedure has begun;
- if there is a need to consider additional evidence;
- amendment of claims.
However, it should be borne in mind that these grounds are not indisputable and the judge has the right to make another decision. The main thing is for the judge to be sure that these reasons will not interfere with the consideration of the case in essence.
The timing
It is not recommended to file a motion to postpone the hearing on the day of the hearing. Such requests must be made in advance so that the court can familiarize themselves with them and make a decision. It is not worth filing a petition through the post office, as it is not known exactly when it will go to court or whether it will be received at all. It is best to pass the petition through the registry of the court.
In cases where one of the parties is simply not ready for a debate, it is better to tell the judge about this and ask orally for a postponement. You can justify your request by the fact that no answers are received to the requests or the expert does not answer on a specific issue.
In any case, a petition may be filed at any stage of the trial.
General requirements
The petition for the adjournment of the court session in connection with the illness or death of a loved one, for other reasons, is made according to the general rules adopted in the business document.
Document Content:
- The name of the court.
- The name of the applicant, indicating the status in the trial.
- Title of the document: “Request for adjournment of the court session” and details of the case.
- Reasons to postpone the hearing.
- The petition itself.
Date of compilation, signature of the applicant and F. I. O.
In general, the procedure for compiling such a petition should not cause any difficulties. The document can be compiled on a computer or written by hand.
Sample application for adjournment of the hearing
It is recommended that the petition be transmitted through the registry of the court, at least a few days before the hearing. You should not send such a request by mail, as it may not arrive on time.
The following example of writing a petition can be taken as a basis:
In court ... district ... city
Applicant details: plaintiff, defendant or third party
The motion to adjourn the court hearing on ... the details of the court case ...
The court ... of the district ... is considering a lawsuit ... F.I.O. to the defendant ... F. I.O. ... a brief summary of the claim.
The hearing is scheduled for .... date…. time. The time of the meeting was notified within the time limit set by applicable law. However, I do not have the opportunity ... reasons are indicated ... to appear on this day in court.
I can take part in the hearing after ... date ..., indicating the rationale, that is, why exactly after this date.
Based on the foregoing and guided by Article. 167 Code of Civil Procedure of the Russian Federation,
I beg:
- To adjourn the court hearing in the case ... the details assigned to .... date ... until ... date.
- Notify me of the time and date of the next meeting at: ... address ..., phone number ..., other contact details.
Applications
Date, signature, F.I.O.
The procedure for considering the petition
After receiving the application for adjournment of the court session, the judge considers it and makes a decision. If the petition is considered directly at the meeting, then the judge reads it out, listens to the opinions of the parties present and issues its verdict.
The process for examining an oral application in court goes the same way. The petition is recorded in the minutes of the meeting. The applicant is obliged to provide supporting documents for the validity of the postponement of the meeting at the next meeting.
If the reasons for the adjournment of the hearing to the judge seem unreasonable, then he has the right to refuse.
Present participants in the process have the right to make other requests, which will be considered at this meeting. The main thing is to submit a petition before the meeting closes.
If the request for postponement is granted, then the case is not considered, and in the determination the judge indicates a new date for holding.
In cases where a preliminary meeting is scheduled, it is not recommended to postpone it. At such meetings, issues such as the appointment of an examination or the involvement of a specialized specialist, that is, issues that take a lot of time to resolve, are usually resolved. Therefore, it is rational to draw up a power of attorney to an authorized person and send it to a preliminary meeting.
Conclusion
An application for adjournment of the court session (the sample is given in the text) must necessarily be documented. If we are talking about the illness of the applicant or a close relative, it is necessary to provide a medical certificate, an opinion.
If an unforeseen situation occurred immediately on the day of the meeting, for example, the party to the dispute became a party to an accident, then it is better to inform the judge or his assistant by telephone and verbally file a motion. Subsequently, at a new meeting, it is necessary to confirm your words with documents.
If a counterclaim is filed or a new defendant is involved, it is not necessary to separately file a request for adjournment of the hearing; such a request is included in the statement itself.
You should always remember that the adjournment process is only a judge’s right, but not an obligation. If he considers that the applicant is not required for an objective review of the case, he will hold a meeting without the absent party.