When and by whom is the petition filed for consideration of the case in the absence of the plaintiff? What does the document look like and how to file it in court? What consequences arise if the plaintiff or his representative does not attend court hearings? How does the law answer these questions?
The order of the proceedings
The application to the court is submitted either by mail, or in person by the plaintiff or his representative. Now, electronic services have been added. However, the proceedings are ensured in the presence of the parties or their representatives.
If they are absent, the consequences prescribed by law occur. If the plaintiff does not attend meetings twice in a row, the case shall be terminated. If the defendant is absent two times in a row, an absentee decision is issued. Moreover, it does not matter whether or not a statement was sent on his behalf on his behalf.
How to justify your absence
A motion to consider the case in the absence of the plaintiff is filed with them so that, as noted above, the case does not stop. A person has the right to refer to family circumstances, a business trip, illness (placement in a hospital matters), information about the date of the meeting reached the plaintiff late (for example, a day or two days and there is no way to be in time on time).
The circumstances referred to by the applicant should be documented.
It is important for the judge to have evidence that the participants received the summons or that they refused to receive it. Otherwise, in the future, the decision will be canceled due to the rules of due notice, in particular, of the plaintiff.
If the presence was not planned initially
In some cases, especially those considered by justices of the peace, lawsuits are filed for formal reasons. For example, the termination of marriage by mutual consent, but with minor children.
Other matters are more complicated, but the whole complex of evidence is presented there, and the appearance also does not make much sense. The petition for consideration of the case in the absence of the plaintiff is submitted either together with the claim, or fits directly into its text.
However, the judge will forward the summons anyway. And then the applicant must again write a statement of consideration in his absence.
How to apply
The document is sent either by mail, or personally transmitted to the court registry. A copy of the application shall include the incoming number and signature of the receiving secretary, if submitted personally.
Using mail services, it is advisable to send letters with a notification and a description of the attachment. The first does not allow the letter to get lost, the second - to assert that there was nothing in the envelope or there was, for example, only an empty sheet of paper.
Incidentally, this right is also enjoyed by representatives who, for some reason, cannot appear in court at the appointed time.
Those who do not have the skill can use the sample petition for consideration of the case in the absence of the plaintiff. Most often, a similar form is placed on a stand in the office of the court.
How to apply
Writing occurs as follows:
- name of the court or world plot number;
- surname and initials of the judge;
- information about the defendant and the plaintiff;
- the name of the document - a statement on the consideration of the case in the absence of the plaintiff (you can restrict yourself to the statement);
- date and time of the meeting;
- an explanation of the reasons why the plaintiff cannot appear;
- date and signature;
- copies of attached documents.
If a single meeting is planned, it will not be superfluous at the same time to ask the court to send a full decision with a motivation part to the plaintiff.
The requirements for the application form for consideration of the case in the absence of the plaintiff are minimal.If only the essence of the request and the rationale were clear from the document.
Finally
The main reason for the court to inform about the failure to appear for the plaintiff is the risk of dismissal, which is especially serious if the application is filed in the last days of the limitation period.
The application is submitted in a simple form, you only need to write a few lines.