No wonder the word "summons" is associated with court and trouble. Although the summonses are of various types, issued by various authorities and may not be the cause of some changes personally for the recipient (witness), nobody wants to come across them. To minimize excitement, it’s worthwhile to understand: what is a subpoena and what are the actions after receiving it.
The agenda
Agenda - a document that recommends or obliges the addressee to appear at a specific time at a specific institution.
A citizen can come to a subpoena, police or military registration and enlistment office. It can be transmitted personally by signature or by mail. Some courts are now using the SMS subpoena. Information relating to the case under consideration is sent to the telephone numbers of the participants in the process. This saves time for presenting and receiving a traditional subpoena. Courts that use innovative technology, on receipt, accept the consent of the participants in the process to send SMS messages. Of course, not every court case participants can be invited in this way, and whether this practice will be further extended is not known. It is worth noting that the subpoena, a sample of which will be provided below, differs from the subpoena to the investigator or to the military registration and enlistment office.
If the document is binding, then the non-appearance of the addressee will be accompanied by sanctions.
Subpoena
A subpoena is one of the most common, since there are plenty of reasons for calling: divorce, deprivation of rights, crime, offense, etc.
The court may send a “notice” (for participants in the case) or a “call” (for witnesses, experts, translators), in any case this is a subpoena. A sample document will contain information:
- about the addressee (to whom it is directed, as whom is invited);
- about the case (number, place and time of consideration);
- name of the state body that sent the summons;
- list of sanctions in case of no-show;
- recipient signature spine.
It is strongly recommended that all summons and envelopes be retained until the end of the trial.
Family matters
All families are equally happy, each unhappy family is unhappy in its own way. Unfortunately, and in some cases, fortunately, divorces happen even where the wedding was for love. Divorce is always an unpleasant event, leaving a bitter aftertaste in the souls of both, even if it passed peacefully and by mutual desire.
They can divorce a couple in the registry office, if they have no complaints against each other and common minor children. The procedure is simple and fast enough. It is necessary to provide applications (one of the parties can do this by providing a certified signature of the partner), passports, the original marriage certificate and a receipt for state payment. duties. A month later, ex-spouses may appear in the registry office to receive divorce certificates.
More often in Russia, divorce through the court is practiced. If there are property disputes, minor children, or one of the parties does not want to get divorced, documents for divorce must be submitted immediately to the magistrate court at the place of registration or permanent residence. Together with the application, you must provide: passport, marriage certificate, birth certificate of the child, a receipt for payment of state. duties, an application for the division of property and an application for the recovery of alimony. Documents will be checked by an employee and, if additional ones are required, will be notified.
Divorce procedure starts from the day of filing the documents. The date of the meeting of both spouses will be notified by subpoena for divorce.If the defendant does not appear in court twice without good reason, a decision may be made in his absence. But the court can set aside time for reconciliation of the spouses for up to three months. If after this time the situation has not changed, the spouses will be divorced. Divorce proceedings quite long and emotional, often pass with the participation of lawyers.
Judicial disqualification
The rights of one person end where the rights of another begin. This expression can be considered the starting point in many lawsuits. What rights can be deprived in court: parental, driver’s, engage in certain activities.
The decision of the court on the deprivation of rights is the result, the completion of the process (if no appeal follows), which was preceded by a violation and proceedings.
Please note: deprivation of any rights (including a driver’s license) can only take place in court. No car inspector, police officer, representative of a state body or board of trustees has the right to independently make such a decision. After receiving the summons, if you decide to fight on your own, you need to collect all the documents (photos from the place of violation, recording a conversation with the inspector, etc.) and go to the meeting.
Even if a subpoena has arrived, deprivation of rights as a punitive measure is not always applied. It can be avoided, this will require the help of a competent lawyer. Of course, it all depends on the situation, but you always need to fight for your rights.
By the way, the inspector has the right to withdraw rights on the spot, having written out the protocol and issued temporary ones. But later, the offender must receive a subpoena, where in case of victory, the rights will be returned immediately. The traffic police inspector cannot issue a subpoena on the spot at the time of granting temporary rights: he does not have enough authority for this.
From the bank to the courtroom
A few decades ago, loans caused misunderstanding and horror among Russians, but today almost every second family used it at least once. Various situations occur in which the borrower becomes a debtor. Sooner or later, the bank will demand to return what you took from it, plus interest and penalties. If a loan subpoena has arrived, the beneficiary needs to start preparing for the process as soon as possible.
You must make sure that the bank has really filed a lawsuit. Perhaps the calls and SMS from the bank is a measure of the impact on debtors. When a financial institution goes to court, the debtor receives a summons with a copy of the claim. Then you need to raise all the payment documents for this loan, including the contract. Compare them with the claim in the lawsuit. Pay off the debt if you agree and there is such an opportunity. To appear in the courtroom for a meeting. If the situation is not so simple and the requirements of the bank are excessive or unacceptable for you, it is recommended to seek qualified legal assistance.
There was a violation of the law, no subpoena
As soon as the court has a reason to summon the offender, the defendant triggers a saving instinct, and the thought creeps in to ignore the challenge. Failure to appear in court is only a protracted process. If the defendant was duly notified and did not appear twice in the courtroom, the judge may consider the case without his participation. Remember: the court will not be canceled at all! Sooner or later he will be - with or without you.
In some cases, the court may order the defendant to be brought into the courtroom by the competent authorities.
By the way, the employer cannot prevent you from appearing in court. He is obliged to release the employee on that day, but no one can oblige him to pay his salary for that day.
If the trial took place in your absence, a copy of the decision can be sent by mail or you can get it in court.
But what if the subpoena did not come? As practice shows, there are situations when the defendant did not appear in court because of the absence of a subpoena, and the decision was made in his absence. In this case, it is necessary to appeal the court decision. A month is given to appeal the decision.
Instructions for action after receiving a subpoena
If a subpoena arrives, the recipient must:
- Calm down and think about the problem well.
- You can go to the office if you have questions or not all documents have arrived (for example, there is no claim).
- Collect relevant documents (checks, agreement, additional agreements, certificates, certificates, photographs, etc.).
- The first meeting will be fact-finding, but a decision can already be made at it, so you need to be prepared.
- If you intend to independently defend your interests in court, you should familiarize yourself with similar lawsuits and court decisions.
- If you are not very knowledgeable in the legal field, you should resort to the services of consultants: free or hired lawyers. The outcome of the case largely depends on the professionalism of the defender.
- Come at the appointed time to the meeting. Remember: visiting the courtroom is only possible with a passport.
- Be attentive and polite at the meeting.
