If it is impossible to appear at the court hearing for some reason, file a petition to postpone the court session. You should not count on the fact that if the person summoned to the court session does not appear, the court itself will make such a decision. It is likely that the court will consider the receipt of a judicial notice by such a person sufficient. Conducts a court hearing and can make decisions on the case.
Postponement of a court hearing is possible only if there are good reasons. Any person participating in the case has the right to file a request for postponement by filling out an application and attaching documents confirming the reasons for failure to appear.
We recommend that you attend all court hearings in person. The court can make a decision, and those who do not appear will be deprived of the opportunity to express their position and influence the decision on the case.
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Request to postpone the hearing
Grounds for adjourning a meeting
The legal grounds for postponing a court hearing are established in Article 169 of the Code of Civil Procedure of the Russian Federation. The consequences of failure to appear in court are specified in Article 167 of the Code of Civil Procedure of the Russian Federation. These are the rules that should be followed when preparing a motion to postpone a court hearing in a civil case.
Postponement of a court hearing in case of failure to appear
The duty of the court is to notify the participants in the case, but the court will not ensure their appearance. He will only establish the reasons for non-appearance. And on this basis he will decide on the possibility or impossibility of considering the case in the absence of these persons.
Thus, if a citizen wishes to participate in a case and is interested in the results of its consideration, he must inform the court about the reasons for his absence. If there are good reasons, he has the right to file a motion to postpone the consideration of the case.
Valid reasons for failure to appear at a court hearing:
- illness, hospitalization, or health condition that objectively prevents participation in a court hearing;
- business trip, urgent call to work on an urgent matter requiring the personal presence of a person participating in the case;
- emergency circumstances with the personal participation of a person involved in a civil case (fire, crime, road accident, accident);
- the need for urgent participation in caring for a family member under care (child, disabled person, elderly parent).
These are the main reasons that can be cited as grounds for postponing a court hearing. Their list is not closed, other reasons are possible, the degree of their respect in any case will be assessed only by the court hearing the case.
Other reasons
A court hearing may be postponed not only if one of the participants in the case fails to appear. Even with 100% attendance, the court may postpone the hearing for reasons established by law.
Reasons for postponing the court hearing under the Code of Civil Procedure of the Russian Federation:
- filing a counterclaim;
- the need for additional evidence;
- attracting new persons to participate in the case (involving a co-defendant, third parties);
- changes in claims;
- technical problems, incl. with a video conferencing system;
- failure of the representative to appear for a valid reason (the petition is prepared by the principal);
- application of mediation procedures, judicial reconciliation, etc.
If these reasons exist, the court almost always postpones the consideration of the case. However, it should be borne in mind that the listed reasons are not indisputable grounds for deposition. The court may, after listening to the opinions of the parties and making sure that the presence of such reasons will not interfere with the objective consideration of the case at a given court hearing, decide to continue the trial.
What is a motion to adjourn a meeting in simple words and legal language?
The preparation and presentation of petitions in civil proceedings is included in the main set of powers of the plaintiff, defendant, their representatives, and other parties. The essence of the petition is a request addressed to the court. In order for this request to be considered and satisfied, it must be justified and supported by evidence.
Postponement of court hearings is permitted in the following cases:
- if the case does not contain information about the notification of the parties (for example, if a delivery notice has not yet been returned from the post office or about the impossibility of serving a letter with a summons);
- if one of the parties did not arrive on the appointed day according to the summons, and the judge considered it impossible to hear the case in his absence;
- if the plaintiff, defendant or other person filed a petition and confirmed the validity of the failure to appear;
- if the court needs to involve other persons in the process, request evidence, wait for a response to requests;
- in a number of other situations according to the Code of Civil Procedure of the Russian Federation.
Postponement of hearings is possible only within the general period of consideration of the civil case. In district courts this period is 2 months, and in magistrates it is 30 days. In practice, for good reasons, the court may go beyond the specified time limits, justifying their extension.
Find out more Petition to call witnesses: how to draw up, sample
A petition to adjourn a meeting is an official procedural document. The court will consider it according to the general rules of the Code of Civil Procedure of the Russian Federation and issue a ruling. All petitions must be filed in the case materials and are available for review. When considering petitions, each participant in the process can express their opinion on the essence of the request, including presenting objections.
Regulatory acts for filing an application
When filing applications, you must refer to the procedural norms of the Code of Civil Procedure of the Russian Federation. Typically these will be the following articles:
- Art. 167 of the Code of Civil Procedure of the Russian Federation - regulates the consequences of the parties’ failure to appear, as well as filing requests for a transfer;
- Art. 169 of the Code of Civil Procedure of the Russian Federation - determines the procedure for postponing the case and notifying the parties of a new date for the trial.
In practice, courts are loyal to petitions drawn up without any reference to articles of the Code of Civil Procedure of the Russian Federation. The main thing is that the text of the document describes in detail the circumstances for which the applicant requests to postpone the meeting. It is also necessary to provide evidence referred to in the application.
How to file a motion to adjourn a civil case
When drawing up a petition to postpone a court hearing, you should be guided by the general rules for preparing documents in court. Additionally, this document indicates the reasons for postponing the case.
Contents of the request for adjournment:
- name of the court in which the case is heard
- Full names, addresses and telephone numbers of the participants in the case
- name of the application - Petition to postpone the court hearing or Petition to postpone the civil case
- reasons for inability to appear at the court hearing at the time appointed by the court
- request to postpone the consideration of the case
- date and signature
- evidence of valid reasons for failure to appear in court
Filing a petition to the court
It is better to prepare a request for adjournment in advance, taking into account the possibility of it being received by the court before the hearing of the case. The petition must be accompanied by documents confirming the justification for failure to appear and/or inability to participate in the court hearing.
The petition must be submitted in writing. If the situation arose directly on the day of the court hearing, you can file a petition orally by telephone. Or send it through a proxy without attaching written evidence. In this case, you need to indicate to the court how it can check the validity of the reasons for failure to appear (indicate the hospital number and full name of the doctor, details of the police officer, etc.). Then you will need to submit written documents at the next court hearing.
In some cases, instead of a petition to postpone the court hearing, it will be correct to draw up a petition to postpone the consideration of the case. This is done in cases where the court is asked to change the date or time of the court hearing.
Note! Request to postpone the hearing
If there are reasons for adjournment established in the Code of Civil Procedure of the Russian Federation, it is not necessary to prepare a separate written request for adjournment. You can reflect the request for postponement in the document itself or state it orally, at the stage of resolving this issue in court.
Break in the consideration of the case
A break differs from adjournment, as it is a short-term measure.
It may be announced in connection with familiarization with the case materials and for other reasons. A break is taken at the initiative of an official or at the request of one of the parties. The judge may consider other civil or administrative cases during this time. After the end of the break, the review continues from the moment it was interrupted. No rehearing or other procedural steps are required.
Suspension of proceedings is different from adjournment and adjournment.
Its grounds are (Article 215 of the Code of Civil Procedure of the Russian Federation):
- death of a citizen;
- recognition of one of the participants in the process as incompetent;
- emergencies;
- appeals to the Constitutional Court.
Proceedings are suspended if the case cannot continue to be considered without a related decision being made in another instance.
Consideration by the court of a petition to postpone the court hearing
The request for adjournment is considered by the court at the same court session. The court reads the petition, examines and reads out the documents presented, and listens to the opinions of the persons who appeared at the hearing.
Based on the results of the consideration, the court makes a ruling. If the request for adjournment is denied, the court continues to consider the case.
If the request is granted, the court issues a ruling to postpone the court hearing to another day, and indicates the date and time of the next trial. This notifies all persons involved in the case by judicial notices in accordance with Article 113 of the Code of Civil Procedure of the Russian Federation.
When a court session is adjourned, the court does not consider the case on its merits, does not hear explanations from the persons participating in the case, does not examine evidence and does not question witnesses. However, the court may resolve other existing petitions of the participants in the case, the main thing is to submit them before the closing of the court hearing.
Reasons for refusal
The court may refuse to adjourn the hearing on the following grounds:
- The interested party did not provide convincing arguments.
- Supporting documents are invalid.
- The meeting may be held without the presence of a citizen.
Proceedings are postponed until another case is considered only for valid reasons. They can arise both from one of the interested parties and from the judge making the decision. Based on the results of consideration of the petition, a reasoned determination is made.
If the judge rejects the application, the citizen is notified of this in writing. The determination cannot be appealed to a higher authority. However, a citizen has the right to submit a new petition to change the deadlines and present more convincing arguments.
The court hearing is postponed if one of the interested parties is absent for a valid reason. A citizen can independently file a petition to change the date if he cannot personally attend the hearing or send a representative.
The judge will postpone the consideration of the case or leave it unchanged if he considers the arguments presented unconvincing. The legislation specifies cases when an official independently postpones a meeting when new circumstances arise. Postponement of the trial of a case differs from the interruption and suspension of a judicial dispute.
Sample request to postpone a court hearing
We suggest using the provided sample petition to postpone the court hearing. fill it out. indicating your information. The sample petition can be downloaded and retyped or written by hand.
In ___________________________ (name of the court) Plaintiff: ____________________ (full name, address, contact numbers and e-mail)
Defendant: _____________ (full name, address,
contact numbers and e-mail)
within the framework of case No. ______
Request to postpone the hearing
Civil case No. ______ is being processed by _____________ (name of the court) on the claim of __________ (full name of the plaintiff) against _________________ (full name of the defendant) about _____________ (essence of the claim). The court hearing in the case is scheduled for “___”_________ ____ at ____ hour. ___ min.
The applicant was notified of the time and place of the court hearing. However, I am not able to appear in court to participate in the court hearing for the following reasons: _________ (indicate valid reasons for the impossibility of participating in the court hearing).
I will be able to participate in the court hearing after “___”_________ ____, when _________ (indicate when the applicant will be able to participate in the court hearing, for what reasons this period is necessary).
Based on the above, guided by Article 167 of the Civil Procedure Code of the Russian Federation,
Ask:
- Postpone the court hearing _________ (indicate the number of the civil case, full name of the plaintiff, defendant, the essence of the stated requirements) for a period not earlier than "___"_________ ____.
- Notify me of the time and place of the next court hearing _________ (indicate a new address if the applicant is not at his home address; telephone number to which notice can be sent; email address).
List of documents attached to the application:
- Notification of sending (delivering) a copy of the application to the participants in the case (if necessary)
- Documents confirming valid reasons for failure to appear at a court hearing
Date of application “___”_________ ____ Signature of the applicant: _______
petitions (applications):
Request to postpone the hearing
Is it possible to do without a petition?
If you find out that it is impossible to appear the day before the hearing, or for other objective reasons you do not have time to file a petition, I still recommend notifying the court. This can be done by calling the secretary of your case, or through the office of the judicial institution. You can find out your phone number through the State Automated System “Justice”, or through the procedural documents in your case (for example, the phone number is always indicated in the summons).
Courts also accept petitions via email. If you have an electronic signature, this type of request will have equal legal force as a written document. Even in the absence of an electronic digital signature, the court will definitely take into account the reasons for failure to appear that you refer to. However, when participating in the next meeting, you must provide the evidence that you provided in your oral or electronic appeal.
