New edition of Art. 253 Code of Criminal Procedure of the Russian Federation
1. If the trial is impossible due to the failure of any of the summoned persons to appear at the court hearing or due to the need to require new evidence, the court issues a ruling or order to postpone it for a certain period. At the same time, measures are being taken to summon or bring in persons who did not appear and to demand new evidence.
2. After the resumption of the trial, the court continues the hearing from the moment from which it was adjourned.
3. If the defendant has disappeared, except for the case specified in part four of this article, as well as in the case of his mental disorder or other serious illness that excludes the possibility of the defendant’s appearance, the court shall suspend proceedings against this defendant, respectively, until he is found or recovered and continues judicial proceedings. proceedings against the remaining defendants. If a separate trial prevents the consideration of a criminal case, then all proceedings on it are suspended. The court issues a ruling or order to search for the fugitive defendant.
4. If there are grounds specified in part five of Article 247 of this Code, at the request of the parties, the trial is conducted in the absence of the defendant. The court issues a ruling or resolution regarding the conduct of the trial in the absence of the defendant.
Grounds for postponing trial
By virtue of Art. 169 of the Code of Civil Procedure of the Russian Federation, a meeting can be postponed to another date, not only in case of failure to appear in court . There are a number of additional reasons for such a step.
For example, the defendant puts forward counterclaims regarding the subject of the dispute. Then the original plaintiff is given time to file objections and new materials to substantiate his position. It is also possible to postpone the hearing if there are compelling reasons.
Reasons for postponing the court date:
- replacing an inappropriate defendant, attracting new participants to the case;
- appointment of examination and other procedural actions;
- the need to request and present new evidence;
- the occurrence of failures in the technical means of recording the progress of the meeting.
Transfer is provided when the grounds or subject of the claim change. The above also applies to adjusting the amount of claims put forward up or down.
The Civil Procedure Code gives the parties the opportunity to use one of the provided conciliation procedures. In such a situation, the case is postponed for up to two months. When the dispute concerns divorce, the court, in accordance with paragraph 2 of Art. 22 of the RF IC has the right to give spouses a period for reconciliation - an additional three months to think about it.
According to Part 3 of Art. 169 of the Code of Civil Procedure of the Russian Federation, when the proceedings are resumed, the process continues from the moment at which it was stopped. Evidence previously examined by the court is not re-examined.
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The exception is when the defendant is replaced or third parties enter the case - a bank, other creditors, close relatives. In this case, for example, a filed claim for divorce with division of property and all materials are considered from the very beginning.
How to inform the court about the impossibility of appearing?
- Telephone method from ligature , just call and your call should be recorded as a telephone message. The call should be addressed to the judge who is considering your case. If you do not know the judge’s phone number, you can find it on the court’s website or by finding out this information in the court office.
- Fax – sending your request to the court by fax. To do this, it is necessary that the court office receive a fax from you and transmit the appeal to the judge. Be sure to check with the court office staff about the readability of what you received; if the fax did not go through, try again.
- Mail. You can send a written request to postpone the case describing the reasons for not appearing by regular letter, but we recommend that our clients use registered mail in correspondence with the court, or even better, a letter with an inventory containing an accurate description of the contents of the envelope.
- Express delivery . More effective than mail - a written and reasoned petition is sent to the court. We cite the speed of delivery as an advantage in terms of efficiency, since sometimes every day is important, and Russian Post has regulated deadlines for delivering correspondence, which will not always satisfy your needs.
- Internet networks. Sending an email to the court's email address indicating the name of the judge, the date and time of the hearing and the reason for non-appearance. This method of notification has become new for persons applying for judicial protection, but no less prompt.
- Contact us for legal assistance above. Drawing up and sending a reasoned written petition to the court through a representative (lawyer) removes the worry, since a professional is involved in the case, knowing exactly the content of the future petition to postpone the process and the method of its delivery. Moreover, by submitting a petition, you have the opportunity to enter into an agreement on the provision of legal assistance with our organization for the further conduct of the case in court.
How can I reschedule my trial date?
Some not very responsible defendants think that if they simply do not appear in court, then the postponement of their case will be carried out automatically. But this is not entirely true - many cases, the results of which can be summed up in one day, can be considered simply without your participation. What happens if you don’t go to court for deprivation of rights? It's simple - the decision will be made without you. Therefore, if you have a reason for failure to appear (you didn’t find a lawyer, didn’t have time to collect supporting materials, didn’t get access to video or photo media important for the case, you need to call a witness, you plan to file a counterclaim) and are looking for a way to delay the court deprivation of rights, It is better to act within the law and apply for an adjournment. It's in your best interest.
Most often, when the defendant does not appear in court, the decision is made against him. Just show up on the appointed day, and when the judge asks if there are any motions prior to the start of the hearing, you will have the opportunity to voice a motion to postpone the consideration of the administrative violation case.
The most common reason for postponing a trial is the absence of a representative. The judge will not be able to reject your petition, since the opportunity to use the services of a defense lawyer is assigned to every citizen at the legislative level. Usually it takes 7-10 days to find the right lawyer, and if you decide to waive your right, then there will be nothing wrong with that - you just show up in court without a lawyer and that’s it, but during this time you will be able to carefully familiarize yourself with each the letter of your business.
How to file a motion to postpone a court hearing
The petition is drawn up in free form; you can write it by hand. Try to be convincing. The law does not provide a list of valid reasons; the judge evaluates them according to his inner conviction.
From judicial practice, one can give examples of valid reasons related to an employee’s business trip, death of close relatives, injury and other reasons related to the applicant’s personality. An application to postpone a court hearing can be written by any person participating in the case.
A prerequisite is to attach to the petition evidence in the case confirming the reasons for failure to appear. This could be an order from the employer, a certificate from a medical institution, a death certificate, a telegram, or a sick leave certificate. Such evidence must contain comprehensive information and not raise doubts about its reliability. Evidence is presented to the court in original or certified copies.
