Are you looking for how to file a motion to postpone a court hearing? Which will the court consider positively? We have posted general information about the preparation and submission of such documents. And also about possible reasons for the transfer, which will be recognized by the court as valid. But the applicant will have to provide relevant evidence to support the reasons for rescheduling the scheduled hearing to another time.
A motion to reschedule a court hearing is a request to have a civil case heard on another day. Such a document can be submitted in accordance with Art. 35 of the Code of Civil Procedure of the Russian Federation (rights and obligations of persons participating in the case).
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Request to postpone the hearing
Is it necessary to file a motion to postpone the hearing?
It is mandatory to submit a motion to postpone the court hearing. If a party to the case intends to personally represent their interests and participate in the process of considering the case on its merits. You cannot simply not come to court without giving reasons. Then the court decision can be made without this side of the case. This situation is especially possible when considering “simple” cases (claims for debt collection under a loan agreement, claims for divorce). The court as a whole may consider them in one sitting if no motions have been received from the parties. And personal participation will allow, for example, to ask for a reduction in the penalty, present additional evidence in a civil case, ask questions to witnesses and the party, third parties, etc.
If you do not submit a request to postpone the court hearing in time, the court may not postpone the consideration of the case. But the reasons for the transfer must be compelling and valid. If a party is not ready for the process, it is better to file a motion to postpone the court hearing due to the need to obtain legal assistance. Such a request can be made orally or submitted in writing.
Typically, the case review process consists of several meetings. The first is a preliminary court hearing, at which the judge announces the essence of the case and asks about the presence of petitions. At this meeting, the parties may request to call witnesses, request evidence, or order an examination. It is obvious that the court is unlikely to postpone the preliminary hearing without good reason. Most likely, after the preliminary hearing, a court hearing will be immediately scheduled.
Examination of the petition on its merits
The petition is being considered on its merits at a court hearing, the date of which is being asked to be postponed. It is read out along with the attached documents for the information of all those present. If a positive decision is made, the date and time of the next meeting is announced. If the request for transfer is rejected, the court proceeds to consider the case on its merits. Changing deadlines is a right, not an obligation of the court.
A petition to postpone a court hearing is a tool for protecting the legal rights and interests of citizens. Compliance with the conditions and procedure for filing it ensures full participation in the trial, the opportunity to provide the necessary evidence, and contributes to the reconciliation of the parties.
How long does it take to file a motion to postpone a court hearing?
It is expected that this should be done immediately when reasons are discovered that make it impossible to appear in court. A request to postpone the hearing is also made in the event of illness of the representative of the plaintiff or defendant. But such a petition must come from the party (another person participating in the case), and not from the representative himself.
If a participant in the case is in a hospital, one of the relatives or other persons will be able to take the petition to the court. This application is accompanied by a certificate of hospital stay. The same procedure is provided if one of the parties or a representative is on sick leave to care for a child.
How to draw up a document correctly
When drawing up a document, you should follow the general rules of formatting. It should contain the following items:
- Name and address of the court in which the trial is taking place.
- Identification data of the applicant, and who he is in the lawsuit (plaintiff, defendant or third party).
- Civil case number.
- Title of the application (Motion to adjourn the court hearing).
- Reasons why the applicant does not appear.
- Text of the request.
- Date and signature.
