Failure to appear in court has various consequences both for the case and for the person who failed to appear in court. This is not always an offense, and does not always become an obstacle to legal proceedings.
The consequences of failure to appear in court, including for individual participants in the process, are provided for by the relevant procedural legislation: Civil Procedure Code, Arbitration Procedure Code, Civil Procedure Code, Code of Administrative Offenses and CAS of the Russian Federation. In addition, the law determines which cases of failure to appear in court are considered legitimate and what needs to be done to avoid negative consequences. Each process has its own nuances.
- Civil procedure (Civil Procedure Code of the Russian Federation)
- Arbitration process (Arbitration Procedure Code of the Russian Federation)
- criminal process
- Cases of administrative offenses (Administrative Offenses Code of the Russian Federation)
- Administrative proceedings (CAS RF)
- Valid reasons for failure to appear in court
Mandatory attendance at the meeting
The presence of the participants in the case, especially the plaintiff and defendant, provides them with the opportunity to defend their position. The summons is sent in advance, and, therefore, the party has the opportunity to pre-notify about the impossibility of appearing on the appointed day.
If a defendant fails to appear in court in a civil case, there are two options for the development of events:
- The party reports an inability to attend the trial and it is adjourned.
- The party does not react in any way to the court’s call, and the case is resolved without its participation.
The failure of a defendant to appear in court in a civil case must be justified and respectful from the point of view of the court. For example, the summons arrived too late, and there was no time to take time off from work and/or seek legal assistance.
Valid reasons for failure to appear in court
No one will punish you with a fine if you did not appear in court because you were extremely busy, but if you were free, you would definitely appear. We are all human and have many everyday worries that can become an obstacle to attending court. This is especially true for civil cases.
If you fail to appear at a court hearing several times without a good reason, and the case materials are sufficient for the judge to make a decision, it will be made without your participation.
If you do not want all important problems to be resolved without you, please appear or at least submit a petition to the court to postpone the court hearing.
The following circumstances are recognized as valid reasons for failure to appear in court:
- Lack of notice or inadequate notice. In criminal cases, participants must be notified at least 5 days in advance. In civil or administrative cases, you may be notified one day in advance by telephone.
- Illness of a participant in court proceedings or his close relatives, for example, young children. If there is such a reason, you will need to submit a sick leave certificate to the court to confirm the validity of the reason.
- Death of a relative.
- Various emergency circumstances (for example, fire, pipe burst).
- Absence of a participant in the process in the region or even in the country. If you are extremely important for the trial of the case and the time frame for consideration allows this, the judge will postpone the case. If not, they will consider it without you.
- Long business trip.
They are not valid reasons, but the most common ones encountered in court among those who deliberately delay the trial procedure by their failure to appear are the following circumstances:
- Forgot about the meeting;
- There was no money for travel to the courtroom;
- Have worked;
- The bailiffs didn't let me in at the entrance, etc.
Work is not a valid reason for failing to appear in court . Any employer is obliged to release an employee to court. In court, you are given a special summons indicating the length of time you were in court to present to your employer.
To receive such a summons to work, you need to ask the court clerk for it after the hearing is over. This is a right, not an obligation of the court.
Is vacation a valid reason for not appearing in court? The judge will decide this . If he shows leniency and you present pre-purchased plane tickets, the judge may postpone the case. But to do this you must present the values to make a decision.
For example, if you are a representative of the plaintiff or defendant, the judge has the right to stand up and say that the plaintiff and defendant can replace the representative if they wish.
How to act as a defendant
It makes no sense to report your failure to appear in court by telephone; it is better to write a written statement outlining your circumstances. A document has meaning, unlike words, which are not recorded anywhere. Moreover, court employees deal with dozens of people every day, and someone’s call can easily be lost in the secretary’s memory. Even if the call is not forgotten, it is still considered a failure of the defendant to appear in court in a civil case without a valid reason.
And the written application must be accompanied by certificates and other documents that can confirm the validity of the absence in court.
What are the judge's next steps?
The meeting opens at the designated time. If no other persons besides the defendant appear, the hearing is automatically adjourned. New subpoenas are sent, and it is determined whether there are notices of service of documents sent earlier in the case.
If the documents were not received, the reasons are determined. For example, whether papers were sent to the correct address. Sometimes they are simply lost even in court, and not just at the post office, or they are not delivered on time.
The absence of any information about the receipt of documents or a refusal to receive them obliges the judge to adjourn the proceedings until it becomes clear why the subpoena was not served.
Sometimes the location of the defendant is unknown, then a request is sent to the local chamber of lawyers to appoint a defender of the interests of such a person. Thus, a balance is maintained between the interests of the participants in the process, and the failure of the defendant to appear in court in a civil case does not interfere with further consideration of the dispute.
What awaits you for absence from a meeting?
Each of the participants in the proceedings must be properly informed about the upcoming meeting. The consequences of absence depend on what procedural position the participant in the case occupies, as well as on whether the circumstances are being considered in a civil, administrative or criminal case.
As a defendant, plaintiff
- If one of the main participants does not come to the court hearing in a civil case, then the court examines the case materials without him.
However, the absentee risks facing negative consequences: he will not be able to substantiate his claims, provide refutations and evidence, and the outcome of the case may not be decided in his favor. When examining a case in absentia, the court will examine expert opinions, interview witnesses, and examine documents and evidence. Attention! If a participant in the case was absent from the meeting for reasons beyond his control (for example, due to late notification), then he has the right to file a claim to annul the absentee ruling. - When a case of administrative violation is being considered, the court may postpone its examination. If the participants in the case were properly informed about the date of the hearing, the court will make a decision in absentia, using the testimony of the participant present and the collected evidence. For example, a case of deprivation of a driver’s license is being considered, but the person himself is absent from the meeting - then the court will consider the circumstances in absentia and satisfy the requirements of the traffic police.
- In a criminal case, you cannot simply be absent from a hearing - the court may consider this an attempt to evade responsibility and hide important information. Those who are absent can be forcibly brought to court and, in addition, fined up to 2,500 rubles .
The fine also applies in civil proceedings - about 1000 rubles .
In this case, the victim may be absent from the court hearing in the criminal case. He needs to send a statement to the court in advance stating that for such and such reasons he is not able to come to court on the appointed date. You will also need to draw up a second statement - about the absence of claims against the defendant. If during a private prosecution the victim is not present at the hearing and no statement has been received from him, then the criminal proceedings are terminated.
As a witness
The same rules apply - failure to appear during the consideration of a criminal case is unacceptable. If a witness fails to come to the hearing without reason, he may be forcibly brought into the courtroom. He may also be subject to a monetary penalty.
If for compelling reasons a witness is unable to come to court, he may be questioned at his place of residence.
Moreover, if the importance of the presence of a witness at the meeting is insignificant, then the court will simply read his testimony.
Why it is not advisable to ignore subpoenas from court
Filing a lawsuit may be the only way to resolve the dispute, albeit forcibly. It is the party's responsibility to appear in court. The judge is obliged to inform where and when the hearing is taking place. If the plaintiff and defendant do not appear, the law provides for certain negative consequences.
If the plaintiff fails to appear for the second time in a row, the case is automatically terminated, and he will have to start all over again. If the statute of limitations has passed, this may not be possible.
Failure of a defendant to appear in court in a civil case may result in the case being resolved entirely without his participation.
What will be the penalty for failure to appear in court in various cases?
So, what are the consequences of not showing up? For criminal, civil and administrative cases, different rules apply to ensure the appearance and consideration of cases in the absence of participants in the process.
It is much easier and much more often to consider civil cases without any of the parties than criminal cases . As a rule, the absent person is the defendant who deliberately avoids appearing and by default does not agree with the claims.
Failure of a witness to appear in court in a criminal case: consequences
A witness in a criminal case is not a key figure . First of all, the witness's testimony is always in the case file. They are collected by investigators and inquiry officers at the investigation stage. They can simply be read out in the courtroom when presenting evidence by the prosecution or defense.
If a criminal case is being considered in a special manner, witnesses are not called to the court hearing.
In general, the parties may request the summons of specific witnesses, even several times. The judge has the right to refuse such a request.
If a witness is, for example, in the army or works on a rotational basis in another region, no one will forcibly bring him to court, even if the victim or defendant strongly desires this.
For the failure of a witness to appear in court without a valid reason, a fine of 2,500 rubles is provided. In practice, such penalties are used extremely rarely.
Failure of an accused to appear in court in a criminal case
The accused is the most important person in a criminal case . His appearance is mandatory. The Code of Criminal Procedure of the Russian Federation, however, still allows the case to be considered without the defendant if it is impossible to bring him to the courtroom.
For example, in a criminal case under Art. 264.1 of the Criminal Code of the Russian Federation, the defendant was serving in the army. The judge decided to consider the case without his participation. He was sent documents to the military unit to fill out: a receipt for the summons, an application to consider the case in his absence in a special manner, because he agreed with the charges brought against him. As a result, the verdict was passed without him.
After the accused fails to appear at the court hearing more than 2 times, the judge makes a decision to forcibly bring the defendant.
The drive is carried out in several stages:
- The judge issues a decree on the arrest, indicating the defendant's full name, address and telephone number. The resolution states that the drive is entrusted to the bailiff service for execution.
- The drive is issued against the signature of the bailiffs.
- The bailiffs begin to attempt to establish his whereabouts. They call him and go to his address. If he does not inspire confidence in them, they bring him to court on their own.
- If the bailiffs were unable to establish the whereabouts of the accused, they draw up a report on the work done.
If, after several appearances, the whereabouts of the defendant cannot be established, the judge makes a decision to put him on the wanted list.
If you are wanted, then when found, you will be taken into custody for a period determined by the judge.
Failure of a victim to appear in court in a criminal case
The appearance of the injured party is also mandatory . With his personal participation, various procedural and legal issues are resolved: the possibility of reconciliation of the parties, consideration of the case in a general or special manner.
He must also be notified in advance of the scheduled court hearing and his obligation to appear.
But, of course, in real life victims do not always participate in criminal cases. For example, in a case of theft of property, the victim was a disabled person who was unable to leave his home and visit the courthouse on his own.
He had a stroke and lost the ability to express himself normally through speech. To consider the case, the judge needed to send bailiffs to his home, who took all the necessary documents and statements from him.
Failure of a plaintiff to appear in court in a civil case
A judge may hear a civil case without the presence of the plaintiff . The plaintiff submits a duly completed statement of claim to the court.
In it or in a separate paper, he has the right to ask the court to consider the case without his participation. This is normal practice.
The court may need the plaintiff only when the defendant appears in court and presents new evidence in the case that changes the essence of its consideration.
Failure of a defendant to appear in court in a civil case
The failure of the defendant to appear is not an obstacle to the judge making a decision . But for this the following procedural steps must be observed:
- He must be properly notified: a summons, a phone call, an SMS message.
- He must be sent a copy of the statement of claim, that is, he must have an idea of what is required of him.
- A claim must be sent to him pre-trial.
Unfortunately, defendants often ignore court proceedings simply by not knowing their own rights . So, for example, a defendant in a divorce may ask the court to give time for reconciliation for 3 months, and the court is obliged to give it, even if the plaintiff is against it. This action can save the family.
Or, for example, the defendant has the right to declare a statute of limitations. This can help him avoid collection of overdue debts. Without his statement, the judge may grant the claim.
In 2022, failure of a witness to appear in court in a civil or administrative case will result in a fine of 1,000 rubles.
Failure to appear in court for an administrative violation
Very often, judges make decisions on those administrative violations where there are no victims, and where in the protocol the guilty person agreed with the violation, without his participation. This is, for example, driving a car while intoxicated, overloading or refusing to undergo an examination.
Cases of overload under Art. 12.21 of the Code of Administrative Offenses of the Russian Federation can be considered without the participation of the guilty person upon his application.
If there is a victim in the case, for example, in a beating, then the parties must appear in court. When violations for which the judge can impose a punishment in the form of arrest are considered, the appearance of the offender is also mandatory.
As a rule, such culprits are brought to court by police or traffic police officers, and after an arrest order is issued, they are taken to a special detention center.
Appearance in court is a duty of citizens, not a right. Such a requirement cannot be ignored, because there is real responsibility for this.
If the subject does not have the desire and time to participate in the consideration of the case, it is better to inquire in advance from the court staff about the importance and possibility of his participation.
If the representative does not appear
A representative is a person who has already been represented to the court in that capacity. A representative is considered to be either the one to whom the power of attorney is issued, or an employee of the prosecutor's office. This also includes parents, guardians or trustees.
An adult participant in the proceedings has the right to ask the court to postpone the proceedings if his representative does not appear for a good reason. This is considered to be illness or other circumstances that, for an objective reason, made it impossible to appear in court. Participation in another case is not always the case when it comes to a lawyer or prosecutor.
Is there a fine for a defendant's failure to appear in court in a civil case? A monetary penalty of 1,000 rubles is imposed only on experts, witnesses, specialists and interpreters who avoid attending court.
criminal process
In criminal proceedings, the participation of the defendant, his defense attorney and the prosecutor (prosecutor or private prosecutor) is mandatory:
- If the participation of a defense lawyer is not possible, either the lawyer is replaced or the hearing is postponed.
- If the prosecutor fails to appear in court, it is possible to replace the state prosecutor, but until the circumstances of the failure to appear are clarified, the court hearing is usually postponed.
- Failure of a private prosecutor (victim in private prosecution cases) to appear in court entails, firstly, clarification of the reasons for the absence. If the reasons are unjustified or the court recognizes them as such, then the case (prosecution) is terminated for lack of corpus delicti. If the reasons are valid, then the court itself decides whether to postpone the hearing or consider the case in the absence of the victim. There are situations when the court decides that the participation of the victim in the process is mandatory, and if the victim does not appear, he can be brought in.
- If the defendant fails to appear, the consideration of the case is postponed, and an arrest may be applied against him and (or) the preventive measures may be changed. Consideration of cases of crimes of minor or medium gravity is possible in the absence of the defendant, if he has asked the court about this in advance. For other categories of cases, it is also possible to consider the case without the defendant, but only if he left Russia and (or) is hiding - in these cases, as a rule, the defendant is arrested in absentia and put on the wanted list, if this has not been done earlier.
The consequences of failure of a victim or witness to appear in court in a criminal case depend on the importance of their testimony, the position of the court, the prosecutor and the defense. Valid options include:
- adjournment of the proceedings until the appearance of the victim or witness is ensured;
- bringing a victim or witness;
- continuation of the proceedings without hearing and taking into account the testimony of the victim or witness;
- continuation of the proceedings with the announcement of the testimony of a witness or victim given during the preliminary investigation;
- the last resort is criminal liability for the refusal of a witness or victim to testify (Article 308 of the Criminal Code of the Russian Federation).
The court has the right not to consider a civil claim if the plaintiff does not appear in court - he will have to apply through civil law. However, the claim can still be considered if the plaintiff asked in advance to do so in his absence, the claim is supported by the prosecutor's office, or the defendant admits the claim in full.
Procedural consequences
Dispute consideration without the participation of the defendant is allowed in two forms:
- absentee proceedings;
- consideration in the general manner if at least one defendant appears.
A default judgment is made with the participation of only the plaintiff under certain conditions:
- There is confirmation that the defendant has received the summons.
- The defendant did not ask to hold the hearing in his absence.
- There were no requests to postpone the hearing due to valid reasons for non-appearance.
The essence of an absentee decision is that it is made only on the basis of arguments and evidence received from the plaintiff and other participants in the process who arrived at the meeting.
After the issuance of a judicial act in absentia, 7 days are given to submit an application for revocation to the judge, who accepted it from the moment the defendant received the documents. If this deadline is missed, an appeal is filed.
By the way, judges often overturn their decisions in absentia.
For the failure of the defendant to appear in court in a civil case, liability is provided in the form of consideration of the dispute without him, and thereby his procedural rights are limited.
What should you do if the judge unreasonably delays the trial over and over again? You can either write a request in advance to hold a hearing in the absence of the defendant, or make a written application to the chairman of the court to speed up the trial process.
What are the dangers of not showing up?
A claims lawyer can help you qualify the specific reasons for your failure to appear. The consequences of failure to appear are determined by the peculiarities of the litigation, as well as the role of the participants in the trial. In criminal and civil proceedings, there are certain nuances associated with the lack of persons necessary to consider the case.
In civil proceedings, ignoring the court's requirements may result in consideration of materials in the absence of the plaintiff or defendant. In such a scenario, the defendant will not be able to formulate objections to the statement of claim, convey his position to the court, or present arguments indicating the unlawfulness of the claims.
At the same time, a plaintiff who fails to appear in court provides the opposing party with enormous opportunities to challenge the main provisions of the claim. The absence of a valid reason will significantly reduce your chances of a positive outcome when appealing materials to higher judicial authorities.
In criminal proceedings, the failure of a witness to appear may be regarded as his attempt to hide existing information or evade responsibility under the law. Failure to appear may result in prosecution, which is carried out with the involvement of law enforcement officials.
Assessment of circumstances
Failure of a defendant to appear in court in a civil case for a valid reason obliges to postpone the consideration of the dispute. In other situations, the right is given to postpone the meeting, but it is impossible to delay the process indefinitely. In practice, one omission is considered tolerable. If it is followed by a second one, the judge continues the hearing without the defendant.
If there is a periodic absence within the framework of the trial, the judge proceeds from the circumstances of the case.
As a rule, everything is decided by the defendant’s ability to provide new information. It is easier to wait for the next meeting than to later risk having the decision overturned by the appellate court. Missing a deadline for considering a case is a lesser evil.
Judges easily make decisions without a defendant in credit disputes, recognition of rights to property, and in cases where the court acts as a means of drawing up documents for property. In family disputes involving children's rights, such as which parent they should live with, judges behave differently.
Missing a hearing in criminal proceedings
The judge may order a summons if one of the following participants does not appear at the trial of the criminal case:
- victim;
- defendant;
- witness.
If a witness was absent from the meeting, he may be fined 2,500 rubles.
The consequences of a victim's failure to appear depend on the type of charge. The following options are possible:
- A private prosecution case may be closed if the plaintiff was not present at the hearing.
- Cases of public prosecution can be considered in the absence of victims.
A criminal case cannot be considered without the presence of the defendant. If a citizen does not have valid reasons for failure to appear, a summons may be issued against him. If meetings are systematically missed, the court may tighten the preventive measure.
During the investigation, the accused may be subject to one of the following preventive measures:
- House arrest;
- obligation to appear in court.
If the defendant fails to appear at the hearing, he may be taken into custody. In this case, missing a hearing may result in the citizen being placed in a pre-trial detention center. You can appeal a decision to change a preventive measure within three days after it comes into force.
Disease assessment
Health status is often mentioned in legislation as a serious factor. This is confirmed by a sick leave certificate and an extract from the medical record.
Again, not every illness gives you the right to miss court hearings. The person must have an infectious disease or be in a hospital. What matters is the objective inability to leave home or hospital.
If we are talking about a mild cold that is not documented, it is not considered an argument. The same applies to any other health difficulties. Thus, the defendant’s failure to appear in court in a civil case due to illness still needs to be proven.
