How to postpone a court hearing in the arbitration court of appeal. | Bratsk

Grounds for deposition

The court has the right to postpone the hearing on the basis of Art. 169 Code of Civil Procedure of the Russian Federation. The applicant must indicate the reasons why he requests to postpone the consideration of the case. Supporting documents will need to be attached to the application. Reference! The court will accept an application to postpone the date if it considers the reasons to be valid.

The list is not complete.

The judge may independently make a decision to postpone the hearing if all interested parties appear on the following grounds:

• to collect evidence;
• due to the lack of documents relevant to the case;
• due to illness of a representative of either party;
• when the claims change;
• when filing a counterclaim.

The official may postpone the date of the meeting to familiarize himself with the case materials if new circumstances arise.

How to file a motion to postpone a court hearing in a civil case?

The petition may be filed during the consideration of the case or before the hearing. If a citizen knows in advance that he will not be able to attend, it is better to submit an application in advance.

Form and content

The application form is not established by law. The document is written in accordance with general requirements.

It must contain the following information:

• name of the court;
• personal data of the parties to the dispute;
• details of the case;
• information about the reasons for postponing the proceedings;
• link to article 169 Code of Civil Procedure of the Russian Federation;
• request to set a new date;
• personal signature.

An example of a request to adjourn a meeting due to coronavirus can be found here.

It is recommended that the document indicate the period during which the applicant will correct the problems. It should not exceed the period for consideration of the case, which is 30 days for a magistrate judge, and 60 days for a district court.

Attention! The parties to the dispute are notified of the date of the new meeting in the manner prescribed by law. The process in the new meeting will begin from the moment at which it was stopped. The judge will not re-examine evidence that has already been tested.

Sample

Download a sample request to postpone a court hearing

Required deadlines

By the way, this rule also applies when considering other cases, for example, when considering a claim for debt on loans, in divorce proceedings, etc. If there are no requests to postpone the hearing, the case will be considered in one meeting.

While in court, you will be able to protect your interests and ask for a reduction in the penalty. You can also present new evidence to the court (when considering civil cases), get answers to questions of interest from other participants in the process, etc.

Only on the basis of compelling reasons will the court decide to adjourn the hearing. The petition must be written in advance, otherwise the meeting will take place at the appointed time.

It is also better to write a request for transfer if you are not sure that the material is ready for trial. To be fully armed, legal support is needed. The petition must be drawn up in writing or presented orally in court.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Don't delay asking for a transfer. As soon as circumstances arise that require, for example, additional materials, you must immediately apply for a new date for the meeting.

Important! When force majeure occurs and the plaintiff is unable to personally deliver the petition to the court, he may file the petition via fax or telephone call in person.

Suppose the plaintiff is in a medical institution and his health condition does not allow him to attend the meeting. The judge is notified of these circumstances and, at his own discretion, decides to consider the process without the plaintiff, or is determined with a new date for the hearing.

The meeting is postponed only if there are serious, compelling reasons.

There are no special requirements for writing such a petition; it is written in a general form, but it is necessary to take into account the general requirements for the preparation of documents that are submitted to the court. For reference, we recommend viewing a sample request to postpone a court hearing.

To ___________________________ (name of the court) From: __________________________ (full name of the applicant, address)

To the city court of Baltiysk

Kaliningrad region

Plaintiff: Evgeniy Ivanovich Fedorova,

address: 238520, Baltiysk,

st. Lenina, 457 sq. 4098

within the framework of case No. 14-56/19 on eviction

The Baltic City Court of the Kaliningrad Region is processing a civil case based on the claim of Evgeniy Ivanovich Fedorov against Igor Stanislavovich Mikhailov for the eviction of a temporary tenant and deregistration No. 14-56/19. By the decision of the above-mentioned court, the preparation of the civil case was completed and the main court hearing was scheduled for January 22, 2021.

The plaintiff will not be able to appear in court at the time appointed by the court due to his employer sending him on a business trip. The validity of the reason is confirmed by an extract from the order for sending on a business trip from January 19, 2021 to 02/02/2020.

Based on Article 167 of the Civil Procedure Code of the Russian Federation,

We suggest you read: For driving without insurance

Ask:

1. Postpone the court hearing until no earlier than February 5, 2020.

Application:

1. Copy of the petition
2. A copy of the travel document, certified by the employer, confirming the assignment on a business trip
3. A copy of the order for sending on a business trip
4. Copy of job assignment

January 18, 2021 Signature Fedorov E.I.

Yes. If you intend to personally represent interests and participate in the process of considering the case on its merits. Just don’t come to court without explaining your reasons - a decision may be made without you. This also applies to the consideration of simple cases (claims for debt collection under a loan agreement, claims for divorce).

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 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.

Sample (example) of a request to postpone a court hearing

In this section of the article, we provide an example form for a request to postpone a hearing in a civil case. You can make adjustments to it to suit your situation.

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The adjournment of a court hearing of the Arbitration Procedural Code is regulated by the Arbitration Procedural Code of the Russian Federation in terms of Article 158 of the same name. Thus, this section of the law talks about the main aspects of this action on the part of the judge, in particular:

• Grounds for postponing the consideration of the case.
• Subjects involved in this decision.
• Deadlines for rescheduling proceedings.
• Consequences arising from such a decision.

Trial

Important! When making such a decision, the court does not have the right to deviate from the basic principles described in the specified article of the Arbitration Procedure Code of the Russian Federation.

In order to transfer a case, the court must have circumstances in which hearings cannot be held for objective reasons. So, as a rule, the following situations serve as reasons for postponing a meeting:

• In the event that one of the key participants in the process does not appear for the consideration of the case, and the judge does not have reliable information about notifying him of the upcoming event.
• The court also has the right to postpone the trial if one of the parties petitioned for the need for a third party to intervene in the process, in accordance with Federal Law No. 194.

Petition

• If one of the participants in the process, before the start of the hearing, submitted a request to postpone the hearing due to a valid reason, and the court recognized this document. The same applies to the absence of a proxy participant in the proceedings.
• The court may independently initiate the transfer of the case if it considers that the case cannot be completed successfully due to the absence of key parties to the procedure, or during the hearing any technical reasons for canceling the hearing are revealed.
• If a judge goes on sick leave and this decision is made for him by an acting person or his secretary
• The presentation of a counterclaim by one of the participants in the process, which creates the need for the judge to become familiar with it, since its presentation changes the circumstances of the case.

Important! Any procedure for postponing the consideration of a claim must have a written basis and be recorded in the minutes, and a separate determination is made in relation to this action by the authority.

Sick leave

According to the Arbitration Procedure Code of the Russian Federation, the court has the right to postpone the trial to the following period of time (depending on various circumstances):

• Until the date when the circumstances preventing the meeting from being held normally are eliminated.
• No more than 30 calendar days.
• If the reason for canceling the proceedings was the need to involve a third party, the postponement cannot be carried out for longer than 60 calendar days.

We invite you to familiarize yourself with: Sample complaint about the inaction of a bailiff

Important! All transfer deadlines are reflected in clause 7 of Art. 158 of the Arbitration Procedure Code of the Russian Federation and cannot be changed regardless of the circumstances.

Questions from our readers

Is it possible to do without a petition?
An application will not be required if the meeting is postponed for the reasons specified in Art. 169 Code of Civil Procedure of the Russian Federation. If one of the participants in the process did not appear in court and did not inform about the reasons for this, then the case can be considered without him (Article 167 of the Code of Civil Procedure of the Russian Federation).

You can do without a petition in emergency cases. In such a situation, it is necessary to notify the court by telephone of the absence and the grounds. Evidence of good cause will need to be provided at the next meeting.

Rules for filing a petition

It was previously mentioned that the petition is submitted in writing to the court office or presented to the judge during the trial. The applicant prepares several copies of the petition.

Their exact number depends on the number of participants in the process. If the participants are the plaintiff and the defendant, two copies are prepared.

It is advisable to submit the petition before the hearing begins. This way the statement is guaranteed to be included in the rest of the case materials. Otherwise, the petition will not reach the judge on time, it will not be in the case file, and the court will hold the hearing in absentia, without the plaintiff. And this is not the best outcome of the matter.

It is possible that during the consideration of the case it will become necessary to postpone or reschedule the hearing to another day. In this case, you can voice the petition orally or ask for a few minutes to draw up a written document.

Underwater rocks

When writing an application to postpone a court hearing, you need to consider the following nuances:

1. The petition must indicate the reasons that the court must consider valid. Otherwise, the application will be rejected. Therefore, before writing an application, it is recommended to consult with lawyers.
2. In some cases, instead of a petition to postpone the hearing, it is better to write a petition to postpone the consideration of the case. It must also state good reasons for the court to set a different date.
3. If during the meeting the representative of the plaintiff or defendant is busy with another matter, this is not considered a serious reason for postponing it. The court may reject the request, since the disputant has the right to find another lawyer.

Petition to the court to postpone the meeting of the arbitration court

Some court cases require an independent review. It will require additional time. That is, the trial is postponed without the plaintiff’s requests. This situation is typical for the consideration of cases related to compensation for damage to victims.

If you are not sure about the need for a statement, we hasten to assure you that this is in your interests, of course, if you have a desire to personally attend the meeting and keep abreast of events. Your absence in court without warning will be regarded as unwillingness to protect your interests, and the process will proceed without you.

According to Part 5 of Art. 158 of the Arbitration Procedure Code of the Russian Federation, the court has the right to postpone the consideration of the case. The court may take such a measure either at the request of a participant in the dispute or at its own discretion. In Art. 158 of the Arbitration Procedure Code of the Russian Federation, the legislator listed the grounds that would allow the meeting to be postponed. The main reason is if the court recognizes that the case cannot be considered at this hearing. This may be caused by various circumstances; the list of such circumstances in the APC is not closed.

1. The participant in the consideration did not come to the meeting, and the case does not indicate that he was notified of the place and time (Part 1 of Article 158 of the Arbitration Procedure Code of the Russian Federation).
2. It is necessary to involve the defendant or a third party without independent requirements, and time is required to notify the new participant, as well as to give the opportunity to prepare.
3. The defendant files a counterclaim, and the opponent needs to prepare an objection.
4. Both parties filed an application for transfer because they want to resolve the dispute (Part 2 of Article 158 of the Arbitration Procedure Code of the Russian Federation).
5. The participant in the dispute filed a petition to postpone the trial because he was unable to take part in it on the appointed day for good reason (Part 3 of Article 158 of the Arbitration Procedure Code of the Russian Federation). The meeting will also be postponed if, for good reason, a representative of the participant cannot attend it (Part 4 of Article 158 of the Arbitration Procedure Code of the Russian Federation).
6. The party to the process needs to prepare and submit additional evidence to the court (Part 5 of Article 158 of the Arbitration Procedure Code of the Russian Federation).
7. The specialists or witnesses necessary for the consideration did not appear at the meeting, the parties to the dispute did not submit an application to consider the case without these persons (Part 1 of Article 157 of the Arbitration Procedure Code of the Russian Federation).
8. The participation of arbitration assessors is necessary in the consideration, but they did not appear (paragraph 4, part 4, article 19 of the Arbitration Procedure Code of the Russian Federation).
9. The court received an application to abandon the claim from a person who applied to protect the rights and legitimate interests of a group of persons, to abandon the claim (Part 2 of Article 225.15 of the Arbitration Procedure Code of the Russian Federation).
10. Technical problems have arisen that interfere with the consideration of the case (Part 5 of Article 158 of the Arbitration Procedure Code of the Russian Federation).
11. A member of the panel of judges is ill or absent for some other reason (paragraph 2, part 5, article 158 of the Arbitration Procedure Code of the Russian Federation).