When a dispute arises that cannot be resolved through traditional negotiations, there are several options for resolving the situation. This controversial issue is referred to the court of general jurisdiction, to the world or arbitration court for consideration.
When resolving the issue in the framework of civil proceedings, strictly taking into account the requirements of the Arbitration and Civil Procedure Code, all participants in the case are informed about where, in which composition of the court and when the case will be considered.
The procedure in accordance with which the notification of the parties participating in the process is carried out is regulated in sufficient detail by the provisions of the law. However, those individuals for whom participation in legal proceedings is not a daily practice should be aware of the procedure for holding hearings.
A subpoena (or ruling) notifies participants of the time and place of the trial. This notification is sent to all participants in the proceedings. As a rule, it indicates the address of the court, the name of the judge, the number of the cabinet, as well as the status of the addressee (plaintiff, defendant, witness).
The subpoena, in addition to the specified information, may contain requirements, according to which the parties should submit additional evidence or certain documents related to the case. Additional information may include declarations, constituent documents, financial statements, etc.
The subpoena obliges to appear at the meeting. Failure to appear may have different consequences. But, as a rule, they are unfavorable. So, for example, the non-appearing party is deprived of the opportunity to defend their positions and defend their rights, to object to the opponent, refuting his arguments.
After a subpoena has been received, a participant in the process may take various actions. If for some reason the party does not want or cannot come to the meeting, it sends an application for a hearing without its presence. Lawyers recommend in such a statement to reflect once again their position on the issue under consideration (objections or acceptance of claims).
If the court requested additional evidence, then it must be submitted, thus fulfilling the requirement. This is mainly due to the fact that in preparation for a hearing, trial, examination on the merits, a determination is made of the circle of circumstances that the parties should prove. Additional documents are provided by interested parties.
In some cases, the defendant or the plaintiff is having difficulty obtaining certain documents that serve as evidence. In such situations, the interested party has the right to ask for judicial assistance.
The subpoena is sent by mail and is accompanied by a request for notification that it has been served, or by means of a person acting in accordance with the order of the judge. The spine on which there is a mark on receipt and the signature of the addressee is sent back. The submission of the summons addressed to the organization is carried out by its authorized representative. It should be noted in this case that the heads of non-profit and commercial enterprises often come in contact with various bodies in the course of their activities. And not only with the court, but also with law enforcement. Certainly, cases can be different. The subpoena to the militia (police) can be connected both, in fact, with the activities of the enterprise itself, and with actions committed by other private individuals or organizations.
If the addressee refuses to accept the notice, the courier makes a corresponding note. After this, the subpoena is sent back to court.