Having accepted the lawsuit for proceedings, the court makes a ruling, which indicates the place, date and time of the meeting. They are selected so that the parties have the opportunity to prepare for the hearing. However, far from always, the parties to the dispute may appear on the appointed day and time in court. In such cases, the person concerned may file a request for adjournment. The case will not be heard, the witnesses will be questioned, and the evidence will be investigated. The court will set another time for the hearing.
The procedural codes provide for specific rules governing the submission of a request to adjourn a meeting . For example, in the agricultural sector - this is Art. 158, in the Civil Procedure Code - 169. Next, we consider in more detail the features of filing with the court a motion to adjourn a hearing in a civil proceeding.
Grounds
According to Article 169 of the Code of Civil Procedure, in a civil proceeding, a motion to adjourn a hearing is allowed in cases provided for by the Code, as well as if the court considers it impossible to proceed due to:
- non-appearance of any of the parties;
- counterclaims;
- the need to request / provide additional materials and information related to the dispute, the commission of other procedural actions ;
- occurrence of malfunctions in the used technical means, including video conferencing systems.
Timing Features
The court has the right to postpone the hearing for no more than 60 days at the request of the adjournment of the trial , received from both parties, if the parties to the dispute agreed on a mediation procedure (participation of an uninterested subject in the settlement of the conflict).
The court is obliged to postpone the meeting related to the dispute about the child for 30 days, upon receipt of a written notice from the authorized body appointed in the Russian Federation to ensure fulfillment of the obligation under the international agreement, on the receipt by this body of an application for the unlawful transfer of a minor to Russia or to keep him in the Russian Federation, if, for the age of the child, the provisions of the international treaty apply. A copy of the relevant statement must be attached to the notice.
Failure to appear
The responsibilities of the court, according to the procedural rules, include proper notification of the participants in the proceedings. The court should not ensure their appearance. In case of failure to appear at the meeting, its reasons will be clarified and evaluated. The court has the right to continue the proceedings in the absence of a person notified earlier in the prescribed manner.
If circumstances arise that objectively impede the appearance, the subject may file a motion to postpone the consideration of the dispute. These include, for example:
- Hospitalization, illness, health condition making entry to the judicial authority impossible.
- An urgent call to the workplace on an urgent issue, the solution of which requires the personal presence of the subject.
- Business trip.
- An emergency incident involving a person summoned to court (accident, fire, crime, etc.).
- The need for urgent assistance to a family member in care (an elderly parent, child, disabled person, etc.).
The above list is not considered closed. In practice, other circumstances may arise that compel a person to file a motion to adjourn the proceedings.
In any case, the court will assess the degree of validity of the reason.
Nuance
The court may postpone the hearing even when all parties to the dispute appear, but in the presence of other circumstances provided for by paragraph 1 of Article 169 of the Code of Civil Procedure. Meanwhile, the court may not postpone the hearing if it considers that they do not interfere with the continuation of the proceedings. To make such a decision, the court must hear the opinion of the participants in the proceedings.
Organizational matters
Upon the satisfaction of the request to adjourn the hearing, the date and time of the new meeting shall be appointed. The court must take into account the time required to summon the parties or to obtain evidence. About this appeared citizens announced on receipt. Persons who did not appear at the meeting, as well as newly attracted entities are notified of the place and time of the new hearing in the prescribed manner.
Proposal for adjournment of proceedings
It is advisable to prepare the application in advance, given the possibility of it being received by the court before the dispute is directly considered.
When compiling a request for adjournment of the hearing, it is necessary to be guided by the general procedure for processing documents sent to the court. The application must indicate the required details:
- Name, address of the court to which it is sent.
- Information about the plaintiff, the defendant (full name, addresses).
The text of the application for adjournment of the hearing must indicate the reasons that impede the consideration of the dispute within the time period established by the court. In this case, the applicant must indicate evidence of obstacles encountered. At the end of the text should be a direct request of the person concerned indicating the specific date on which the subject will be able to appear at the hearing.
Documents confirming the validity of the reasons for failure to appear are attached to the application for adjournment of the proceedings.
Emergency cases
In practice, it happens that extraordinary circumstances hindering the appearance of the court occurred on the day of the meeting. In such cases, a request to postpone the proceedings can be submitted orally by phone or in writing and sent with a trustee without the application of supporting documents.
In such cases, the text must indicate the methods that the court can use to verify the circumstances. For example, the applicant may indicate the number of the hospital, full name of the doctor, information about the police officer, and so on. In this case, written evidence of the validity of the failure to appear must be provided to the interested person at the next meeting.
Examination of the application
The request is examined by the court in a meeting at which the applicant did not appear. The judge reads out the text of the request, investigates and announces the content of supporting documents. Without fail, before making a decision on the application, the persons who came to the meeting are heard.
After consideration of the application, a determination is made. Its text may be reflected in the minutes of the meeting, if the issue of adjournment of the hearing and the motivation of the court are simple. Otherwise, the decision on the stated request is made out by a separate definition.
Satisfaction and Denial
If the court considers the reasons for the non-appearance of the person to be disrespectful, then (taking into account the opinions of the present entities), it has the right to refuse to satisfy the application. In this case, the proceedings continue in a general manner. Meanwhile, it is possible that the adjournment of the hearing will be possible subsequently for other reasons.
In case of satisfaction of the requested request, an appropriate determination is made. Notification of non-appearing persons is carried out in accordance with Article 113 of the Code of Civil Procedure.
Additionally
As mentioned above, in the case of adjournment of the trial, the court does not examine the evidence presented and does not interrogate the witnesses. At the same time, he has the right to resolve other requests of the parties to the dispute submitted before the closure of the meeting.
The proceedings shall resume from the moment from which it was postponed. At the same time, re-examination of the evidence studied before the adjournment of the case is not carried out.
Issues of application of Article 169 of the Code of Civil Procedure
In practice, there are many difficulties in filing a request for adjournment of proceedings. Let's consider some questions.
For example, is it possible to postpone the hearing appointed by the appellate court if the applicant wishes to appeal it as unlawful?
In such a situation, if a cassation appeal is accepted, the court will independently adjourn the hearing.
Is it possible to consider the employment of a representative (lawyer) in another meeting on the same day and at the same time as a good reason?
This fact is not considered an obstacle to appear in court. The law does not limit the parties to the dispute in the selection of lawyers. If the lawyer is busy in some business, you can find another representative.
What should I do if a court appearance at a preliminary hearing is impossible for a reason that is disrespectful to the court, but essential for the applicant?
In such a situation, the purpose of the hearing is important. If at a meeting it is planned to decide on the direction of a judicial request, the appointment of an examination that requires a long time, it is unlikely that the court will satisfy the request for adjournment. Of course, it is possible to compose and submit it to the court. However, it is advisable in this case to send a representative to the meeting who could act in the interests of the no-show person.