How to postpone a court hearing and investigative action due to the Covid 19 coronavirus

Request to postpone the hearing

If these reasons exist, the court almost always postpones the consideration of the case.
However, it should be borne in mind that the listed reasons are not indisputable grounds for deposition. The court may, after listening to the opinions of the parties and making sure that the presence of such reasons will not prevent an objective consideration of the case at a given court hearing, decide to continue the trial. It should be taken into account that the court’s duties include only notifying the participants in the case. The court will not ensure their appearance. He will only establish the reasons for the failure to appear and, on this basis, make a decision on the possibility or impossibility of considering the case in the absence of these persons.

Closed court hearing in arbitration

A closed court hearing is held if the subject of the case is information and information protected by special legislation of the Russian Federation.

Examples of closed trials:

State secret
Banking secrecy
Notarial secret
Attorney-client privilege

Peculiarities of consideration of cases in closed proceedings:

Only persons directly related to the case participate in the case; the participation of witnesses and third parties is significantly limited
All participants in the court are warned of responsibility for disclosing information that became known to them during the consideration of the case by the court.
Keeping audio and video records is prohibited
Persons participating in a closed meeting may only take written notes
The court decision is made only in written form.

Petition to postpone a court hearing, example, sample, how to write

Deliberate delay of the trial by one of the parties to the arbitration process is used as a way to achieve a certain positive result (delay in debt payment, gaining additional time to carry out any actions).

The court has the right to postpone the hearing to a later date if, when considering the petition, it indicates valid reasons why the defendant or plaintiff, as well as their representatives, cannot be present at the trial. Refusal may occur, but is very unlikely, only if the petition is incorrectly drawn up and valid reasons are not provided that prevent the participant from attending the court hearing. Other participants in the process may object to this. For the participant at whose request the petition is written, it can, in turn, gain time to provide additional evidence regarding the fact of this proceeding.

On adjournment of the court hearing

Due to the fact that the representative of the plaintiff (defendant)

cannot appear at the court hearing scheduled for “__” __________ 201_g.
at 00:00, because he is busy considering another civil (criminal)
case scheduled for the same time at _________________________

This provision suggests that a submitted petition to postpone the court hearing does not mean that it will necessarily be postponed, since the issue of postponing the consideration of the case is the right of the court, and not an obligation. The usual “excuse” of the court is that the principal (plaintiff or defendant) had the opportunity to use the legal assistance of another representative.

Video conferencing in the arbitration court

Videoconferencing (VCC) is a method of conducting a court hearing through the use of video communication.

This opportunity to hold a meeting is used to allow a person who lives far from the venue of the hearing or does not have the opportunity to directly participate in the court to participate in the court hearing.

The HQS is organized on the basis of a petition from a person participating in the case. Such a petition must be submitted in advance, since the HQC in an arbitration court or a court of general jurisdiction is organized exclusively with another arbitration court, regardless of their jurisdiction.

Other features:

Videoconferencing is carried out only if there is appropriate technical capability
When using video communication, a video recording of the court hearing is carried out
The use of videoconferencing in closed production is prohibited

How to write a petition to postpone (postponement) a court hearing

A petition to postpone a court hearing is a document that can ensure participation in the trial for those who do not manage to get to it on time. Motions to postpone the court hearing can be submitted by all participants in the process, the main thing is that they are drafted correctly.

name of the court, surname and initials of its chairman (or the judge considering a specific case, if known);
data of the parties (if we are talking about civil or arbitration proceedings);
data of the initiator of the petition (in criminal or administrative proceedings);
case number (criminal, administrative, judicial);
name of the document (“ Motion to postpone the hearing” or “Motion to postpone the consideration of the case”).
2.Descriptive part:

circumstances of the trial: the essence of the process, the name (personal details) of the plaintiff, defendant or the last name, first name and patronymic of the defendant (defendants) in a criminal case;
grounds for postponing the court hearing (inability to appear or continue participation, etc.).

Grounds for postponing a court hearing

Petition

Sick leave

To reschedule a court hearing, it is necessary to present serious, supported reasons. This could be a business trip, an outpatient stay. How weighty the reason is is up to the judge to determine independently.

The legal assistance offered on our website will help in drawing up a petition, describing the grounds for postponing the process, preparing the evidence base and resolving other issues. The request for transfer is made in writing and submitted to the reception office of the judicial authority.

As mentioned above, to postpone a meeting at the request of one of the parties there must be compelling reasons: business trip, illness. In each case, the issue of respect is considered individually. If you have any difficulties, contact the site’s lawyer on duty; perhaps legal assistance in describing the reasons and presenting evidence will be relevant for you.

A counterclaim, demand for evidence are grounds for postponing a court hearing. If during the trial it turns out that the defendant has filed a counterclaim, the plaintiff and third parties have every right to request that the court hearing be postponed. After all, you need to familiarize yourself with the arguments of the opposite side and prepare objections.

The same situation arises when you need to request evidence from someone in a case. For example, in the process of eviction from social housing, the defendant insists that he made payments on time and asks the plaintiff to provide an extract from his personal account, which was not in the case file. Naturally, the plaintiff needs time to prepare documents. And the judge postpones the court hearing for a period agreed upon with the parties.

The appointment of an examination entails the suspension of the consideration of the case without the receipt of any requests from the parties. Most often, such situations arise when a claim for damages is being considered. The parties submit reports from different experts (for example, on an accident), and the judge makes an arbitration decision to appoint another, third examination, which decides everything. After the results of the examination are received by the court, the defendant and plaintiff are notified of a new date for the court hearing.

Ways to postpone a court hearing

It is very unlikely that the case will be adjourned on this basis. It makes sense only in civil proceedings, only when an individual is trusted and only when his personal presence is really objectively necessary for a full and comprehensive trial (it is desirable that the principal himself has a good reason for not appearing at the court hearing in which such a petition is made).

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Please note: the greatest difficulties arise in situations where a foreign third party (or foreign organization) is involved. Difficulties are associated, first of all, with the peculiarities of proper notification of a person located abroad, which significantly increases the time for consideration of the case.

Sample petition to the arbitration court to postpone a court hearing

If a disputant wants to postpone the consideration of the case, it is necessary to prepare an application. Use the sample petition to the arbitration court to postpone the court hearing. For example, a disputant needs to submit additional evidence to the court, but it takes time to prepare it. State this reason in the document.

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).
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.
The defendant files a counterclaim, and the opponent needs to prepare an objection.
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).
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).
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).
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).
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).
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).
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).
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).

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.

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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 invite you to familiarize yourself with: Certificate of receipt of funds under the monetary contract sample

Ask:

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

Application:

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

Dear readers, the information in the article may be out of date, please take advantage of a free consultation by calling: Moscow, St. Petersburg or using the feedback form below.

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.

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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.

Request to postpone the hearing

And here you may well petition the court to postpone the hearing of the case due to failure to provide you with all the materials on the case. True, the opposing party may well refer to the fact that you could familiarize yourself with the case materials in advance, but firstly: to familiarize yourself with the case, it takes some time to file a corresponding request to familiarize yourself with the case, and thirdly, the opposing party is completely may “throw2 into court a day or two before the hearing, so you will not have real time to fully familiarize yourself, and fourthly, most importantly, the current procedural legislation obliges the parties to the case (Article 149 of the Code of Civil Procedure) to provide the opposing party with copies of documents on on which she bases her evidence. With an arbitration court, everything is a little more complicated, but even here it is quite possible to make a similar petition, at least orally. Well, if in doubt, then for a reasonable fee, the lawyers of our agency will provide you with the service of drawing up an application to the court

» data-medium-file=»https://i2.wp.com/www.kosopuzy-lawyer.ru/wp-content/uploads/2013/09/law5.jpg?fit=139%2C93″ data-large- file=”https://i2.wp.com/www.kosopuzy-lawyer.ru/wp-content/uploads/2013/09/law5.jpg?fit=139%2C93″ class=” size-full wp-image -4036 alignleft jetpack-lazy-image" src="https://www.kosopuzy-lawyer.ru/wp-content/plugins/jetpack/modules/lazy-images/images/1×1.trans.gif" alt= »lawyer A.V. Morozov” width=”139″ height=”93″ data-recalc-dims=”1″ data-lazy-src=”https://i2.wp.com/www.kosopuzy-lawyer.ru/wp-content/ uploads/2013/09/law5.jpg?resize=139%2C93″ data-lazy-srcset=”https://i2.wp.com/www.kosopuzy-lawyer.ru/wp-content/uploads/2013/09 /law5.jpg?w=139 139w, https://i2.wp.com/www.kosopuzy-lawyer.ru/wp-content/uploads/2013/09/law5.jpg?resize=100%2C66 100w" data -lazy-sizes=”(max-width: 139px) 100vw, 139px”> During litigation, there are times when for some reason you cannot participate in the court hearing, for example, when you go on a business trip, or are sick. Everything seems to be clear here - but there is no trial, especially in a court of general jurisdiction, where your presence is necessary. Simply provide supporting documents to the court along with your request to adjourn the hearing. Or you simply don’t show up for the first time and that’s it (according to the civil procedure code, a party can fail to appear up to two times (however, it is advisable, so as not to “anger” the court, you must also have good reasons for failure to appear, otherwise you may be forced to deliver They can).It’s another matter when the opposing party did not provide you with materials on the case or presented them late, or, in general, during the hearing it turns out that in the case there are some materials from the opposing party that it did not present to you in advance, this deprives you of the opportunity fully prepare for the court hearing.For some reason, government agencies have often begun to sin in this regard lately.

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Sample petition to postpone a court hearing to an arbitration court

A correctly prepared petition is an important document, the purpose of which is to achieve the adjournment of the court hearing for the period specified in the petition. The petitioner may have unforeseen circumstances that prevent him from appearing in the courtroom on time. Situations are also not excluded when the defendant in the case was not informed in time about the deadlines for consideration of his proceedings in arbitration.

It is worth noting that filing a petition requires the applicant to comply with a number of legal rules. One of them concerns convincing justification of the reason for postponing the hearing of the proceedings. The reason stated in the application must be so compelling that the arbitration participants have no doubt about the importance of postponing the consideration of the case.

Arbitration motion for adjournment

The court hearing is scheduled by the court based on the work schedule for consideration of cases. At the same time, the court hearing may be postponed by the court to another date at the request of one of the parties to the proceeding. The petition is accompanied by a supporting document substantiating a valid reason why the party requests to postpone the court hearing. The following is the form of a request to postpone the trial of the case in the arbitration court. Also see the petition to the arbitration court to postpone the trial and the application to the arbitration court.

To _________________________ (name of the arbitration court to which the application is submitted)

Case No. _________ is being considered about ________________________________________
(subject of the dispute)
based on the claim of _____________
(name of the plaintiff)
to ______________
(name of the defendant)
.
The court hearing is scheduled for ____ hours ____ minutes. “____” ____________ ____ In connection with _______________________________________ (indicate the reasons why the applicant requests to postpone the trial)
, on the basis of Art. 158 Arbitration Procedural Code of the Russian Federation,

Contents of the application

The request for a break shall indicate :

details of the court: name of the arbitration court and address of the judicial authority;
details of the applicant: name, location, phone number and other data;
details of the case: case number, name/full name of the plaintiff and defendant, subject of the claim.

The application must indicate the following circumstances :

reason: presentation of evidence (the name of the evidence is indicated) or other circumstances;
period: within one working day (for several minutes, an hour, several hours) or several working days (the start date of the break and the date of its end are indicated).

Documents confirming the circumstances due to which it is necessary to suspend the trial may be attached to the petition.

The petition must be dated and signed indicating the position and name of the signatory.

Sample petition to the Arbitration Court to postpone a court hearing

Hello, Natalia! Not all debts incurred during marriage are common debts of the spouses, but only those spent on the needs of the family. Just in case, enter into an agreement with your ex-husband on the division of property, in which you indicate that the loan debt you are writing about is, according to your agreement, exclusively yours, since the loan was not spent by you on the needs of the family. It is better if such an agreement is drawn up by a specialist. You can contact us for help: https://www.auditnalogpravo.ru/contacts/

Hello! I filed for personal bankruptcy on October 1, 2015. I'm interested in the question. I have 5 loans, 4 I took out long before marriage. The last one was taken out during marriage, but I used it to cover the loan taken out before marriage. Can the court assign half of the last loan to the husband, because... he has property acquired before marriage 3 years ago. There are supporting documents where the last loan went, my husband didn’t even know about it and now we no longer live together, but we haven’t divorced. I don't want to involve him in this. What should I expect, should I worry about it?