How can I reschedule my trial date?
Some not very responsible defendants think that if they simply do not appear in court, then the postponement of their case will be carried out automatically. But this is not entirely true - many cases, the results of which can be summed up in one day, can be considered simply without your participation. What happens if you don’t go to court for deprivation of rights? It's simple - the decision will be made without you. Therefore, if you have a reason for failure to appear (you didn’t find a lawyer, didn’t have time to collect supporting materials, didn’t get access to video or photo media important for the case, you need to call a witness, you plan to file a counterclaim) and are looking for a way to delay the court deprivation of rights, It is better to act within the law and apply for an adjournment. It's in your best interest.
Most often, when the defendant does not appear in court, the decision is made against him. Just show up on the appointed day, and when the judge asks if there are any motions prior to the start of the hearing, you will have the opportunity to voice a motion to postpone the consideration of the administrative violation case.
The most common reason for postponing a trial is the absence of a representative. The judge will not be able to reject your petition, since the opportunity to use the services of a defense lawyer is assigned to every citizen at the legislative level. Usually it takes 7-10 days to find the right lawyer, and if you decide to waive your right, then there will be nothing wrong with that - you just show up in court without a lawyer and that’s it, but during this time you will be able to carefully familiarize yourself with each the letter of your business.
Commentary to Art. 158 Arbitration Procedure Code of the Russian Federation
1. Although the arbitration court should strive to promptly consider cases, there are often cases when it is impossible to make a decision based on the results of one meeting. Postponement of consideration of a case is an independent procedural action of the arbitration court aimed at rescheduling the proceedings to another date.
It should be noted that sometimes the postponement of consideration occurs due to the fault of the judge who has not properly prepared the case for trial, due to the fault of the parties and other persons participating in the case who also do not prepare for the hearing, and sometimes deliberately trying to delay the arbitration process. To prevent this kind of facts, entailing a violation of the deadlines for considering cases that clearly detract from the authority of the judiciary, the legislator tried to establish more detailed rules for preparing a case for trial (see commentary to Chapter 14 of the APC), and fairly strict conditions under which the consideration of a case may be delayed.
In Part 1 of Art. 158 of the APC establishes cases when postponing the consideration of a case is mandatory:
- if a person participating in the case did not appear at the hearing, in the absence of information about proper notification of him about the time and place of the trial (see also comments to Articles 123, 124, 153 of the APC);
- when the mandatory deposition is established by the APC, such cases include:
a) absence at the meeting of persons participating in the case, whose appearance was recognized by the arbitration court as mandatory (part 5 of article 158, as well as part 3 of article 194, part 2 and 3 of article 200, part 3 and 4 Article 205, Part 2 and 3 Article 210 of the APC, etc.);
b) non-arrival of translators, experts, witnesses at the meeting in the absence of a request from the parties to consider the case in the absence of these persons (Part 1 of Article 157 of the Arbitration Procedure Code).
2. Since one of the main objectives of legal proceedings in arbitration courts is to facilitate the formation and development of partnerships and business relations, including by taking measures to reconcile the parties and end the case peacefully, if there is the will of the parties to conclude a settlement agreement, the possibility of seeking assistance from the court or an intermediary, including a mediator, filed relevant petitions, the court has the right to postpone the consideration of the case.
3. Postponement of the consideration of a case at the request of one of the persons participating in the case who did not appear at the hearing is allowed only in cases where the reasons for failure to appear are recognized by the court as valid (for example, the presentation by an individual participant in the case of evidence of his illness (certificates from a medical institution ), preventing attendance).
4. The failure of a representative of a person participating in the case (lawyer, employee on staff) to appear is not in itself grounds for postponing the consideration of the case. In each specific case, the court considers the petition and may postpone (but is not obligated to) the consideration of the case only if the reasons for failure to appear are considered valid. Reasons that are usually presented to justify a request to postpone the consideration of a case, such as the representative going on vacation, or the participation of a lawyer who has entered into an agreement with the organization in another process, cannot always be recognized as valid. If the case materials allow the dispute to be considered, the plaintiff or defendant (individuals) or the head of the organization is present at the meeting, the judge, as a rule, rejects the said petition.
5. In part 5 of Art. 158 lists other cases when the court may postpone the consideration of the case, including when it is identified at the meeting the need to request (present) and study additional evidence, perform additional procedural actions: ordering an examination, calling witnesses, sending a letter of request, examining evidence at its location , as well as the occurrence of technical problems when using technical means of communication (dictaphones, computers, video conferencing tools) at the meeting.
In cases where a judge is ill or cannot hold a meeting on that day for other valid reasons, the postponement of the proceedings is made by decision of the chairman of the court, his deputy or the chairman of the judicial panel. The period of such postponement is no more than ten days (working days). If it is not possible to postpone the proceedings within the specified period, the judge must be replaced (Article 18 of the Arbitration Procedure Code).
6. In order to avoid additional court costs, prevent further distraction of citizens from their main activities, and simply out of respect for them, the Arbitration Procedure Code has provided for the possibility of questioning witnesses who have appeared at a hearing, the consideration of which must be postponed by the court for various reasons. The testimony of such witnesses is announced at the next meeting, and they are called back to the meeting only if the need arises. The only condition for interrogation at the hearing, which the court will have to postpone (which became clear before the start of the questioning of witnesses), is the presence of the parties at the hearing. Thus, if the case materials do not contain evidence of notification of the parties about the time and place of the hearing, as well as their failure to appear if it is considered mandatory, the witness cannot be questioned, since this violates the right of the parties to take part in the questioning of the witness.
7. In part 7 of Art. 158 sets the deadline for postponing the consideration of the case - one month. For a period not exceeding sixty days (working days), the proceedings may be postponed only for reconciliation of the parties. Postponing the consideration of a case for a longer period, not permitted by law, is a serious procedural violation that entails for the judge, systematically violating the deadlines for consideration of cases, possible consequences provided for by the legislation on the judicial system and the status of judges.
8. The results of the court hearing, which ended in the adjournment of the consideration of the case, are formalized by a ruling. The determination to postpone the consideration of the case must meet the requirements established by Art. 185 APC. The determination must necessarily indicate the reasons that served as the basis for postponing the consideration of the case, the procedural actions that must be completed by the persons participating in the case before the next meeting, the time and place of the next meeting. There is no possibility of appealing the decision to postpone the consideration of the APC case.
9. As noted above, the determination specifies the time and place of the next trial. The ruling is sent to the participants in the case according to the rules established for sending rulings on the appointment of a trial. At the same time, the persons present at the meeting are notified of the time and place of the new meeting directly at the meeting, when the judge announces the postponement of the consideration of the case, the fact of notification in this case is certified by a corresponding receipt in the minutes of the court session.
At the same time, we should not forget that the APC imposes a requirement for the obligatory sending of a ruling, issued in the form of a separate judicial act, to the persons participating in the case (see commentary to Part 1 of Article 186 of the APC). The mandatory observance of this rule in relation to the determination to postpone the consideration of the case cannot be questioned.
10. The Arbitration Procedure Code allows, in order to save the time of the court and persons participating in the case, to begin the next trial from the moment from which it was postponed, without considering the evidence that was examined in the previous court hearing. But we should not forget that a new trial still begins with the preparatory part: announcing the number and name of the case, the composition of the court, identification and verification of the credentials of persons present at the hearing, resolution of their petitions and statements.
How to make an application to transfer the case to the court at my place of registration and residence?
Good afternoon. How to make an application to transfer the case to the court at my place of registration and residence?
Lawyer Antonov A.P.
Good afternoon
According to Article 33 of the Civil Procedure Code, a case accepted by the court for its proceedings in compliance with the rules of jurisdiction must be resolved by it on the merits, at least in the future it will become the jurisdiction of another court, with the exception of cases of change of jurisdiction established by Articles 26 and 27 of this Code . The court transfers the case to another court of general jurisdiction if: 1) the defendant, whose place of residence or location was not previously known, files a petition to transfer the case to the court at his place of residence or location; 2) both parties filed a motion to consider the case at the location of the majority of the evidence; 3) when considering the case in this court, it turned out that it was accepted for proceedings in violation of the rules of jurisdiction; 4) after the recusal of one or more judges or for other reasons, replacement of judges or consideration of the case in this court becomes impossible. In this case, the transfer of the case is carried out by a higher court. The transfer of cases to be considered in the supreme court of the republic, a regional court, a court of a federal city, a court of an autonomous region or a court of an autonomous district is carried out by a cassation court of general jurisdiction. The transfer of cases to be considered in a court of appeal of general jurisdiction and a court of cassation of general jurisdiction is carried out by the Supreme Court of the Russian Federation. If, during the consideration of a case in court, it turns out that it is subject to consideration by an arbitration court, the court transfers the case to the arbitration court, to whose jurisdiction it is assigned by law. A court ruling is issued regarding the transfer of the case to another court or the refusal to transfer the case to another court, against which a private complaint may be filed. The transfer of the case to another court is carried out after the expiration of the period for appealing this ruling, and in the case of filing a complaint - after the court has issued a ruling to dismiss the complaint without satisfaction. In the cases provided for in paragraph 4 of part two of this article, the determination to transfer the case to another court comes into force from the date of adoption and is not subject to appeal. A case sent from one court to another must be accepted for consideration by the court to which it was sent. Disputes about jurisdiction between courts in the Russian Federation are not allowed. A petition to change territorial jurisdiction is drawn up in free form. It must indicate: 1. Name and address of the court; 2. Your full name, contact details and status in the case; 3. Full name, contact details and status in the case of the other party; 4. Civil case number; 5. The name of the document is a petition; 6. Justification of why it is necessary to change the territorial jurisdiction of the case; 7. Request to transfer the consideration of the case to another court; 8. Date of filing and signature of the applicant; 9. Supporting documents.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
