Judicial notice, court summons, methods of summons to court

What is a subpoena

A subpoena is a document consisting of two parts.
One is handed to the addressee, the second half is torn off and returned by the delivery service to the judicial authority. It is important to take into account that the part of the summons that is torn off is a notice on which the addressee must put a personal signature. Mandatory details of the summons include information about the place and time of the court hearing, as well as the full name of the proceedings.

It should be noted that if the individual who received the summons is a defendant in the case, then along with a notice of the place and time of the court hearing, copies of the statement of claim and accompanying documents will be sent to him. This legislative norm provides for timely familiarization of the defendant with the case materials.

When will a person be notified of a divorce hearing?

Sometimes people, for good reason, cannot attend a court hearing, although they have been notified by their spouse that a claim has been filed in court. Based on this, the question arises: if the wife or husband filed for divorce, when will the summons arrive? You need to know this so that you have the opportunity to change your plans in advance (cancel a trip or have time to return from a long business trip). Russian legislation does not stipulate the exact timing of when a subpoena for divorce arrives. Most often this happens within a period of 2 weeks to 1 month from the day one of the spouses filed for divorce.

Types of subpoenas (forms)

According to the instructions for judicial proceedings approved by orders of the Supreme Court of the Russian Federation dated April 29, 2003 No. 36, there are 6 types of subpoenas, with different levels of responsibility:

1. Subpoena in a criminal case (Form No. 28) Summoned to court as a defendant. Is there liability? If the defendant fails to appear without good reason, the court, on the basis of Art. 247 of the Code of Criminal Procedure of the Russian Federation has the right to bring a person who fails to appear, as well as to choose or change a preventive measure in relation to him.
2. Subpoena in a criminal case (Form No. 29) Called as a witness. There are no consequences for no-show.
3. Subpoena in a civil case (Form No. 30) Summoned as a defendant or plaintiff. Consequences: If the defendant, notified of the time and place of the court hearing, fails to appear, if he did not request to consider the case in his absence and did not inform the court about valid reasons for the failure to appear, the court has the right to consider the case in the absence of the defendant. In case of failure of the plaintiff to appear, who did not ask for the case to be heard in his absence, did not appear in court on a second summons without good reason, and in the absence of the defendant’s request to consider the case on its merits, the court leaves the application without consideration (Article 222 of the Code of Civil Procedure of the Russian Federation). If the parties fail to appear without good reason for a second summons, the court leaves the application without consideration if it does not consider it possible to resolve the case based on the materials available in the case (Article 222 of the Code of Civil Procedure of the Russian Federation).
4. Subpoena in an administrative case (Form No. 30-a) Summoned as an administrative defendant. Liability: In case of failure to appear at a court hearing without good reason, persons whose participation in the consideration of an administrative case is mandatory by law or recognized by the court as mandatory, may be subject to a fine in the manner and amount provided for in Articles 122 and 123 of the CAS of the Russian Federation. In case of repeated failure to appear at a court hearing without a good reason, a duly notified administrative defendant who is not vested with state or other public powers and whose presence at the court hearing is mandatory by law or recognized by the court as mandatory, may be brought to court (Article 120 of the Russian CAS Federation).
5. Subpoena in a civil case (Form No. 31) Summoned as a defendant or plaintiff. There are no consequences.
6. Subpoena in an administrative case (Form No. 31-a) Summoned as an administrative witness. There is no responsibility.

There are two more forms for administrative proceedings, but they are extremely rarely used.

Service of subpoena

According to Article 116 of the Code of Civil Procedure of the Russian Federation, a judicial summons addressed to a citizen is handed over to him personally against a signature on the counterfoil of the summons to be returned to the court. A summons addressed to an organization is handed to the appropriate official, who signs for its receipt on the counterfoil of the summons.

If the addressee does not receive the subpoena in person due to absence at the specified address or due to other circumstances, the postal worker or courier makes a corresponding note on the notification. A similar recording is made in the event of the addressee’s refusal to accept the summons.

If a citizen is summoned to court in a case on recognizing him as incompetent or partially capable, a note is made on the summons about the need to serve such a summons to the addressee in person. Serving a summons in a case declaring the addressee incompetent or partially capable to other citizens is not permitted.

It is also important to understand that receiving a notice and continuing to ignore it entails legal liability in the form of a fine. Even if the recipient ignores the subpoena a second time, this is not grounds for dismissal of the case. The court has the right to begin consideration of the proceedings even in the absence of the defendant.

Sample subpoena

When to get a divorce through court

Divorce through the registry office (civil registry office) can be made for spouses who do not have common children under 18 years of age and both wish to dissolve the marriage union (form No. 8).

It is also possible for a couple with minor children to divorce (form No. 9) or unilaterally if:

• the court recognizes one of the spouses as missing or incompetent;
• if the spouse was sentenced to imprisonment for a term of more than three years.

In other cases, to file for divorce you need to go not to the registry office, but to the court. The court also decides issues regarding the assignment of alimony and the division of jointly acquired property, so if a couple wants to resolve such issues simultaneously with the consideration of the divorce case, then they must also submit an application for divorce to the court, and not to the registry office. To do this, you need to fill out form No. 10 in the court office.

The court decides such issues as the division of property and assets, the procedure and amount of alimony payments, the order of meetings with the child and his place of residence, eviction and removal of the ex-spouse from the living space.

How should a subpoena be issued?

The appearance of the agenda is quite difficult to describe. In principle, this is an ordinary piece of paper, which at the top has the name “court summons for such and such a case,” and the case number must be indicated. The text of the summons itself must indicate in what capacity the person is being summoned to court - witness, defendant, third party, expert, etc. Contents of the summons:

1. The name and address of the court where you will need to appear after receiving the summons;
2. The date and time of the court hearing must be indicated;
3. The details of the addressee who is summoned to the trial are indicated;
4. Information on the case that will be considered at the court hearing is indicated.

As for the subpoenas that are sent to the persons participating in the case, in this case copies of documents are necessarily attached, which act as a kind of evidence in the case. Information about the liability that is possible in case of refusal to appear in court is also indicated. That is, if the defendant or plaintiff refuses to attend court without good reason, then fines may be imposed on them. If a participant in the case is unable to attend the trial, he may file a petition to postpone the court hearing.

What does a summons for questioning look like?

You need to understand what this document looks like. It is compiled using typewritten text. The following must be there:

1. In the upper left corner there is a stamp of the organization from which the summons is sent, the date of preparation and the number of the outgoing document.
2. In the upper right corner you must indicate to whom the letter is being sent.
3. The title is “Summons to Summon for Interrogation.”
4. Below is a text indicating where and what time you need to appear, and what documents you need to have with you.
5. Informing about the possibility of inviting a lawyer, in accordance with the provisions of Article 50 of the Code of Criminal Procedure of the Russian Federation.
6. Informing about the consequences of failure to appear.
7. FIL of the official, his title and position, as well as personal signature.
8. Method of transmitting information, date and time of delivery.

Summons for questioning - sample

The document must bear the seal of the organization. This way, the person being called will understand that it is an original and not a fake.

Agenda and its meaning

It is very important that the subpoena is sent in advance. If no one at your place of residence has accepted the summons, it can be sent to the participant in the process at work. The summons is usually sent by mail with notification. That is, after receiving the letter, the participant in the process is required to sign for its receipt. From this moment on, a person’s responsibility for attending court is formed. If a person has not received a summons, the court hearing may be postponed altogether. If a person filed a petition that he cannot attend the meeting, then in this case the court may decide to postpone the case or consider the case without the presence of the party, if the other party agrees.

How can third parties, without independent demands, help win a dispute?

Additional participants can be involved in the business only on a legal basis confirming this need. reasons for inviting outsiders :

1. A person files a claim on his own. The submitted application is examined by the court and a decision is made on the basis of which the person is involved or not in the process.
2. One of the parties independently submits a petition to invite a witness to this proceeding.
3. The court determines that a person has important information that can significantly influence the decision-making process, and independently involves a third party without the consent of all participants.

If the witness has his own views and interests regarding the subject of the dispute, then a third party appears in court with rights and responsibilities that are the same as those of the person filing the original complaint. It has the ability to:

1. Have access to all materials and study them, photograph documents and make copies of them;
2. Present evidence to the investigation;
3. Ask possible questions to all participants and those who assist during the investigation;
4. Submit petitions;
5. Have a dialogue with the court;
6. Provide arguments in support;
7. Disagree with opposing opinions and participants;
8. File an appeal if you disagree with the judge’s verdict;

The rights of third parties in civil proceedings are distinguished by a single, but most significant point - they do not have the opportunity to change the original statement of violation of rights or even withdraw it. When a witness does not put forward his demands on the subject of the dispute, his rights are limited by the rights of ordinary participants in the process.

This is interesting! Who is an improper defendant in civil proceedings: Code of Civil Procedure of the Russian Federation, Art. 41

All actions that relate to the disposal of the subject of the original disagreement are prohibited for third parties to the case . These include:

1. Change the reasons for filing a complaint or its subject;
2. Change the requirements set out in the complaint and their size;
3. Refuse a previously submitted application;
4. Admit you are wrong and sign an agreement with the opposite party.

Third parties are not a party (parties: plaintiff and defendant), i.e. no requirements are imposed on them. They only support one of the parties or make independent demands.

how to behave? In principle, you don’t have to appear at the trial—nothing will change whether you participate in the process or not.

Can the insurance company then ask me for legal costs and payment for repairs or will the insurance pay off this? You are called as a third party, because... The court's decision may affect your interests.

It should be said that third parties in civil proceedings (examples of judicial practice confirm this fact) are always interested in the outcome of the proceedings. Moreover, their desires do not always coincide with the requirements of one of the parties (defendants, as a rule). It should be noted that there is another interest pursued by third parties in civil proceedings.

Civil case

Since 2002, in the Russian Federation, thanks to the Civil Procedure Code, it has become legal to conduct a hearing of a case without the personal presence of both the author of the statement of claim and the defendant, in certain cases even without representatives of both parties. Of course, in practice, each participant must be notified of the planned meeting, but he has the right not to attend it if there are good reasons for this.

After some time, additions were made to the article: the trial can be held without the defendant 3 times in a row, and at the fourth meeting the case can be considered without him.

The interested parties in a civil case are both the plaintiff, who knows about the date of the trial from the clerk, and the defendant, who theoretically received a subpoena. Some courts (for example, Primorsky) practice remote access to information and post information on their special website. As a result, the defendant is often left in the dark and risks knowingly losing the case.

Procedure for issuing subpoenas

This procedure is described in:

• Civil Procedure Code (Civil Procedure Code);
• government decree “On approval of the rules for the provision of postal services”;
• set of rules for judicial proceedings.

The Code of Civil Procedure states that all interested citizens are invited to court by means of an official letter (registered) or a subpoena with notification of receipt by the addressee. Telegrams, telephone messages and other means of communication are considered alternative methods of notification, thanks to which the attendance of all interested citizens is ensured.

Phone call

A telephone message is one of the most accessible, but also the least provable options for summoning to court. It is difficult to track and confirm the call. It should be noted that the Code of Civil Procedure pays a lot of attention to official notification, but there is no information about situations when we are talking about a telephone call, the fact of which must be proven. All provisions of the code in question, reflecting the procedure for serving a subpoena, lose force in a controversial situation, because the information there is more suitable for subpoenas transmitted on paper rather than by telephone.

Another alternative to informing a citizen is a telegram, which is delivered personally or can be received at the post office. This method is used to notify those who are afraid of the word “agenda”, but do not ignore telegrams. The time of its delivery is prescribed by the postal representative.

What are state and public responsibilities?

By virtue of Part 1 of Art. 170 of the Labor Code of the Russian Federation, the employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of the performance of state or public duties if, in accordance with the Labor Code and other federal laws, these duties must be performed during working hours.

Two obligations of the employer in relation to such employees follow from this provision:

1) release them from work;

2) keep their place of work.

What are state and public responsibilities? The Labor Code refers to them, in particular:

– participation of workers in collective negotiations, preparation of a draft collective agreement, agreement ( Article 39 );

– consideration of labor disputes as a member of the commission ( Article 171 );

– donation of blood and its components as a donor ( Article 186 );

– participation of members of elective collegial bodies of trade union organizations who are not exempt from work, as delegates in the work of congresses, conferences, participation in the work of elective collegial bodies of trade unions, and, if provided for by a collective agreement, also short-term trade union training ( Art. 374 );

– participation in the resolution of a collective labor dispute by employees who are members of the conciliation commission, labor arbitrators ( Article 405 ).

Other federal laws include such responsibilities:

• carrying out and ensuring emergency rescue and other urgent work in the event of mobilization;
• fulfilling the duties of a registered candidate for an elective position to be filled in a state authority or local government body;
• performing the duties of a member of an election commission or referendum commission to participate in the preparation and conduct of elections, referendums;
• performance of military duties, including calling to the military registration and enlistment office, medical examination, military training, etc.;
• participation of teaching staff in the Unified State Examination;
• participation in fire extinguishing or service (duty) by volunteer firefighters;
• appearance before the bodies of inquiry, preliminary investigation, prosecutor's office, tax inspectorate or court as a witness, victim and his legal representative, expert, specialist, translator and attesting witness;
• performing the duties of a jury or arbitration assessor.

Enforcement proceedings

The work of bailiffs is often associated with the seizure of property due to non-payment of a monetary debt or fine. If a citizen was absent from the court hearing and did not receive summonses and notices, he has a chance of seeing representatives of the enforcement department in 7 days on the threshold of his home. Officially, after the ruling is made, a seven-day period is given to voluntarily repay the debt or to file an appeal in court (extension of the appeal period).

If it turns out that the court hearing took place without the presence of the defendant and without his knowledge, if you disagree with the decision made, you must urgently contact the court with a request to reconsider the case. During this time the bailiffs will not bother you.

Civil cases considered without the presence of the person responsible for the statement of claim were most often initially opened at the request of banks, the tax service, and collection agencies. In such relatively obvious cases, the guilt of the defendant, who is the debtor, is proven quite simply. In the case of the plaintiff represented by a company whose activities are based on insurance of human life, health and property, the story is different.

Here it is recommended to find out how the office notified the interested parties, and based on what evidence the judge considered the outcome of the case obvious. A civil subpoena is no less important than other types of cases and must be served on the defendant prior to the hearing date to allow time to prepare supporting documentation as evidence.

Who can be a witness under the Code of Civil Procedure?

There is no point in calling a witness if his testimony is not initially accepted as evidence. Also, a certain circle of people generally do not have the right to testify in civil proceedings, so the court will most likely refuse to satisfy the petition. Article 69 of the Code of Civil Procedure of the Russian Federation prohibits calling as witnesses to the trial:

• representatives of the parties, lawyers - in terms of information that became known during the performance of obligations to the client;
• judges, jurors - regarding the issues discussed when making decisions and sentences;
• ministers of religious organizations - in terms of information that became known to them during confession;
• arbitrators and referees - if the information was received by them in the performance of their duties.

Note! In civil proceedings there are much fewer prohibitions on calling witnesses than in the Code of Criminal Procedure of the Russian Federation or the Code of Administrative Offenses of the Russian Federation. This is due to freedom of evidence and the principle of adversarial law in civil disputes.

There are a number of special rules that allow citizens to refuse to testify without any consequences. For example, you can refuse to provide information against yourself. Spouses and other relatives are not required to testify against each other. A complete list of such exceptions can be found in Art. 69 Code of Civil Procedure of the Russian Federation.

Legal advice . In Art. 70 of the Code of Civil Procedure of the Russian Federation establishes the obligation of a witness to come to court and testify on the merits of the case. However, in practice this does not always work. Unlike criminal cases, courts in civil disputes rarely engage in forced arrest or the involvement of bailiffs. The adversarial principle of the parties also applies here. If you are interested in the testimony of a specific witness, it is you who needs to ensure his appearance.

Hiding from notice

In administrative cases, they are faced with the defendant’s reluctance to receive subpoenas. This approach to the case is chosen to avoid administrative liability due to failure to appear. The statute of limitations for consideration of such hearings is 2 months, and if during this period the case through the fault of the defendant was not brought to completion, the latter wins. Amnesty for an administrative violator occurs in case of failure to appear for a good reason, but if the hearings have already been officially scheduled, on the fourth day the judge will make a decision without the defendant.

Grounds for filing an application

The basis for filing a petition is the material and legal relations between the person involved and the parties.
The presence of legal facts due to which legal relations can be terminated or changed is also taken into account. Attention! A common situation is filing a recourse claim against a third party. For example, a citizen files a claim against a seller for defective products. The seller, in turn, involves the manufacturer as a co-defendant by filing a corresponding petition.

Judicial summons - judicial notice

One form of judicial notice is a summons with return receipt requested. Using this tool, the parties are informed about the time and place of the court hearing. Or about performing certain procedural actions. By means of a judicial notice, witnesses, interpreters, experts and specialists are summoned to the court. A summons is always a written form of judicial notice, and in a strictly established form.

The court may send copies of documents along with the subpoena. Now the plaintiff himself is sending a copy of the claim and documents to the participants in the case. And in most cases, the parties hand over evidence in advance. However, when filing a private complaint or supervisory complaint, the court sends documents to other participants in the case. The first subpoena comes with a ruling to accept the claim for proceedings.

In a subpoena, the court invites the addressee to present all available evidence in a civil case, determines the range of circumstances to be established and proven in the process, and explains the consequences of refusal to receive a subpoena (the person is considered to have been notified of the events set forth in the subpoena).

How to draw up a petition to involve third parties?

In order for a petition to be accepted by the court, it must be drafted correctly. Below is the procedure and example of the document.

Form and content

The document is drawn up in simple written form.

When submitting an application, you must provide the following information:

• the name of the judicial authority that will consider the application;
• details of the judge conducting the trial;
• information about the plaintiff (last name, first name, patronymic, residential address, contacts);
• details of the defendant (last name, first name, patronymic, residential address, contact details);
• details of the case (if it has already been accepted for proceedings and has a number);
• whether the citizen has an interest in the case under consideration;
• date of preparation, signature of the applicant.

Sample

The petition is drawn up by analogy with other similar appeals. It is important to comply with all legal requirements. You can prepare the document yourself. To do this, use this example:

Download a sample application for the involvement of a third party

How is a court notice served?

The court notice must be served on the addressee in a manner that allows the fact of service to be established. It is sent to the address specified in the claim. In this case, as a general rule, notices are not sent to the representatives of the parties - it is assumed that the party whose interests he represents will inform them about the place and time of the procedural actions. The postal service delivers the court notice to the addressee - this is what the Law says. In fact, the service will leave the subpoena in the mailbox, and the recipient must personally pick up the documents at the post office. Moreover, the storage period for a court notice is 7 days.

Persons who live together with a participant in the process may be served with a summons only with their consent. The exception is when it comes to recognizing a citizen as incompetent or partially capable. In such cases, the summons is served exclusively on the person against whom the case will be heard. If a person refuses to receive a summons, a corresponding entry is made on it. And the court considers the person to have been properly notified.

Rules regarding the timing of sending and receiving court notices are extremely important. Article 113 of the Code of Civil Procedure of the Russian Federation stipulates that the court sends judicial notices in advance. So that the recipient can familiarize himself and prepare for the consideration of the case. When the parties or other participants in the case have not received notice (other than the expiration of the retention period), the court is obliged to adjourn the hearing. And if he considers the case and makes a decision, then when appealing, such a person can count on the unconditional cancellation of the decision.

Delivery of the summons to the summoned person

It is necessary to understand how the process of transmitting a subpoena occurs. The law provides for several possibilities, which are specified in Part 2 of Article 188 of the Code of Criminal Procedure of the Russian Federation.

1. Personally against signature. If the person being called is absent for some reason, then the recipient can be any relative who lives together. This is a standard method that involves the official going to the summoned person's home and serving a summons. The latter must sign for receipt. However, it is quite rare to use this method, since many do not live at the place of registration.
2. Using available means of communication. Mail, phone, instant messengers, phone call. However, this method raises many questions among lawyers, since it is not clear who is really transmitting the message. When making a call, it can be difficult to prove that the official conveyed information, so they often try to use instant messengers. There is a read mark there. But you need to know who owns the phone.
3. By mail at your place of work. If it is impossible to establish the actual location of the person being called, you can transmit the message through the employer. The letter is sent to the address of the company or delivered personally by an official to the person responsible for receiving the correspondence.
4. On behalf of officials, it is transferred to organizations that are obliged to provide the document directly to the recipient. For example, it is known that a particular citizen must appear for a medical examination at a certain time. Then it is allowed to provide the document to the doctor who will examine this person.

Extract from Article 189 of the Code of Criminal Procedure of the Russian Federation

It is worth understanding that recipients do not always want to receive this letter. Therefore, law enforcement officials have to be creative. For example, they leave it with neighbors, put it under the door, and so on. At the same time, everything is recorded on camera, so that later it cannot be said that the letter was not received.

Important! The subpoena must be served only by legal means. If you use methods that violate the provisions of the current legislation, then the fact of delivery is recognized by the court as invalid. As a result, the information obtained during the interrogation is also rejected by the court and is not attached to the case.

If a minor is summoned, then it is necessary to act through legal representatives.

Criminal Procedure Code of the Russian Federation

Types of court notices, methods of summons to court

Judicial notices can also be made in the form of telegrams and telephone messages. And in other ways that allow you to record the delivery of information to the addressee. The court now uses SMS notifications and calls very actively.

Court notices in the absence of information about the whereabouts of a person. What to do in a situation where a person does not live in the place indicated by him or at the place of registration? The court will consider the case only after receiving information about the absence of information about the person from his last place of residence. Make requests to the authorized bodies for registration of a person at the place of residence in the Russian Federation.

The court can put a defendant on the wanted list only in certain types of cases: if we are talking about protecting the interests of the Russian Federation, collecting alimony, or in cases of compensation for harm to health or in connection with the death of a breadwinner, in cases of exercising parental rights: when a child is illegally kept in Russia, interfere with meetings, etc. Moreover, in cases of exercise of parental rights and responsibilities, the court can put both the defendant and the child on the wanted list.

Having received a court notice, do not panic: if there is not enough information, file a petition to familiarize yourself with the case.

Special cases

In the literature, along with legal interest, actual interest is also distinguished. It does not apply to the parties to the dispute (defendant and plaintiff). Meanwhile, actual interest will not matter for most participants in the process. However, for some subjects it can become a serious obstacle. For example, one of the participants in the proceedings is a relative of the prosecutor. The latter, accordingly, may have a conflict of interest. And this, in turn, calls into question his participation in the case. In this case, the prosecutor will act as an actual interested party, which is contrary to the principles of proceedings.

Is it possible to appear in court without a summons?

You can appear in court without a summons, but then you will need to explain to the court why you do not have a letter with a summons and how you were notified of the date and time of the court hearing. The main thing is that you, as a participant in the process, appear in court, as this plays to your advantage and there is a chance of winning the case. If you know that the case will be lost, then you can send a notice to the court that the case will be considered in your absence and attach documents confirming your failure to appear for a good reason, and the presence of the summons itself is not a prerequisite if you are planning to go to court on one's own. It is important for the court to know whether you were notified of the hearing or not.

A summons before the appointed court date arrives by letter in advance, but provided that there are no interruptions in the work of the Russian Post, then there will be time to receive a registered letter with a summons, and of course, prepare for the court, as well as familiarize yourself with the materials of the criminal or civil case.

Third parties not making independent claims

The classification is carried out according to the degree of interest of the participants. Thus, third parties in civil proceedings can be of the following types:

1. Making their own demands.
2. Not making independent claims.

Third parties in civil proceedings, the concept and types of these participants are quite clearly described in the Civil Procedure Code. The party making the claim is specified in Art. 42. The second category is described in Art. 43.

Let's look at the common features of third parties. Thus, third parties are those persons participating in the case who enter into the initiated civil process and have a certain legal interest in the outcome of the case due to the influence of the court decision on their rights and obligations. The importance of the participation of third parties in civil proceedings is determined by a number of circumstances.

Firstly, this is the path to a correct and reasonable resolution of the case, as it allows you to establish all the circumstances of the case, collect together and examine all available evidence. Secondly, this is a means of procedural economy, since when considering, for example, recourse claims, there is no need to re-establish the facts reflected in the decision on the original claim.

Such third parties include entities who enter into already ongoing proceedings by filing a statement of claim on a general basis. The purpose of participation is to protect one’s own legitimate interest. It consists in the desire to achieve an award of the subject of the dispute or recognition of the right disputed by the original parties.

In Art. 43 of the Code of Civil Procedure provides that third parties have the opportunity to intervene in ongoing proceedings if its outcome may affect their obligations and rights in relation to any party. For example, if an item of clothing goes missing from the wardrobe, the person responsible for the safety of things (wardrobe) is interested in participating in the consideration of the case regarding the claim of the visitor (owner) to the theater.

In this case, a third party enters into the process in order to prevent a recourse claim from being brought against him if the initial requirements are satisfied. That is, the amount (in whole or part) of compensation to the visitor may be deducted from the responsible person. As can be seen from the example, the third party has no independent requirements.

Third parties may intervene in the case on their own initiative or on the basis of a petition from one of the parties, the court or the prosecutor. Involvement of a new participant is allowed before a decision is made. If a third party enters into the proceedings on his own initiative, he submits a corresponding application. The state duty is not paid. The admission of a third party to the proceedings is formalized by a court ruling.

In most cases, civil litigation is a dispute between two individuals, with the judiciary as the independent arbiter making the final verdict.

But sometimes it is necessary to involve additional participants in the procedure. To do this, you need to fill out and submit to the judicial authorities a petition to involve a third party.

Read more about the preparation of this document later in the article.

As a rule, a third party is brought in by the plaintiff or defendant in order to gain a certain advantage in the litigation. However, the interests of the involved participant may not always coincide with the interests of the parties to the proceedings.

Distinctive features of third parties in legal proceedings:

• They are not the initiators of the case.
• They have legal relations only with the plaintiff or defendant.
• The court decision may affect them too, to a certain extent.

In certain cases, new participants are brought into proceedings to assist the court. For example, if the testimony of a witness brings transparency to the case under consideration and supplements the list of evidence.

Thus, citizens who are, to one degree or another, related to the case can be involved in the trial, and their testimony will help clarify the situation.

What happens if you don't appear in court?

Still, if you have already received a summons, then you either need to come to court or send a corresponding notice about the impossibility of appearing at the court hearing, otherwise the court may think about delaying the case, and this is not very good. Also, if the court makes a ruling that the attendance of a participant in the process is mandatory, then the trial will be postponed very often and for a long time, and the person who was issued an obligation to appear will be forcibly brought to court or fines will be imposed on this participant in case of evasion.

The court sometimes sends a subpoena to your place of work, if it was not possible to serve the subpoena at your permanent registration address, but it also comes to the point that the letter carrier can hand over the subpoena to you personally and notify you of the court case. Of course, if the case concerns an administrative offense, then more often the courts make decisions in absentia, but it’s better not to let things get to that point, but it’s advisable to defend your rights and win!

How third parties without independent demands can help win a dispute

Having received an offer from his counterparty to pay his debt to a third-party organization, any novice businessman will ask himself several questions. How legal is this? Is it possible to refuse such an offer? And will the inspection authorities have any complaints about this?

In accordance with Article 313 of the Civil Code, the debtor may entrust the performance of his duties to a third party , if laws, other legal acts, the essence and conditions of this obligation do not oblige the debtor to fulfill it personally. In practice, in most cases there are no restrictions on payment by a third party for the debtor. And the creditor is obliged to accept such payment. Moreover, now you can even pay taxes for a third-party organization.

Does a company have the right to refuse to pay its counterparty’s obligations to another organization? Of course, there is, unless otherwise specifically stated in the contract. No one can force a company to transfer its funds to a person with whom it does not have a contractual relationship , not even an arbitration court.

However, is it worth abandoning this option? Today, payment of obligations by a third party is not uncommon.

An application for waiver of claims is submitted to the court considering your case. You can submit it through the court office or directly during the trial, when the judge asks the parties if they have any motions. The right to submit such an application is secured by the legislator in Art. 39 Code of Civil Procedure of the Russian Federation

The plaintiff has the right to change the basis or subject of the claim, increase or decrease the amount of the claim, or abandon the claim, the defendant has the right to admit the claim, and the parties can end the case with an amicable agreement.

Clause 1 of Article 39 of the Code of Civil Procedure of the Russian Federation

After which the judge makes a ruling to terminate the proceedings.

The court terminates the proceedings if: the plaintiff renounces the claim and the refusal is accepted by the court;

Art. 220 Code of Civil Procedure of the Russian Federation

The statement of refusal of the claim must indicate that:

The refusal was declared by me voluntarily, the consequences of refusal of the claim are provided for in Article 221 of the Code of Civil Procedure of the Russian Federation, that if the refusal of the claim is accepted, the proceedings in the case are terminated by a court ruling, in this case, re-applying to the court in a dispute between the same parties, about the same subject and on for the same reasons it is not allowed, I know.

Yes, the court may refuse to terminate the proceedings, for example, if the case affects the rights of third parties.

The court does not accept the plaintiff’s refusal of the claim, the defendant’s recognition of the claim, and does not approve a settlement agreement between the parties if this is contrary to the law or violates the rights and legitimate interests of other persons.

Clause 2 of Article 39 of the Code of Civil Procedure of the Russian Federation

In court, there is often a clash of different interests of two parties, but if the procedure becomes more complicated, then people are brought in who can provide important information to the court, and are called third parties. They can also act on their own initiative. Why was this name given to them? Because they do not have common interests with the parties.

A 3rd person is a person who protects his own personal interests in a case that was opened thanks to complaints from outsiders. In legal proceedings, there are two types of such participants:

• who speak directly of their own interest in the subject of disagreement;
• who treat the dispute without personal interest and do not benefit from the judge’s decision.

The first type joins the proceedings after they have begun and brings a claim against one party (or two at once). Such persons immediately assume the rights and obligations of the injured party.

But the second type is directly involved in one position and cannot change it.

They are attracted by the court itself, they can act for personal reasons or at the request of any of the parties already in the middle of the process, if their information may influence the final decision.

Called as a witness and what happens if you don’t show up?

The law is structured in such a way that witnesses are the most significant participants in the process and without their testimony, a criminal or civil case can be considered from different angles, and here the court always warns witnesses who appear in court about criminal liability for giving false testimony and I want to note that the plaintiff and defendant there are no warnings about criminal liability, so I think it is now clear that for a correct and fair decision by the court, it is desirable that there be witnesses in the case, and preferably more than one. However, if you have received a summons for a criminal case, and the person who is being accused is not at all familiar to you, then it is better not to refuse to go to court, since in this case you may be forcibly brought to court.

We can talk for a long time about subpoenas, letters, correct notifications, but the main thing here is the timing of notifications and your control. If you don’t know what to do, then write to me and we’ll think about what to do, since everyone has their own case and it is individual and do not delay in resolving the issue in civil and especially criminal cases.

Is it possible to call witnesses without a petition?

Participants in a civil case can ensure the appearance of witnesses themselves, without prior notice to the court. However, to testify, you still need to make an oral or written request directly at the hearing. Until such a request is granted by the judge, the witness will be allowed into the hearing room. As with standard rules, the court must prove that the testimony will be relevant to the case. If the request is granted, the witness will be invited into the courtroom to provide explanations.

For any questions related to filing petitions and calling witnesses to court, you can get advice from our lawyers. We will explain the rules of law and judicial practice, and help you fill out the documents correctly. Contact us, we will find a way out even in the most difficult situation!

Delivery and service of summons

A subpoena, like any judicial notice, can be delivered in several ways - by mail, by a participant in the process, or by a police officer.

Transfer of judicial notice

A summons sent by mail must be sent no later than the next day on which the date of the court hearing becomes known. For example, a court notice of the date of the first court hearing must be sent no later than the next day from the date the court issues a ruling to accept the claim for proceedings. The summons for the next trial must be sent no later than the next day after the last court hearing. When sending a subpoena, the judge must calculate the delivery time so that the participant in the process has time to prepare for the process.

Let's look at the most common questions about judicial notice by mail.

How does the court issue a subpoena?

A subpoena, like any court correspondence, is sent by registered mail with return receipt requested. The shipment occurs without a description of the attachment.

How long does it take for a subpoena to be mailed?

A subpoena is classified as judicial correspondence, so its delivery rarely exceeds 10 days. Since court hearings are scheduled at intervals of 2-3 weeks, the specified period is sufficient for delivery of the summons.

How long does a subpoena remain in the mail?

The period from the moment the summons is received at the post office until it is returned back is seven calendar days. After the expiration of the specified period, the court envelope is returned to the court indicating the reason for non-delivery.

Can another person receive a subpoena?

As was written above, a judicial notice is a full-fledged procedural document that affects the rights and obligations of a particular citizen. A judicial notice can be received either by the citizen himself or his representative by proxy. A power of attorney from a citizen to receive a subpoena must be notarized.

What to do if the postal service returned the subpoena after the expiration of the retention period?

First of all, you need to find out at the post office the postal identifier number of the letter with which the court correspondence was sent. Knowing this number, you can find out the sender on the Russian Post website. Then, knowing which court the notice came from, you need to go to the court’s website and in the “Judicial Proceedings” section, in the “Participants” column, enter your first and last name. As a result of the search, you will find out the case number, who the plaintiff is and the essence of the case. Thus, if the post office returned the envelope, you can always find a reason for sending a legal notice.

The purpose of a subpoena is not only to notify the litigant, but also to convey to the judge information that the litigant is aware of the lawsuit and has been properly notified of it. Only after receiving a document stating that a person has received a subpoena, the judge has the right to begin considering the case on the merits. Correct and timely notification of the defendant is within the scope of the plaintiff’s procedural interests; in this regard, the plaintiff himself or his representative may assume the procedural obligation to serve the summons. In this situation, the judge or clerk issues a subpoena to the plaintiff, and the plaintiff gives the judge a receipt “for service.” If the plaintiff manages to serve the court notice, then he returns the counterfoil of the summons to the court, and if it was not possible to notify the defendant, then the plaintiff returns the summons in full and a note is made about this in the minutes of the court session.

When the consideration of a civil case has been delayed and the procedural time limits allocated for consideration of the case are violated due to the defendant’s failure to appear, the judge has the right to resort to the assistance of police officers. To do this, a summons with a covering letter is sent to the district police officer. In the covering letter, the judge indicates the need to provide assistance in serving court correspondence to a certain citizen living at a certain address. The summons, accompanied by a letter, may be sent by mail or served on the plaintiff in a sealed envelope for delivery to the police department. After receiving the envelope, the police officer must go to the defendant’s place of residence and serve him with the court notice. If the defendant is not at home or refuses to receive the summons, the district police officer must draw up a report about this and send it back to the court.

If the citizen who must receive a subpoena is not at home, and other citizens live at his place of residence, then the postman or local police officer can hand over the subpoena to these citizens for subsequent transfer to the party to the process. Upon receiving a summons for transmission, a citizen signs in the appropriate box on the counterfoil of the summons and assumes the procedural obligation to notify the participant in the proceeding.

What to do if a citizen does not submit a subpoena?

If a citizen who received a summons for transfer forgot to hand it to the addressee, then the citizen will not be notified of the court, and accordingly all procedural consequences associated with failure to appear in court will occur.

What is the liability for failure to serve a subpoena?

At the moment, the current legislation does not contain any liability for failure to fulfill the procedural obligation to serve a subpoena. In criminal or administrative proceedings, failure to appear in court without a valid reason may result in the forced arrest of the summoned party. There is no such procedure in civil proceedings.

If a person refuses to receive a summons

In a situation where a participant in the process deliberately refuses to receive a subpoena, the postman or local police officer will record this. The postman makes a note about the refusal to receive it on the envelope itself, and the district police officer draws up a separate act. The procedural law strictly applies to such participants in the process and obliges the judge to consider such a citizen to be properly notified of the time and place of the trial, having considered the case without his participation.

Right of passage to the courthouse

All courts have a strict access regime and citizens can only be there for a clearly defined purpose. A court notice will allow a citizen to freely visit the courthouse and take full part in the judicial process. If you do not have a subpoena, then when entering the court you will need to clearly tell the bailiffs the name of the judge and what case you are on - if you have a subpoena, this will not be required.

Right to leave work

A summons to court provides the right to leave the place of work during the court hearing. To do this, you do not need to ask the employer for additional time - just show the summons.

To prevent conflict situations with the employer, we recommend that at the end of the court hearing you go to the secretary and ask to put a mark on the agenda about the time you spent in court. While a person is participating in the trial, his job is retained. The obligation to appear in court on a summons cannot be limited by anyone. If the employer does not release the employee to court, then he violates the Labor Code of the Russian Federation, since release from work during the court hearing is not a right, but an obligation of the employer. At the same time, the employer is not obliged to pay for this time. We will talk about this in more detail below.

Payment for subpoena

Participation in a court hearing on the basis of a subpoena requires a large amount of time and this time must be paid. Depending on the capacity in which the citizen is called, various legal payment mechanisms are applied.

Payment under a subpoena when summoned to court as a plaintiff

A plaintiff who wastes time in litigation has the right to compensation for the time spent based on his average monthly salary or income. If the plaintiff does not have documented income, then the calculation of payment under the summons is based on the calculation of the average salary in the region. Such payment is in the nature of compensation for losses and is made in the event of satisfaction of the claims, subject to the submission of the corresponding claim.

Payment under a subpoena when summoned to court as a defendant

If claims are brought against you and you successfully defended your rights, then getting compensation for loss of time will be problematic. Procedural legislation indicates that it is possible to receive payment for a summons only after the completion of the consideration of the case and after the court decision has entered into legal force. Compensation for loss of time is made by submitting a separate application. The defendant will need to prove that the claim brought against him was unfounded and it was stated in bad faith. If no questions arise with the concept of “unreasonably,” then what constitutes “bad faith” is still debated in the courts.

Payments to a witness when summoned by subpoena

Participating in a trial as a witness gives you the right to claim compensation for expenses not only for the time spent, but also to demand compensation for travel and accommodation expenses. Payment of such compensation does not depend on the size of the witness’s income and is made in amounts established by the state.

Sources

• https://malina-group.com/povestka-v-sud/
• https://resheniya-sudov.ru/stati/kak-vyglyadit-povestka-v-sud-781/
• https://BusinessMan.ru/sudebnaya-povestka-obrazets-pravila-vrucheniya.html
• https://iskiplus.ru/sudebnoe-izveshhenie/
• https://tvoizakon.ru/kak-prihodit-povestka-v-sud/
• https://www.stolica-prava.ru/sudebnaya_povestka.html

Expenses reimbursed to the employee.

What kind of compensation he is entitled to for the period of performance of public duties and who pays it depends on the status of the employee if he is summoned to court or other authorities. For clarity, we present this information in a table.

Note:

Payment of average earnings is carried out only by the employer at the main place of work, since this is established by the relevant federal law, in particular, Part 3 of Art. 7 of Federal Law No. 70-FZ, Part 3, Art. 131 Tax Code of the Russian Federation. This rule does not apply to witnesses in an arbitration case.

Payment to an employee of average earnings by a government agency is carried out based on the actual time spent on performing duties by these persons and their average daily earnings, calculated in the manner established by Art. 139 of the Labor Code of the Russian Federation, the amount of monthly salary. In this case, a part-time working day spent by a person in connection with proceedings in a civil or criminal case is counted as one working day (eight hours).