Are you looking for how to file a motion to postpone a court hearing? Which will the court consider positively? We have posted general information about the preparation and submission of such documents. And also about possible reasons for the transfer, which will be recognized by the court as valid. But the applicant will have to provide relevant evidence to support the reasons for rescheduling the scheduled hearing to another time.
A motion to reschedule a court hearing is a request to have a civil case heard on another day. Such a document can be submitted in accordance with Art. 35 of the Code of Civil Procedure of the Russian Federation (rights and obligations of persons participating in the case).
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Request to postpone the hearing
Is it necessary to file a motion to postpone the hearing?
It is mandatory to submit a motion to postpone the court hearing. If a party to the case intends to personally represent their interests and participate in the process of considering the case on its merits. You cannot simply not come to court without giving reasons. Then the court decision can be made without this side of the case. This situation is especially possible when considering “simple” cases (claims for debt collection under a loan agreement, claims for divorce). The court as a whole may consider them in one sitting if no motions have been received from the parties. And personal participation will allow, for example, to ask for a reduction in the penalty, present additional evidence in a civil case, ask questions to witnesses and the party, third parties, etc.
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 obvious that the court is unlikely to postpone the preliminary hearing without good reason. Most likely, after the preliminary hearing, a court hearing will be immediately scheduled.
Drawing up an application and sample
Each procedural document submitted to the court with a request to change the existing order of consideration of the case is subject to careful verification. To ensure that a submitted motion to postpone a court hearing is not included in the list of refusals, the party must fill out all the required fields of the document.
The structure of the document consists of three sections:
- Introductory part. It records information about the judicial authority that is handling the transferred case, and indicates the personal information of the applicant.
- Motivational part. Is the most significant section. In it, the party indicates the circumstances that prevent him from participating in the case or other reasons that are an obstacle to consideration. It is imperative to provide a regulatory source (Article 169 of the Code of Civil Procedure).
- Final part. It contains a list of related papers. At the bottom of the document is the signature of the applicant and the date of the request.
How long does it take to file a motion to postpone a court hearing?
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.
Is it possible to do without a petition?
If you find out that it is impossible to appear the day before the hearing, or for other objective reasons you do not have time to file a petition, I still recommend notifying the court. This can be done by calling the secretary of your case, or through the office of the judicial institution. You can find out your phone number through the State Automated System “Justice”, or through the procedural documents in your case (for example, the phone number is always indicated in the summons).
Courts also accept petitions via email. If you have an electronic signature, this type of request will have equal legal force as a written document. Even in the absence of an electronic digital signature, the court will definitely take into account the reasons for failure to appear that you refer to. However, when participating in the next meeting, you must provide the evidence that you provided in your oral or electronic appeal.
Grounds for postponing a court hearing
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.
The request for transfer must be made in writing and submitted to the court reception. Obvious cases of postponing a court hearing (adjournment) are the following procedural actions:
- receipt of a counterclaim
- petition for evidence
- petition to call witnesses
- application for the involvement of a third party
For example, in the process of eviction from social housing, the defendant insists that payments were made on time. And he 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 present reports from various experts (for example, on a road accident), and the judge decides to order a forensic examination, which will decide a lot. 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.
Underwater rocks
Participants in the process need to pay attention to the following nuances:
- A request to postpone a meeting can be made either in writing or orally. The first option is preferable, since there is a greater chance that the judge will take the request into account.
- If the meeting is postponed due to procedural actions, additional examinations or the provision of evidence, then it is necessary to indicate in the petition what circumstances of the case they can clarify. Otherwise, the judge has the right to reject the application.
- If a citizen is unable to be present in the courtroom in person, then he can petition to have the case considered without him. This is allowed if the applicant is confident that he is right. A citizen can send a proxy to court. The representative must have a notarized power of attorney to act on behalf of another person.
Consideration by the court of a petition to postpone the court hearing
The court resolves the request to postpone the court hearing by recording the adopted decision in the minutes of the court session. The court may postpone the hearing or refuse the request. The case is conducted by the court (court composition), and it is he who makes fundamental procedural decisions. It is not possible to appeal a court ruling regarding the postponement of a court hearing. In this case, a private complaint against the court ruling is not filed.
If you are participating in court, even with a representative, thoroughly study your rights in the process. And use them actively to protect your interests. Remember that the outcome of the process depends on the evidence and the argumentation of the position in the case. And even when a representative is involved in the case, a petition to postpone the court hearing due to the impossibility of the representative’s personal participation is filed by the party to the case.
