The question of how to reschedule a court date in an administrative case or other proceedings (civil, criminal cases) is one of the most frequently asked. The answer is very simple: if you have a valid reason for changing the day of consideration (sick leave, business trip, call to a session), then simply declare this at the court hearing or send a petition to the court reception.
If you are unable to appear in court at the scheduled time of the trial. In such a situation, it is necessary to urgently notify the court about this in order to postpone the hearing and show respect for the court.
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.
Where to file a claim?
To find out which court to send your application to, you should find out the type of your specific case. If the subject of the proceedings is classified as criminal, then in this case it is absolutely not important where the plaintiff and defendant live. However, if you are going to file a civil lawsuit, you must go to court at the location of the defendant.
When drawing up a statement in a civil case, indicate in it a request to conduct the trial in your absence. Then the court will notify you of the day and time of the hearing, and then send you a copy of the decision that has already entered into legal force.
How to inform the court about the impossibility of appearing?
- Telephone method from ligature , just call and your call should be recorded as a telephone message. The call should be addressed to the judge who is considering your case. If you do not know the judge’s phone number, you can find it on the court’s website or by finding out this information in the court office.
- Fax – sending your request to the court by fax. To do this, it is necessary that the court office receive a fax from you and transmit the appeal to the judge. Be sure to check with the court office staff about the readability of what you received; if the fax did not go through, try again.
- Mail. You can send a written request to postpone the case describing the reasons for not appearing by regular letter, but we recommend that our clients use registered mail in correspondence with the court, or even better, a letter with an inventory containing an accurate description of the contents of the envelope.
- Express delivery . More effective than mail - a written and reasoned petition is sent to the court. We cite the speed of delivery as an advantage in terms of efficiency, since sometimes every day is important, and Russian Post has regulated deadlines for delivering correspondence, which will not always satisfy your needs.
- Internet networks. Sending an email to the court's email address indicating the name of the judge, the date and time of the hearing and the reason for non-appearance. This method of notification has become new for persons applying for judicial protection, but no less prompt.
- Contact us for legal assistance above. Drawing up and sending a reasoned written petition to the court through a representative (lawyer) removes the worry, since a professional is involved in the case, knowing exactly the content of the future petition to postpone the process and the method of its delivery. Moreover, by submitting a petition, you have the opportunity to enter into an agreement on the provision of legal assistance with our organization for the further conduct of the case in court.
Failure to appear in court for a valid reason
If you are sick or forced to go on a business trip, you can file a motion to postpone the court hearing in advance. It must be accompanied by evidence confirming that you really cannot be present in court. This could be a certificate from a hospital, travel or business trip documents.
If the judge does not consider the reason to be valid, he may refuse to adjourn the hearing. Especially if the period for consideration of the case is coming to an end.
Grounds for postponing a court hearing
Valid reasons for postponing a court hearing:
- Business trip. Confirmed by a travel certificate.
- Disease. Certificate from a medical institution or sick leave.
- Employment of a lawyer in another process. It is confirmed by the summons, in addition, by information from the official website of the court.
- Other noteworthy reasons.
The list of valid reasons is not exhaustive, since our whole life is multifaceted, anything can happen: an accident before the trial, an accident in the housing and communal services sector, another case that prevents your appearance in court.
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Force Majeure
In any case, force majeure circumstances may occur. An extremely risky option, but some people use it to change the date of the court hearing. For example, the defendant faints in the courtroom. Or important documents are burned in a fire. In any case, the existence of force majeure circumstances will have to be proven in court. The judge won't take your word for it.
There are plenty of ways to reschedule the trial. You can choose the one that suits your situation. The main thing is not to delay until the end of the consideration of the case. If you constantly postpone the hearing for various reasons, you will turn the judge against you. In addition, there are procedural deadlines that the court must comply with.
Sources:
Code of Civil Procedure of the Russian Federation Chapter 9. Procedural deadlines
Code of Civil Procedure of the Russian Federation Chapter 17. Suspension of proceedings in the case
Petition to postpone the consideration of a case of an administrative offense at the place of residence
Now you know how to postpone a court hearing on deprivation of rights or another process and give yourself the opportunity to do everything possible so that the court makes a decision in your favor.
In addition, if you wish, you can submit a petition to transfer the consideration of the case to your place of residence (although for now this possibility only exists in administrative cases). Just write a statement that you, as a defendant in this administrative case, are registered at an address that is not within the jurisdiction of this court. This reason is also mandatory for approval of the petition, unless the case concerns contesting the rights to a land plot, creditors of the heir, or transportation and other matters.
How to transfer the consideration of an administrative case to your place of residence?
Example: an entrepreneur is engaged in transportation, and his car transports goods throughout the country. And so, from the distant Amur region comes a decision to initiate an administrative case for violation of the weight and dimensions of the cargo. They notify about the drawing up of a protocol in relation to the entrepreneur and invite him to draw up a protocol in the city of Blagoveshchensk on such and such a date at 10:00. It is not economically profitable to go to the Amur Region to draw up a protocol; plane tickets are not cheap, and the time investment is not small.
What can you do if you are summoned to consider an administrative case in another region?
According to the Code of Administrative Offenses of the Russian Federation, a person against whom proceedings are being conducted for an administrative offense has the right to: • get acquainted with all the materials of the case, • give explanations, • present evidence, • file petitions and challenges, • use the legal assistance of a defender, as well as other procedural rights under the Code.
According to the norms of the Code of Administrative Offenses of the Russian Federation, a case of an administrative offense is considered at the place where it was committed. It is much more difficult to protect your rights at a distance, precisely for this reason, in Part 1 of Art. 29.5 of the Code of Administrative Offenses of the Russian Federation provides for the possibility of changing territorial jurisdiction at the request of a person against whom proceedings are being conducted for an administrative offense. That is, the case can be considered at the place of residence of the person.
Is this necessary?
1. Send a written request to the inspection authority.
The written form requires the justification of this petition, so it is advisable to justify everything and indicate why you cannot appear at the hearing of the case.
What arguments must be included in the petition ? • Distance from the place where the case is being considered. • That you are effectively deprived of defending yourself and exercising your rights. • Links to legal norms. • Indicate exactly where you are asking to transfer the consideration of the case (name of the body, address, telephone). • Attach evidence on which you base your claims.
Arbitrage practice
According to the “Review of legislation and judicial practice of the Supreme Court of the Russian Federation for the third quarter of 2010” (Resolution of the Presidium of the Supreme Court of the Russian Federation dated December 8, 2010), arbitrary refusal to satisfy a request to consider a case at the place of residence of a person held administratively liable is not allowed, and a person’s right to consider a case at his place of residence can be limited only if it is necessary to protect public interests or the interests of other participants in the proceedings in an administrative offense case. A similar position is contained in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the second quarter of 2009, approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation dated September 16, 2009. At the same time, the body or official who is prosecuting the case of an administrative offense it is necessary to take into account that, by virtue of Part 2 of Art. 24.4 of the Code of Administrative Offenses of the Russian Federation, the only condition that must be fulfilled by persons participating in the case when filing a petition in a case of an administrative offense is compliance with the written form of the petition.
IMPORTANT! In what cases is the case not transferred to the place of residence?
Not all categories of cases can be transferred to the place of residence. There are exceptions when the transfer of the case to the place of residence of the person held accountable is refused.
YOU WILL BE DENIED TO TRANSLATE YOUR CASE!
If you are attracted: • under Article 19.3. Disobedience to a lawful order of a police officer; • under Article 20.2. Violation of the established procedure for organizing or holding a meeting, rally, demonstration, procession or picketing; • according to Article 20.2.2. Organization of mass simultaneous stay and (or) movement of citizens in public places, resulting in a violation of public order; • if a case of an administrative offense has been initiated, under Article 19.28. Illegal remuneration on behalf of a legal entity, which was made outside the Russian Federation; • if the case is or has been subject to an administrative investigation; • in cases of administrative offenses of minors, they are considered at the place of residence of the person in respect of whom the proceedings are being conducted; • in cases of administrative offenses provided for by Chapter 12 of the Code of Administrative Offenses of the Russian Federation, administrative offenses in the field of road traffic; • in cases of administrative offense in the field of improvement of territory, provided for by the law of a constituent entity of the Russian Federation, recorded in photo-video recording mode, it is considered at the location of the body to which the materials were received.
Maybe or not? That is the question!
Satisfying a petition is a right and not an obligation of a judge, body or official. It's all in one word: “The case of an administrative offense is considered at the place where it was committed. At the request of a person against whom proceedings are being conducted for an administrative offense, the case may be considered at the place of residence of this person.”
Therefore, you should not expect that your application will be 100% satisfied. In order for your application to be granted, all the requirements of the Code of Administrative Offenses of the Russian Federation must be met. A judge, body or official examines everything in its entirety. Does your petition fall under the rule of law that is subject to application, is your case an exception, is there evidence to support your claims, is it admissible or relevant to this case, and so on. For example, they may refuse to satisfy a request, • if this is necessary to ensure a balance of rights of all participants in the proceedings on an administrative offense or to protect public interests; • objection of the victim; • establishing facts of unfair use of one’s procedural rights by a person against whom proceedings are being conducted for an administrative offense; • initiation of a case against a person regarding an administrative offense, the sanction for which is administrative arrest or administrative expulsion, and so on.
Summarize.
Despite the complexity of filing a petition to transfer an administrative case to your place of residence, it is worth using your right. This will help you save time and money, provide documents in a timely manner, provide explanations on the case and fully use your rights to defend yourself.
A sample application is here.
Head of the legal bureau Abramenko O.V. When reprinting, a link to the author and the source site is required. March 2021 (c) abramenko.pro
Conditions for submitting an application
Any procedural action requires compliance with the requirements established by the legislator.
Who can apply?
Both the plaintiff and the defendant can file motions. The defendant has more rights in this matter; this is the traditional position of jurisprudence, known since Roman law: “the plaintiff follows the defendant.”
At the pre-trial stage, a person accused of committing an offense can file petitions.
Where to submit the application?
Expert opinion
Novikov Igor Timofeevich
Legal consultant with 6 years of experience. Specializes in the field of civil law. Law teacher.
The request is submitted to the court in whose proceedings the case will be heard. If we are talking about a process within the framework of the Criminal Procedure Code, the appeal is sent to a higher court.
When to submit an application?
Any petition, including the transfer of the case on the ML, is submitted before the start of the debate between the parties at the court hearing.
Within the framework of the Arbitration Procedure Code of the Russian Federation, a request can be submitted from the moment when the official, accusing the commission of an offense, drew up a Protocol on the Administrative Offence.
In criminal proceedings, the type of petition discussed in the article is submitted before the start of the court hearing.
Civil proceedings provide for the possibility of filing a petition at a preliminary or first hearing.
Example of a request to transfer a case to jurisdiction
Petition to transfer the case to jurisdiction
The Gubakhinsky City Court of the Perm Territory is processing civil case No. 3-153/2021 regarding the termination of a contract for construction work on my house No. 72 at the address: Perm, st.
River. In this civil case, I am the defendant.
The claims include recovery of the principal amount and penalties. The statement of claim was filed at my previous place of residence - the city.
Gubakha, st. Lenina, d.
14.
When filing a statement of claim, the plaintiff did not take into account the requirement of Art. 32 Code of Civil Procedure of the Russian Federation: in accordance with paragraph.
9.2. contract concluded between me and the plaintiff, the parties, by voluntary agreement and before accepting the claim for proceedings, changed the territorial jurisdiction, determining the court authorized to consider the civil dispute - the Kirovsky District Court of the city.
Perm.
In accordance with Art. 33 of the Code of Civil Procedure of the Russian Federation, the court is obliged to transfer the claim to jurisdiction if it establishes that it was accepted for proceedings in violation of the rules of jurisdiction. What should be determined?
Based on the above, guided by art. 32, art. 33 and art. 35 Code of Civil Procedure of the Russian Federation,
- Transfer civil case No. 3-153/2021 according to the claim of individual entrepreneur Porokhov L.Yu. to Matrosova K.V. on termination of the contract, collection of the principal debt and penalties in the Kirovsky District Court of Perm.
- Notification of sending a copy of the petition to the participants in the case
02/20/2022 Matrosova K.V.
