What happens if the plaintiff does not appear in court?
The judge must consider the claim within 2 months from the date of its receipt (Article 154 of the Code of Civil Procedure of the Russian Federation).
The official sets the date and time of the meeting. The magistrate has 1 month to consider the application. Both parties must be informed when the meeting will take place. In Art. 123 of the Constitution of the Russian Federation states that legal proceedings are based on competition and equality of the parties. Accordingly, the persons participating in the process point out the facts that are important for making a decision and examine the evidence of the case. If the interested party fails to appear, he will not be able to participate in the process and provide his arguments regarding the issues under consideration.
The consequences of failure of participants in the trial to appear in court are regulated by Art. 167 Code of Civil Procedure of the Russian Federation:
- If there is no notice of service of the summons indicating when the hearing will take place, the hearing will be adjourned.
- The applicant may request that the proceedings proceed without him and that a copy of the decision be sent to him by registered mail. These rules also apply to the defendant.
Reference! In Art. 167 of the Code of Civil Procedure of the Russian Federation states that a person is obliged to warn an official that he will not be able to attend the meeting.
- If the applicant is absent from the first hearing, but has previously expressed his position, and there is sufficient evidence in the case, then the decision can be made without him. The complexity of the case determines whether the claim will be considered or the hearing will be postponed.
- The consideration of the case is postponed if the evidence is incomplete and additional research is required. When the decision does not affect the rights and interests of the parties or third parties, it is allowed to be made in the absence of the plaintiff.
- If the defendant does not appear at the hearing, but was warned in a timely manner, and he does not have valid grounds, then the case is considered without him. In this case, a decision is made in absentia, which can be canceled at the request of the defendant. If necessary, the new decision can be appealed through the appellate or cassation procedures.
Liability provided for failure to appear of persons participating in the case
The law provides for liability in the form of a fine or monetary penalty for persons who fail to appear in court for unexcusable reasons.
But this requires the simultaneous coincidence of two circumstances:
- The person failed to appear at the court hearing for an unexcused reason;
- The person was duly notified of the need to appear in court.
What happens if you don't appear in court? The issue of imposing a fine or monetary penalty is considered in a court hearing, and a ruling or resolution is issued based on the result. It is worth noting that the application of such a measure of liability is the right of the court, and not its obligation.
If a witness has been fined for failure to appear at a hearing, this determination can be appealed by filing a private complaint.
Another measure used against a “truant” is a judicial summons. If a participant in the proceedings does not want to come to court on his own, then bailiffs go to his place of residence or place of work and forcibly bring this person to court.
This measure cannot be applied to children under 14 years of age, pregnant women, or persons who, for health reasons, cannot participate in a court hearing.
Witness liability
The liability of witnesses for failure to appear at a court hearing is provided for in all branches of procedural law:
- Part 2 Art. 168 Code of Civil Procedure of the Russian Federation – a fine of 1000 rubles;
- Part 2 Art. 157 Arbitration Procedure Code of the Russian Federation and Part 1 of Art. 119 of the Arbitration Procedure Code of the Russian Federation - a fine not exceeding 2,500 rubles.
- Art. 117 of the Code of Criminal Procedure of the Russian Federation - monetary penalty not exceeding 2500 rubles
- part 8 art. 51 CAS RF and Art. 122 CAS RF - a fine not exceeding 5,000 rubles.
Example from practice. When considering a criminal case, a penalty of 2,500 rubles was imposed on the witness. The witness did not agree with such a punishment because he did not appear at the court hearing for a good reason, as he was on sick leave. But the appellate court did not accept the arguments of the complaint, because the witness was repeatedly summoned to court, and during the arrest he refused to go with the bailiff. In addition, the witness did not report the reasons for his absence and did not provide medical documents confirming the validity of the reasons.
What happens if the plaintiff fails to appear in court twice?
If a citizen fails to appear at a meeting twice, then in accordance with Art.
222 of the Code of Civil Procedure of the Russian Federation, the application may be left without consideration. This rule applies when the applicant did not request a hearing in his absence, and the defendant does not request consideration of the case on the merits. The court makes a ruling that the claim remains without consideration, that is, the case remains without a decision. The document indicates the deadlines and methods for eliminating the circumstances that prevented the verdict. A citizen will be able to go to court again only after all of them have been eliminated.
To cancel the determination, the applicant may provide documents proving the existence of a valid reason and the impossibility of reporting it in a timely manner. For example, if a person was sick for a long time and was on outpatient treatment or was outside the region or country.
The citizen will need to write a petition to the court to cancel the ruling and attach documentary evidence to it. If the official refuses to grant the request, the applicant has the right to file a private complaint.
The defendant as a participant in the court
The defendant is a party to the lawsuit who has in some way violated or infringed the rights of the plaintiff. Any capable citizen can be the defendant.
Persons under the age of 14 are not subject to criminal liability and cannot act as defendants. Their parents or guardians will speak for them in court. Minors - from 14 to 18 years old - are responsible for their own actions.
The term “defendant” applies to administrative and civil law. If the claim is satisfied, the defendant is punished by being forced to fulfill certain obligations, for example, payment of established material damages in favor of the plaintiff, fulfillment of alimony obligations and other property claims.
If the defendant is incapacitated but has caused harm to the plaintiff, then the defendant is the guardian or legal representative. The defendant essentially has the same rights and obligations and participates in all stages of the legal process as the plaintiff.
Failure to appear without a valid reason
The absence of one of the parties from the hearing without a valid reason may serve as grounds for holding a hearing without him. This applies to situations where the citizen knew when the hearing would take place, but he did not notify the court that he would not be there and did not ask to consider the case in his absence.
After filing a claim and initiating a case, a citizen is obliged to notify an official about a change of residence. In accordance with Art. 118 of the Code of Civil Procedure of the Russian Federation, a summons about the date and time of the meeting will be sent to the last known address of the plaintiff. Even if a citizen moved but did not notify the judicial authorities, the notice will be considered delivered.
criminal process
A person acting as a witness in a criminal case may, as follows from Article 117 of the Criminal Procedure Code, be subject to financial punishment in the amount of up to 2.5 thousand rubles.
For deliberate evasion of providing information that is important, in the opinion of the court, the offender faces (Article 308 of the Criminal Code):
- a fine of up to 40 thousand rubles;
- or three months of official income;
- or three-month arrest;
- or correctional labor for up to a year;
- or compulsory work up to 360 hours.
As in all other cases, liability does not arise if you refuse to blame yourself, family and friends, or if there is a good reason.
The reasons for the failure of both the victim and the defendant to appear at the trial, as well as the consequences that will be caused by this act, are examined and determined by the court.
It should be remembered that the presence of extenuating circumstances in itself is not enough. A citizen summoned to a meeting must have evidence of the impossibility of being present in the hall, and ideally, be ready to present witnesses. An unfairly imposed penalty can be challenged in a higher court.
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Failure to appear for a valid reason
Failure to appear for a valid reason may be grounds for rescheduling the hearing.
The plaintiff must notify the official in advance that he will not be able to attend on the specified date, and request that another time be set for the proceedings. If a citizen is unable to promptly notify the court of his absence due to a valid reason, then he subsequently has the right to ask for the decision to be cancelled. Confirmation is provided by documents proving why the citizen did not come to the hearing of the case in a timely manner.
What is considered a valid reason?
Valid reasons for failure to appear include:
- lack of notice of date and time;
- failure to receive a summons in a timely manner;
- illness of the plaintiff himself;
- illness or death of a close relative;
- long business trip;
- emergencies.
The presence of a valid reason must be documented. This could be a sick leave certificate, a travel certificate. If the interested citizen does not appear due to the death or illness of a close relative, then the relationship will need to be confirmed.
At the beginning of the hearing, the secretary announces the persons participating in the process and their presence. If one of the parties is not in the room, then the reason for this or its absence is announced.
Attention! When a case is being considered to declare a citizen incompetent, holding a hearing in his absence is allowed only if the court considers the grounds for failure to appear disrespectful.
Failure of parties to appear in criminal proceedings
The Code of Criminal Procedure defines the possibility of considering proceedings in the absence of participants. According to the Criminal Code, the appearance of the accused in court is a condition for the hearing of the case. In his absence, the trial will be postponed. In criminal proceedings, the defendant is subject to forced transport. The measure of restraint may be changed for him, for example, he may be placed under arrest. This happens when the reasons for not attending a meeting are unclear or do not qualify as valid.
According to Article 247 of the Code of Criminal Procedure, the accused has the right to file a motion to consider the case in his absence in the courtroom. Such a request must be submitted in advance.
Failure to appear at a court hearing in criminal proceedings may be due to the absence of the accused in Russia and his reluctance to come. The court makes a decision to consider the case in the absence of the defendant. The norm is valid in the absence of a verdict in relation to this case in a foreign country.
The absence of a victim is not a standard situation. He has the right to defend his interests in court of any instance. In addition to defense, he can influence the course of the case with the help of evidence. According to the Code of Criminal Procedure, the case is considered in the presence of the victim and his representatives. The victim has the right not to attend the meeting voluntarily. Under some circumstances (Article 249 parts 2, 3) a hearing without the presence of the victim is possible. The judge has the right to oblige the victim to appear in the courtroom for the consideration of the case. In a private prosecution, if the victim is not present at the hearing and the petition is not submitted, the criminal proceedings will be terminated (Article 24, Part 2 of the Code of Criminal Procedure).
The victim is notified of the upcoming hearing in the summons. If it was not served, the victim's failure to appear is not a violation of the law. In preparation for a hearing in criminal proceedings, the victim's appearance is verified by the court. The hearing of the case may be postponed.
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