Often, for various reasons, the author of the claim does not have the opportunity or desire to personally attend court hearings. In this case, a petition is filed to consider the case in the absence of the plaintiff . The right to treat him is provided for in Part 5 of Art. 167 Code of Civil Procedure of the Russian Federation.
A similar request may be made by other parties to the dispute - the defendant, third parties involved. Representatives acting by proxy are also no exception. Be that as it may, the document assumes its own structure.
Below are sample examples of motions to consider a case without the participation of the parties, depending on the procedural status of their authors. The possible consequences of ignoring the obligation to appear in court will also be discussed. The material will be completed with a set of useful recommendations.
Grounds for trial in the absence of the persons involved
The resolution of a judicial dispute, on the merits, in the absence of the applicant, is expressly provided for in the above-mentioned Part 5 of Art. 167 Code of Civil Procedure of the Russian Federation. There are no strict requirements for filing an application. It does not need to pay any state duty.
But there are other cases when the parties are not called to the courtroom. For example, this applies to requirements for which the issuance of a court order is provided. According to Part 2 of Art. 126 of the Code of Civil Procedure of the Russian Federation, it is issued without conducting a trial or inviting the claimant or debtor. The latter receives a copy of the decision by mail and has the right to apply for its cancellation within the next 10 days.
The parties do not participate in court in disputes considered through simplified proceedings. The list of such cases is given in Art. 232.2 Code of Civil Procedure. The plaintiff and defendant, within the period established by the ruling, provide the court with the available evidence and objections, and send copies to each other.
Based on them, a decision is made without inviting the participants. The operative part is sent to them and its content is simultaneously posted on the court’s website. A full version of the decision is made upon the application of the participants in the case or in the event of an appeal.
But it is worth returning to the request from the interested party to consider the case without her participation. It is stated in the claim, objections to it or by drawing up a separate document
Methods for submitting an appeal:
- through the court office;
- by mail, including electronic;
- filing a petition directly at the meeting at the preparatory stage of the proceedings.
In exceptional cases, it is allowed to send a telegram. It must contain a reference to the case number and the procedural status of the party to the legal dispute.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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Important point! If the application is sent by mail, it is better to make an inventory of the attachment. This eliminates the risk that the document will not be included in the case.
Where to contact?
Depending on the circumstances, the application is submitted to the registry office where the marriage was registered, the magistrates' court or the district court at the place of residence of one of the spouses.
Registry offices carry out divorce:
- Childless couples or couples with adult children
- With mutual consent or if the family situation is regulated by Article No. 19 of the Civil Code of the Russian Federation (one of the spouses has been declared dead, missing, incompetent, or in prison through the court)
- In the absence of property disputes (which is unimportant, since property can be divided in court even after the divorce takes place)
Magistrates and territorial (district, city) courts:
- If there are minor children (since the issue of child support must be resolved)
- If there are disputes about which spouse the children will live with (territorial only)
- Collection of alimony from one of the spouses to the second if he is disabled (territorial only)
- With mutual consent to divorce, or disagreement of one of the spouses
- If there are property disputes
As you can see, the only difference between them is that magistrates’ courts do not consider disputes about the future fate of children and a disabled spouse. There is also differentiation between the courts in terms of the price of claims - the magistrate court will not accept a claim for division of property if its value exceeds 100,000 rubles. Since the price of a claim in the magistrate’s court should not be more than 50,000 - half the value of the joint property that either spouse can claim.
Any of the bodies dissolving a marriage can carry out the divorce procedure without the participation of one of the spouses. Subject to certain conditions.
Petition to consider the case in the absence of the defendant
Most often, this occurs in case of agreement with the put forward requirements. Accordingly, this is what the emphasis is on. Thus, the obligated party saves time for litigation.
The defendant has the right to file a petition even when the final decision is not important to him. In this case, proposed ways to resolve the dispute are sometimes prescribed.
Another reason is that the defendant is in another city. And if there are arguments against the plaintiff’s claims, they are all set out in the objection to the statement of claim. The maximum possible package of evidence will also be required as attachments. The petition itself is formatted like this.
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Meshchansky District Court of Moscow
st. Kalanchevskaya, 43A
Judge K.P. Andreev
Case No. 1666/20
Defendant: Kupriyanov V.S.
Moscow, st. Turgeneva, 15, apt. 6
Petition to consider the case without a defendant
The Meshchansky District Court of Moscow is processing civil case No. 1666/20 of D. A. Ivanova against V. S. Kupriyanov. in a claim for eviction from an occupied residential premises.
I, V.S. Kupriyanov, agree with the demands put forward to me and acknowledge them. Therefore, on the basis of Part 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, I submit an application to consider the case without my participation.
Kupriyanov V.S.
Application to consider the case without a defendant
Petition for consideration of the case in the absence of the plaintiff
The author of the claim also has the right to request that the hearing be held without his presence. This often happens when the documents attached to the application in their entirety confirm the indisputability of the stated claims.
By analogy with the defendant, the reason for filing a petition is the impossibility of traveling to a court located in another locality. And if the case is not very complex, then incurring the costs of a representative may be unjustified.
Approximately a sample request looks like this. You can adapt it to your own situation.
Perovsky District Court of Moscow
st. Kuskovskaya, 8 building 1
Judge Leonidov D.Yu.
Case No. 654-1/20
Plaintiff: Dubinin N.K.
Moscow, st. Kutuzovskaya, 15, apt. 12
Petition for trial in the absence of the plaintiff
The Perovsky District Court is considering case No. 654-1/20 on the collection of debt under a loan agreement from A. I. Kameneva in favor of N. K. Dubinin.
I believe that the evidence available in the case file is sufficient to make a lawful and informed decision. Therefore, I request that the trial be held in my absence. And also on the basis of Part 5 of Art. 167 of the Code of Civil Procedure of the Russian Federation, I ask the court to send me a copy of the decision made to the above address.
Dubinin N.K.
Application for a decision without the participation of the plaintiff
Consideration of a case in the absence of a third party
This procedural category of citizens and legal entities often takes part in disputes over collateral, loans, and inheritance cases. Therefore, banks and notaries act as third parties. They usually notify the court in advance of their unwillingness to attend hearings.
In addition, such a statement often sets out the position on the essence of the dispute. After all, the final decision will affect the rights and obligations of the third party. For example, banks often oppose dividing an apartment between spouses.
The content of the petition is practically no different from similar ones. An approximate example of it might look like this.
Zamoskvoretsky District Court of Moscow
st. Tatarskaya, 1
Judge Kholodov A.Yu.
Case No. 416-2/20
Third party not making independent claims : Sberbank PJSC
Moscow, Leninsky Prospekt, 28
Request for consideration of the case without the participation of a third party
The Zamoskvoretsky District Court is processing a claim by T.P. Kupriyanova against V.D. Antonov regarding the division of property under a mortgage. At the initiative of the Plaintiff, PJSC Sberbank was involved in the case.
The creditor, guided by Art. 167 of the Code of Civil Procedure of the Russian Federation, requests a decision on the claim without the presence of his representatives. At the same time, Sberbank PJSC objects to the satisfaction of the claims, since they will entail a change in the owners of the mortgaged apartment.
Branch director of Sberbank PJSC V. P. Golubev.
Application for a decision in the absence of a third party
Details of the application
When filling out an application for absence, you do not need to provide the judge with additional certificates.
Documents that confirm the circumstances of the case are attached to the claim, objection to the claim by the parties to the dispute. The very fact of written notification to the judge is sufficient to conduct a judicial procedure without a party. This is important to know: Repairs on the weekend: can it be done legally?
Justify the reason for postponing the consideration to another day.
If the defendant agrees with the content of the claim, there are no objections to the grounds for the statement, and attendance at the court hearing is not required. The presiding officer is notified in writing of the recognition of the claim and is asked to conduct the proceedings in the absence of the applicant.
In this case, the judicial procedure will not be delayed and will end with the adoption of a resolution to satisfy the claims. The legislation does not provide for the obligation of citizens to inform the judge of the real reason for failure to appear. You must follow the prescribed procedure, draw up an application and send it to the court.
During the trial, valid reasons arise for a party's failure to appear. The participant must ask the court to adjourn the hearing, indicating a suitable time to appear.
The liability of the parties to a civil dispute for failure to appear at a hearing is not established by law. However, this applies exclusively to participants in the proceedings. If a witness fails to appear, legal consequences arise - collection of a fine; if he fails to appear at the hearing again - forced delivery.
Consequences of failure to appear at a court hearing (Article 167 of the Code of Civil Procedure of the Russian Federation)
They depend on how valid the reasons for the participant’s absence at the hearing of the dispute are. If the court considers the circumstances set out in the application to be worthy of attention, the proceedings are postponed. The same thing happens when the case materials do not contain evidence of proper notification of the party about the date and time of the meeting.
When the plaintiff did not file a request to consider the case without his participation and failed to appear in court twice without objective reasons, the application is left without consideration by virtue of Art. 222 Code of Civil Procedure of the Russian Federation. At the same time, the opponent does not insist on a hearing on the merits of the claims put forward.
For example, a bank’s claim left without consideration does not prevent the bank from re-applying to the court with the same or supplemented demands. Previously paid state duty is subject to refund on the basis of Art. 333.40 of the Tax Code of the Russian Federation. At the same time, you need to remember that the statute of limitations on the loan is not interrupted and runs the same as before.
In turn, the non-participation of the opponent without a received application to consider the case in the absence of the defendant entails the start of absentee proceedings according to the rules of Chapter 22 of the Code of Civil Procedure of the Russian Federation. The plaintiff must agree to this. The result is a default judgment, which can later be overturned with a retrial.
The above also applies to the failure of representatives of the parties to appear. After all, by their actions they create rights, obligations and procedural consequences for their principal.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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Failure to appear should be considered the absence of a participant who was duly notified of the meeting. Telegram, registered letter with a summons - these are the most common methods of communication.
Contents of the statement
The requirements for the content of the petition are provided for by the Civil Procedure Code. It is indicated in what form the statement is submitted to the court and what needs to be written in the petition.
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According to the law, a written statement can be made by a citizen without legal education. It is necessary to adhere to the specifics of drafting and list a number of formalities:
- local court where we submit the application;
- who compiled the document - citizen’s data, residential address;
- in the center is the word statement;
- in what dispute the citizen is taking part;
- reasons for holding a meeting in the absence of a party;
- request, with a request to satisfy demands or refuse;
- date of preparation, signature of the applicant.
In addition to the details set out above, the party’s application contains a request for written notification of the results of the consideration.
A separate statement is not always prepared. The parties to civil cases and their representatives indicate the request for proceedings directly in the claims. The defendants provide written refutations of the content of the claims.
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
The law does not provide for the conditions for submitting petitions to the court. Applicants have the right to send an application by post and directly hand it over to the presiding officer during the judicial procedure. The court, taking into account the grounds for conducting the process without the participation of a party, taking into account the validity of the reasons, will make an appropriate decision.
Questions and answers
Many citizens are not familiar with the procedural procedure for resolving disputes in courts. In addition, some people have no desire to go there for subjective reasons. For example, reluctance to communicate with the opposite party in the event of filing a claim for divorce.
The way out is to file a separate petition to consider the case without visiting a judicial authority. But how to do everything right?
Lawyers are often asked such questions. And here are the answers to some of them.
What to do if your application is not considered
Filed a claim for damages from the person responsible for the accident. There was not enough insurance to repair the car. I don’t have time to go to meetings myself, so I submitted an application to consider the case without my participation. The judge ignored him. In addition, the defendant insists on my presence. What should I do?
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Anton, Moscow.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
The most correct way out of the situation would be to issue a power of attorney to a lawyer or enter into an agreement with a lawyer. The power of attorney is certified by a notary. First, the specialist will familiarize himself with the case materials and develop a legal position. Well, there will now be no need for the personal presence of the plaintiff.
How to notify the court of your inability to attend
After the divorce, I am dividing the apartment with my ex-husband in court. However, I was injured and am now in the hospital. Tell me what is the best way to notify the court of the impossibility of attending the next hearing? Thank you in advance!
Svetlana, Moscow.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
Ask a question
In such a situation, this is what they usually do. The application or petition is written by hand. A document confirming your stay in hospital treatment is attached to it. Everything is sent to the court address by mail in advance. This mission can be entrusted to relatives and friends. At the same time, it is also useful to notify the judge’s secretary by telephone about any difficulties that have arisen.
Is it possible for the plaintiff not to attend the trial?
Engaged in the collection of moral damages from an enterprise located in another city. Documents were sent to the local district court by mail. Due to my busy schedule, there is no time to travel. What is the best thing to do in the described situation?
Kirill, Krasnogorsk, Moscow region.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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There are two ways out of the situation. The first is to file a petition to consider the case without the presence of the author of the claim. However, disputes about compensation for moral damage are quite specific. Therefore, the court will probably want to listen to the injured party. In addition, participation in the case can be entrusted to a representative by proxy. Payment for his services is additionally collected from the second party.
Please do not consider the case in my absence.
She filed a claim to claim money under the receipt and loan agreement. However, she was forced to go on a long business trip to another city. I want to be present in court in person. What's the best thing to do now?
Larisa, Balashikha.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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When the date of the hearing is known, it is worth sending a petition to the court by mail to postpone the case . A copy of the travel certificate is attached to it. If the trip drags on, then you should think about a representative who will take charge of supporting the case in court. He is issued a notarized power of attorney with an agreed set of powers.
