Suspension of proceedings in a case is a procedural action of the court aimed at suspending the period for consideration of the case in order to comply with civil procedural legislation. The suspension of the dispute resolution procedure is associated with the objective impossibility of making a decision, that is, due to circumstances beyond the control of the parties or the judge.
Suspension and adjournment of trial. What is the difference?
According to the provisions of Ch. 12 of the Code of Civil Procedure of the Russian Federation, the suspension of proceedings in a civil process is a break for an indefinite period of time - due to the occurrence of certain circumstances that do not allow the court to pre-determine the duration of the break and set a specific date for the resumption of the process (more details about such circumstances will be discussed below).
In turn, if the trial is postponed, the court is obliged to set the exact date for a new court hearing (Article 169 of the Code of Civil Procedure of the Russian Federation).
How to file an application to suspend a case
The need to suspend the consideration of a case may be due to different purposes. For example, it takes time to provide additional evidence in a civil case. Or set aside time a little to form a legal position.
Mandatory grounds for suspending a case are:
- death of one of the parties (before the court receives an application for succession and appoints another person as a party to the case);
- a court decision that has entered into force regarding one of the parties declaring him incompetent (before the appointment of a legal representative)
- the introduction of a state of emergency or martial law in the country and the performance of tasks by the defendant in such conditions, his participation in hostilities, as well as at the request of the plaintiff in a similar situation. This basis is only suitable for persons who are members of the armed forces or have another similar status.
- consideration by courts or officials of cases (criminal, civil, etc.) that are important for the resolution of a given civil case, etc. The application must indicate which facts and how they may affect the essence of the decision.
- applying to the Constitutional Court with a request regarding the compliance of the law to be applied with the Constitution of Russia;
- receipt of a ruling on the acceptance by an authorized court of a child abduction case (special jurisdiction under the Hague Convention).
The court has the right to suspend the case upon receipt of an application indicating the presence of one of the following grounds:
- one of the parties is in a medical institution. The evidence is exclusively medical documents. Justification - due to treatment, the party cannot participate in meetings and fully enjoy the rights and obligations of a person participating in the case;
- search for the defendant or child;
- an examination has been ordered;
- in disputes about children, an examination of the living conditions of the child, parents, and adoptive parents was ordered;
- the petition for a court order has been granted (or the court has sent such a letter on its own initiative);
- a legal entity that is a party to the case or a third party is undergoing a reorganization procedure.
Thus, it is necessary to draw up an application to suspend the case with reference to the relevant grounds. Supporting documents must be attached to such a request.
Suspension of proceedings in civil proceedings: main features
In accordance with the norms of civil procedural legislation of the Russian Federation, the trial may be suspended in the following cases:
- Appointment of an expert examination by the court;
- Sending a letter of request;
- The presence of the plaintiff or defendant in a medical institution (hospital, hospital, etc.);
- The impossibility of considering a civil case before the resolution of another case being considered in civil, administrative or criminal proceedings;
- Declaration of the plaintiff or defendant as incompetent;
- Reorganization of a legal entity that is a plaintiff or defendant in a civil case;
- Search for the defendant;
- Death of the plaintiff or defendant;
- Participation of the plaintiff or defendant in hostilities, performance of tasks under conditions of emergency or martial law.
Thus, we can conclude that the basis for suspending proceedings in a civil case is a certain set of legal facts. These facts are characterized by the fact that they:
- They are objective in nature (that is, their occurrence and termination does not depend on the will of the persons participating in the case);
- Exhaustively specified in the Civil Procedure Code.
Procedure for suspending the consideration of a case
- Availability of legal grounds for suspending the proceedings.
- Statement of an appropriate reasoned request by a party to the proceeding. In the event of the death of the plaintiff or defendant, it is certainly not required. Validity, in this case, means attaching to the petition duly certified documents confirming the arguments of the interested party. This provision does not at all exclude suspension on the initiative of a judge. However, being interested in the outcome of the case, it is necessary to be vigilant and make timely statements on your own, with which we are always ready to help you.
- Issuance of an appropriate ruling by the court considering this civil case. Subsequently, it can be appealed to a higher authority within 15 days from the date of production of the act. (we currently have a permanent Promotion for drawing up relevant complaints; our lawyers, together with you, will determine the grounds for appeal and arguments, which will provide guarantees in protecting the right to judicial protection, see the link for more details).
How to correctly draft a petition to suspend proceedings in a case in 2021?
Like any other formal petition to the court, a motion to stay proceedings in a civil proceeding must comply with the following rules:
First, the petition must be in writing;
Secondly, the text of the petition must be readable;
Thirdly, the applicant must personally sign his application.
As for the contents of the document, we recommend that you provide the following information:
- The name of the court in which the civil case is being heard;
- Civil case number
- Full name and address of the applicant;
- Information about the plaintiff and defendant;
- The essence of the claims;
- Reasons for suspending the case;
- Estimated date for reopening the case;
- Evidence confirming the grounds for suspending the proceedings;
- List of attached documents;
- Date of application.
petition to suspend judicial proceedings (version current for 2021)
Note! If you encounter any difficulties when drawing up a petition, you can always contact our lawyers for a free consultation. The average waiting time for a response is 15 minutes.
Example of an application to suspend a case
In the Prikubansky District Court of Krasnodar
Plaintiff: Konstantin Dmitrievich Pomeschikov,
address: 350049, Krasnodar, st. Pushkina, 154
Defendant: Administration of Krasnodar,
address: 350049, Krasnodar, st. October, 184,
TIN 658435465846
within the framework of case No. 2-347/2022
on the right of ownership of unauthorized construction
Application for suspension of the case
The Prikubansky District Court of Krasnodar is processing civil case No. 2-347/2022 on the ownership of an unauthorized construction. In accordance with the petition for the appointment of a comprehensive examination, a court ruling dated September 15, 2022 appointed a construction and technical examination in a civil case for compliance with construction standards during the construction of a building.
The court gave the expert 30 days to prepare an opinion. The case has been under consideration by the court since July 1, 2022. At the request of the expert, the period for conducting the examination was extended until November 30, 2022. In accordance with Art. 216 of the Code of Civil Procedure of the Russian Federation, the court has the right to suspend the consideration of the case until the expert’s conclusion is issued. Suspension of proceedings is necessary to comply with the requirements of Art. 2 of the Code of Civil Procedure of the Russian Federation on the timeliness of consideration and resolution of civil cases.
Based on the above, guided by art. 216 Code of Civil Procedure of the Russian Federation,
Ask:
- Suspend proceedings in case No. 2-347/2022 on the right of ownership of an unauthorized construction based on the claim of Konstantin Dmitrievich Pomeshchikov to the Administration of the city of Krasnodar until the receipt of an expert’s opinion.
10.10.2022 Landowners K.D.
Filing and consideration of an application to suspend the case
The prepared statement is usually submitted at a court hearing. However, the option of sending it by post or through the court office is not excluded.
An application to suspend the case in court is being considered. And it is worth making such a request when the court asks the parties about the presence (absence) of petitions. When the court is obliged to suspend the case, taking into account the opinions of other persons does not affect the final decision. Although the court will ask them anyway. For example, about the influence of another civil case on the consideration of the filed claim. The opinion of the participants in the case is always taken into account when the suspension of the case is the right of the court.
The decision is formalized by issuing a court ruling, against which a private complaint can be filed. In the ruling to suspend the case, the court will indicate the basis for making such a decision and the period for which the case is suspended. Upon expiration of the suspension period, the case is resumed.
In one case, depending on the existing circumstances, you can file an application to suspend the case several times.
Related documents
- Sample. Petition to suspend proceedings on a complaint about an incorrectly performed notarial act regarding the write-off of funds
- Sample. Petition to expunge a criminal record
- Sample. Petition to obtain evidence in a claim for protection of honor and dignity
- Sample. Petition to obtain evidence in a claim to invalidate the (second) issue of shares of a joint-stock company
- Sample. Petition to leave a complaint about an incorrectly performed notarial act without consideration
- Sample. Petition for removal from participation in the case of representatives who do not have the right to participate in the case under consideration
- Sample. Petition to establish essential circumstances in the case of a notarial act
- Sample. Private complaint against a ruling of the people's court in a claim for the recovery of funds due to the defendant's failure to fulfill his obligations under the term deposit agreement
- Sample. Private complaint against a ruling of the people's court in a claim for the recovery of funds due to the defendant's failure to fulfill his obligations under the term deposit agreement
- Sample. Private complaint against the ruling of the people's court on a claim for debt collection under a loan agreement
- Sample. Private complaint against the ruling of the people's court on a claim for the recovery of unjustifiably received dividends
- Sample. Private complaint against a ruling refusing to accept a complaint against the actions of the state tax inspectorate
- Sample. Private complaint against a court ruling in a civil case
- Sample statement of claim
- Sample. Appeal. (provided by Krasnova's lawyer)
- Claim for damages
- Claim for damages
- Claim for payment of a penalty for violation of the contract work schedule
- Claim for payment of a penalty for violation of the contract work schedule
- Claim for payment of a fine for late issuance of working documentation
Resumption of proceedings in the case
The proceedings are resumed when the circumstances that caused its suspension have been eliminated. The court must make a ruling on the resumption of proceedings in the case. The ruling to suspend the proceedings may be appealed through the appellate procedure by filing a private complaint. After the resumption of proceedings, the civil case is considered by the court in accordance with the general procedure. After the resumption of proceedings, the court can perform all procedural actions without any restrictions.
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