The defendant did not appear at the hearing. What will happen if I don’t go to court: what is the risk of failure to appear? How is an objection to the consideration of the case in their absence of the plaintiff declared?
Hello! The question is. I received a registered letter, so I realized that this was a subpoena. If I don't pick it up, will the court pass without me? Or according to the law: while I am not aware of either the time or the place of the court, then the court is not considered invalid?
Answer
If you have been duly notified of the date and time of the case and the court has not received your request to postpone the case, the case may be heard without you in absentia.
In accordance with Chapter 10 of the Code of Civil Procedure of the Russian Federation, persons participating in a case are notified or summoned to court by registered mail with a return receipt, a court summons with a return receipt, a telephone message or a telegram, by facsimile or using other means of communication and delivery, ensuring the fixation of a court notice or summons and its delivery to the addressee. The persons participating in the case are notified by court summons of the time and place of the court session or the performance of certain procedural actions. Copies of procedural documents shall be sent to the person participating in the case together with the notification in the form of a court summons or a registered letter. Court notices and summonses must be served in such a way that the persons indicated in them have sufficient time to prepare for the case and appear in court in a timely manner. A court notice addressed to a person participating in the case shall be sent to the address indicated by the person participating in the case or his representative. If the citizen does not actually live at the specified address, the notice may be sent to the place of his work. Simultaneously with the court summons or other court notice addressed to the defendant, the judge sends a copy of the statement of claim.
Summons and other court notices are delivered by mail or by the person to whom the judge instructs to deliver them. The time of their delivery to the addressee is recorded by the method established in postal organizations or on a document to be returned to the court.
A court summons addressed to a citizen is handed over to him personally against a signature on the back of the summons to be returned to the court. In the event that the person delivering the summons does not find the citizen summoned to court at his place of residence, the summons is handed over to one of the adult family members living with him with their consent for subsequent delivery to the addressee.
If the place of residence of the addressee is unknown, a note about this is made on the court summons to be served, indicating the date and time of the action, as well as the source of information.
An addressee who refuses to accept a court summons or other court notice shall be considered notified of the time and place of the trial or the performance of a separate procedural action.
If the defendant's place of residence is unknown, the court proceeds to consider the case after the court receives information about this from the defendant's last known place of residence.
If all these requirements are met, then the case can be considered in your absence. According to Article 233 of the Civil Procedure Code of the Russian Federation, if the defendant, who was notified of the time and place of the court session, failed to appear at the court session, did not report good reasons for the failure to appear and did not ask for the case to be considered in his absence, the case may be considered in absentia. The court shall issue a ruling on the consideration of the case in this manner.
According to Art. 22 of the Code of Civil Procedure of the Russian Federation, the Court leaves the application without consideration if: ... the plaintiff, who did not ask for the case to be heard in his absence, did not appear in court on a second summons, and the defendant does not require consideration of the case on the merits. Leaving without consideration is not a refusal. If the defendant insists, they will make a decision without you, it is far from always a decision in favor of the plaintiff. Either write to the court a petition for consideration without you (indicate that you support the claim), or go to court, or send a representative. If not, then it will depend on the circumstances.
If you do this twice and do not submit a petition for consideration in the absence of the plaintiff and send a copy of the judicial act by mail, then they will refuse.
the defendant can say whatever he wants.
reschedule if there is no application to be considered in your absence
summoned to court by a 3rd person, I don’t know either the defendant or the plaintiff, can I not appear? I really have nothing to say to them
If they call, then you need to appear. and if you don’t know, you’ll say so, you can also be fined for not showing up. Are you sure the agenda isn't fake?
You may not show up, no one will fine you. Only then do not be surprised if it turns out that the court decision affects your rights. It is in your interest to go and get acquainted with the merits of the case.
You may not show up. But you need to write to the court that you have nothing to say. Also, the court had to send a statement of claim.
it's better to go away
If the plaintiff does not appear in court, will he be fined for this? What will happen to his claim?
The court leaves the application without consideration if the plaintiff, who did not ask for the case to be heard in his absence, does not appear in court on a second summons, and the defendant does not demand that the case be heard on the merits. If the plaintiff does not appear for the second time, does not report that the reasons for non-appearance are valid and you do not insist on the consideration of the case on the merits, the judge will issue a ruling on leaving the application without consideration. It should be borne in mind that if the plaintiff presents evidence confirming the validity of the reasons for not appearing at the court session and the impossibility of communicating them to the court, the court cancels the ruling on leaving the statement of claim without consideration.
Will be left without consideration if the plaintiff did not ask to be considered in his absence
they can postpone it, or they can consider it and make a decision without it ...
Will not be. Leave without consideration. Returned to plaintiff.
didn't show up in court?
many factors
Are you asking us? We didn't have an agenda.
Depending on who you are identified in the process: the plaintiff, the defendant will be postponed, the Witness, also, or at the discretion of the court, if you have a petition to consider the case in your absence
I always appear if there are no other things to do
Who didn't show up? other side or witnesses?
Whooooooooo???
maybe he came
they will issue a drive to you and give it to the bailiffs for execution, then
Plaintiff and defendant did not appear in court. The judge rules in favor of the plaintiff. The secretary informs both parties by +++ by phone about the court decision, in which country is this possible? Or is it legally correct?
By phone normally and quickly .. They come to court for a decision. . It was the same with me .. Satisfied .. and time was not lost and quickly learned everything
What happens if the plaintiff does not appear in court?
If he does not appear in court twice without good reason, and there is no petition to consider the case in his absence, the court will leave the claim without consideration (Article 222 of the Code of Civil Procedure of the Russian Federation). Do not read the nonsense below. No one has the right to drag the plaintiff to court in handcuffs. It is his right to come to court or not.
They can be forced.
It was like that for me, the plaintiff did not come to court 1 time, the case was postponed, the second time he did not come, he was postponed again and did not come the third time. I only paid a fine. And the case was closed.
reschedule the trial
They will transfer all business ...
When filing a claim, the plaintiff may indicate\"Please consider without my participation\". If it does not indicate, but there is confirmation of the delivery of the summons, they can consider it without it, they can leave it without movement. See what's the deal.
In accordance with the eighth paragraph of Art. 222 of the Code of Civil Procedure of the Russian Federation, the court leaves the application without consideration if the plaintiff, who did not ask for the trial of the case in his absence, did not appear in court on a second summons, and the defendant does not require consideration of the case on the merits.
The meeting will be rescheduled.
Listen to Bereginya, he speaks correctly. I'll fix it up a bit. In case of repeated non-appearance of the plaintiff without a good reason, the claim may be left without consideration, but only if the defendant does not insist on consideration. That is, if the Respondent declares that he still wants to consider the case, the court will consider the case in the absence of the plaintiff. Don't read about handcuffs and other horror stories. The one who answers. it is unlikely that when the Code of Civil Procedure of the Russian Federation was opened
I am a plaintiff in court, but I was not sent a subpoena, what should I do?
Or wait, they will send more, or specify the date and time of the trial in court!
Go without a summons if you are interested in the outcome of the case.
Show up without a summons. It won't hurt the business in the slightest. \"The question, correctly posed, is the question resolved\". So they said in ancient times
You call either the court office, or pom. judges, but it’s better to go there personally and find out this issue, and at the same time write a statement on this fact to the chairman of the court in order to prevent possible actions against yourself.
if neither the plaintiff nor the defendant appears in court, the case can be closed???
Probably, nevertheless, the victim and the defendant, and not the plaintiff and the defendant. All of the above is true, if it does not apply to criminal cases of private prosecution. In accordance with part 3 of article 249 of the Code of Criminal Procedure of the Russian Federation in criminal cases of private prosecution, the failure to appear of the victim (he is also a private prosecutor) without good reason entails the termination of the criminal case on the grounds provided for in paragraph 2 of part 1 of article 24 of the Code of Criminal Procedure of the Russian Federation (in due to the absence of corpus delicti in the act).
shaz! 2 more times the subpoenas will be sent, and then they will be brought under escort to the court and a hefty fine will be imposed on both sides
No...a fine to both (or a warning if it's the first time)....
the case will be rescheduled. in the future, if the court has evidence that the parties have been duly notified, the court will consider the case on the merits and issue a judgment in absentia.
in criminal law, the plaintiff may not appear?? and in general, the plaintiff? in criminal law in civil cases, they can consider the case even in the absence of these persons .. as for the criminal .. there is no plaintiff-respondent and the case can be postponed more than once because of one witness
The convoy will arrive.
If the CLAIMANT is not present at the court and he does not ask to consider the case in his absence, then the court usually issues a ruling on leaving the claim without consideration.
the plaintiff did not appear in court .. the plaintiff has a lawyer, he is his confidant!
it turns out that the plaintiff can sit at home all the time and not show up?? throwing everything on a lawyer???
And the court sentenced him to ten years of strict regime for this.
Yes, it is his right.
Yes maybe. This right is granted by the Civil Code of the Russian Federation.
Yes, if the lawyer represents the plaintiff. This is a normal practice, for example, when the claimant is an organization.
why so eager to fill his face - the plaintiff ??
Maybe. If his attorney has an appropriate power of attorney
That's why he needs a lawyer/representative.
Yes. Even if there were no lawyer, he might not have appeared. The court would have considered the case in his absence. Based on the evidence that is in the case
the plaintiff did not appear at the court session without a good reason. Is there a punishment?
Punishment is not provided, it is his right. The second time will not appear - they will return the statement of claim back to the plaintiff.
Well, for starters, it's not in his favor))
if the application has already been accepted for proceedings, and the plaintiff does not give any information about himself and does not appear in the s / z, then the application will be left without consideration (if the plaintiff then comes to his senses and presents to the court documents confirming the good reason for his absence, then the deow proceedings will be resumed)
The plaintiff in the statement of claim may ask the court to consider the claim in his absence. This is his right. If the plaintiff did not ask the court to consider the claim in his absence and did not appear in court without a good reason, then the defendant has the right to declare that the plaintiff has lost interest in the claim, evidence in accordance with Art. 56 Code of Civil Procedure of the Russian Federation refuses to represent and ask the court to refuse the plaintiff's claims. The court must agree with the defendant and dismiss the plaintiff's claim. In the decision, the court must indicate that, when issuing, it took into account the balance of interests of the parties and the obligations assumed by Russia to protect citizens for trial within a reasonable time. The higher court will refuse to satisfy the plaintiff's complaint if such is filed.
ahem, gentlemen, this is a criminal process, and the presence of the plaintiff is mandatory.
plaintiff's default
If the plaintiff did not ask to consider the case in his absence and did not appear in court on a second summons, then the court may leave the application without consideration
without good reason - a fine and postponement of the case. if repeatedly something will be considered without it. with good reason to postpone the case.
The bailiffs may rush in and take them to the next meeting by force)))))
if the plaintiff did not appear in court twice and the judge ruled to leave without consideration, after how long does it come into force
This is not a solution. This is the definition. A court decision, by which the case is not resolved on the merits, is issued in the form of a ruling. This definition is not appealed (and this is meaningless). Because if the plaintiff wishes to continue the consideration of the case on his claim, then he needs to confirm the validity of the reasons for the absence - then the consideration of the case will be resumed.
Immediately, because it is not appealed
The decision of the court comes into force in 10 days
Chapter 19. LEAVING THE APPLICATION WITHOUT CONSIDERATION Article 222. Grounds for leaving the application without consideration The court leaves the application without consideration if: the plaintiff has not complied with the pre-trial dispute settlement procedure established by federal law for this category of cases or stipulated by the agreement of the parties; the application is submitted by an incompetent person; the application is signed or filed by a person who does not have the authority to sign it or file a claim; in the proceedings of this or another court, arbitration court there is a case initiated earlier on a dispute between the same parties, on the same subject and on the same grounds; there is an agreement of the parties on the transfer of this dispute for consideration and resolution of the arbitration court and from the defendant, before the start of the consideration of the case on the merits, an objection was received regarding the consideration and resolution of the dispute in court; the parties who did not ask for the case to be heard in their absence did not appear in court on a second summons; the plaintiff, who did not ask for the case to be heard in his absence, did not appear in court on a second summons, and the defendant does not demand that the case be heard on the merits. Article 223. Procedure and Consequences of Leaving an Application Without Consideration 1. Proceedings on a case in the event that an application is left without consideration shall end with a court ruling. In this ruling, the court is obliged to indicate how to eliminate the circumstances specified in Article 222 of this Code that impede the consideration of the case. 2. After the elimination of the circumstances that served as the basis for leaving the application without consideration, the interested person has the right to apply to the court again with an application in the general manner. 3. The court, at the request of the plaintiff or defendant, cancels its ruling on leaving the application without consideration on the grounds specified in paragraphs seven and eight of Article 222 of this Code, if the plaintiff or defendant presents evidence confirming the validity of the reasons for not appearing at the court session and the impossibility of reporting them to the court . A private complaint may be filed against a court ruling to refuse to satisfy such a petition.
At once. Leaving the case without consideration does not deprive the plaintiff of the right to continue the trial after the elimination of the reasons for leaving without consideration or proving the impossibility of attending and notifying the court.
if the plaintiff did not appear at the court session twice and the court decided to leave the application without consideration, the consequence of this
The Court ruled in this regard in this case. However, leaving the application without consideration is not grounds for refusing to accept a second application to the court, so you need to apply to the court again with this application ....
If the plaintiff did not appear twice, then the court should consider in his absence ....
if the plaintiff submits to the court documents testifying to the validity of the reasons for his absence, the proceedings on the case will be resumed
The court made the right decision. The production will be suspended, although it can be resumed .... at the request of the plaintiff!
This is not an obstacle to re-applying to the court.
The defendant did not appear at the 1st session, but I (the plaintiff) cannot appear at the 2nd session, I don’t see it as a business trip and I can’t inform you in person
Meeting rescheduled!
The plaintiff in a civil case does not come to court. How can the judge bring him? And make a decision without him?
if the plaintiff does not appear more than twice, then the claim remains without consideration, the court makes a ruling, and that's all the consequences.
The referee knows what to do...
Nothing but the agenda. It can make a decision without it (there are deadlines for resolving cases), or it can be postponed. The judge will decide.
if the plaintiff did not appear at the court session, the reason is unknown and the case was closed, what next
one of the principles of Russian legal proceedings is the principle of competition, i.e. interested person acts. if the plaintiff did not appear in court without a good reason, then he does not need the result of this process. keep all available documents on the process at your place, and in case this person reapplies with the same requirements for the same reasons, refer to this and say that your personal time and the activities of the court should not depend on \"want-want\" or\"I will not be \" some individual eccentric person who this demonstrates his frivolity in relation to this case.
he has the right to apply again
should have rescheduled the meeting
Everything, the decision came into force.
Write an application to update the hearing on the merits.
Can I not appear in court?
In the statement of claim, the plaintiff indicates\"please consider the case in my absence \" and may not come.
it depends on your procedural position. Are you a plaintiff or a defendant or a defendant or a victim, or a witness, or a prosecutor?...
In case of non-attendance at the preliminary court session, is it necessary to send a petition for consideration in the absence of the plaintiff? Civil process, magistrate
This is your right not to appear in the preliminary court, it will be considered without your presence according to the documents available in the case. The request may not be written.
If you are not going to be present at the trial at all, write a petition in which you ask to consider the case in the absence of the plaintiff and say that you are not against going to the trial on the merits, only it must be signed by the plaintiff himself and not his representative.
Hello! According to the legislation of the Republic of Kazakhstan, a preliminary court session (conversation), attendance at which is not required. You can even not write applications, not attach sick leave, etc. Good luck, Almat Zhusupov
Failure by the persons participating in the case to notify the court of the reasons for non-appearance and to present evidence of the validity of these reasons gives the court the right to consider the case in their absence. As a general rule, the court is not entitled to recognize the participation of the parties in the court session as mandatory if they have applied to the court with a request to consider the case in their absence and send them a copy of the court decision. An exception is the right of the court when considering and resolving cases arising from public legal relations.
Let me know if the plaintiff can not appear in court. meeting if he has a representative who himself will present everything to the court?
Maybe, but it is better if the plaintiff files an application with the court (possible through a representative) with a request to consider the case without his presence with the participation of the plaintiff's representative by proxy.
I lope times came subpoenas, I never went
Maybe if he writes an appropriate statement addressed to the judge.
Yes - a representative can be both a legal entity (a lawyer on the basis of a concluded agreement - an order and a power of attorney) and an individual on the basis of a power of attorney certified by a notary. For minors, the legal representatives are the parents and there is no need to issue a power of attorney to represent their interests. Good luck!
Yes. representative can, but by proxy
Of course, that's why he's a representative. But you need to write a statement to the judge indicating the reasons for the absence and requesting that the appointment be held in your absence.
can the plaintiff be fined if he does not appear in court on telegrams, telephone messages, subpoenas?
if the plaintiff does not appear twice, the court will leave his claim without consideration and that's it. Articles 222, 223 Code of Civil Procedure of the Russian Federation
The absence of the plaintiff at the court session (including without a good reason) is not a basis for imposing a court fine on him, there are no court fines for this, but other consequences are possible, Munhak is absolutely right
Can the plaintiff's representative not appear in court? what can this lead to?
if the plaintiff or representative fails to appear again, it gives grounds to leave the case without consideration
If there are many plaintiffs, do they all have to appear in court?
a power of attorney is enough for someone, preferably a lawyer
Clause 3, s 40 of the Code of Civil Procedure of the Russian Federation: Each of the plaintiffs or defendants in relation to the other party acts independently in the process. The accomplices may entrust the conduct of the case to one or more of the accomplices.
How is an objection to the consideration of the case in their absence of the plaintiff made?
To the question of the court: \"Are there any objections to the consideration of the case in the absence of absentee persons?\" It should be answered: \"Yes, Dear Court, I object to the consideration of the case in the absence of the plaintiff, since there are a number of questions to it in the claim, namely. ... I ask you to recognize the appearance of the plaintiff as mandatory. The law does not provide for the mandatory appearance of the plaintiff, but nevertheless, in some cases, the courts are willing to ensure that the plaintiff appears in court.
If YOU are the defendant, then, to YOUR regret, none))) But, nevertheless, the appearance of the plaintiff is NOT in YOUR favor. But the non-appearance of the defendant will make worse only for the defendant himself. And again, a lot depends on the circumstances of the court proceedings .... write me in a personal in more detail, as a lawyer, maybe I can help.
In the absence of whom? Judge, secretary or prosecutor?
What are the consequences of the plaintiff's failure to appear in court If the plaintiff does not appear at the court session several times in a row, will the court make a decision on the case?
If there is no information about the proper notification, or if the court recognizes the reasons for non-appearance as valid, the consideration of the case is postponed. If the plaintiff fails to appear again, if the defendant does not require consideration of the case on the merits, the court leaves the application without consideration
Of course not. All will be left without consideration. If the plaintiff does not need it, then why should the judge?
for whatever reason the plaintiff did not appear. most likely they will postpone, and then, if the plaintiff is properly notified of the time and place of the court session, the court will make a decision based on the evidence that is presented.
If there is no petition from the plaintiff to consider the case in his absence, he will most likely issue a ruling on leaving the claim without consideration.
) Article 167. Consequences of non-appearance at the court session of the persons participating in the case, their representatives [Civil Procedure Code of the Russian Federation] [Chapter 15] [Article 167] reasons. 2. In case of non-appearance at the court session of any of the persons participating in the case, in respect of which there is no information about their notification, the trial of the case is postponed. If the persons participating in the case are notified of the time and place of the court session, the court shall postpone the trial of the case if the reasons for their failure to appear are recognized as valid. 3. The court has the right to consider the case in case of non-appearance of any of the persons participating in the case and notified of the time and place of the court session, if they do not provide information on the reasons for non-appearance or the court recognizes the reasons for their non-appearance as unjustified. 4. The court has the right to consider the case in the absence of the defendant, notified of the time and place of the court session, if he did not inform the court about the valid reasons for the absence and did not ask to consider the case in his absence. 5. The parties have the right to ask the court to consider the case in their absence and send them copies of the court decision. 6. The court may postpone the trial of the case at the request of the person participating in the case, due to the absence of his representative for a good reason.
Making a decision in the absence of the defendant is a serious ground for its annulment. As a rule, subpoenas are sent to participants in the process by registered mail, or handed over personally in the process of preparing for the service of the case. therefore, the participants are notified accordingly of the place and time of the court session. The defendant may delay the consideration of the case without appearing in court, but this cannot continue indefinitely, the court has the right, if necessary, to deliver the defendant to court under escort.
If the plaintiff did not appear at the court session for the first time, can the court begin consideration of the case? If possible, please provide a link from the CPC
Within the meaning of Article 167 of the Code of Civil Procedure of the Russian Federation, the court may consider the case in the event of the plaintiff's failure to appear only if there is information about duly notifying him of the time and place of the court session(otherwise, the proceedings are subject to obligatory adjournment). In addition, at least one of the following conditions must be present: 1. the plaintiff did not provide the court with information about the reasons for the failure to appear; 2. the plaintiff provided this information, but the court found the reasons for the failure to appear disrespectful; 3. The plaintiff requested that the case be considered in his absence and that a copy of the court decision be sent to him. In this case, in the first two cases, the court can still postpone the trial, but in the third case, it is obliged to consider the case in the absence of the plaintiff.
No - if the reason for the non-appearance is unknown and there was no request (petition) to consider the case in his absence.
In my opinion, no, it’s just that the court session is postponed for another time ... But you must warn the court for what reason you cannot come to the court session ...
In accordance with Art. 222 of the Code of Civil Procedure of the Russian Federation, the court leaves the application without consideration if the plaintiff, who did not ask for the case to be considered in his absence, did not appear on a second call, and if the defendant does not ask for the case to be heard on the merits. So, here, as in a counting rhyme - the first time the plaintiff is forgiven, the second - it is forbidden ... Yes, and as for the trial of the case, the court, on the basis of paragraph 1 of Art. 169 of the Code of Civil Procedure of the Russian Federation may postpone it if any of the participants in the process (including the plaintiff) did not appear and submit an application with a request to consider the case in his absence.
only in one case, if he wrote a statement on the consideration of the case without his participation. BUT if he does not appear two or more times, and if he is properly notified, then the court may leave the claim without consideration.
Plaintiff didn't show up?
If in the claim or in any petition the plaintiff asked to consider the case in his absence, then he can. If the court does not know the reason for the absence of the plaintiff, in principle, the Code of Civil Procedure of the Russian Federation does not prohibit the court from starting consideration of the case on the merits. But, as they rightly said here, do not forget about Article 222 of the Code of Civil Procedure of the Russian Federation
Can not. Will not appear at the second, leave the claim without consideration and return it to the plaintiff.
If the defendant insists on the consideration of the case in the absence of the plaintiff, Art. 167 of the Code of Civil Procedure allows the court to consider the case in the absence of the plaintiff, if there is information about his proper notification and there is no petition to adjourn the trial.
If the defendant or the plaintiff was properly informed, then, by decision of the judge,
It's strange, usually the defendants don't go to the sul, I don't remember the link from the Code of Civil Procedure, the court will consider the case in the absence of the plaintiff in absentia proceedings.
I, the plaintiff filed a consumer protection case, the court was appointed, but the defendant did not appear. she is not satisfied with the amount (large) and stated that if the defendant does not appear at the second meeting, then she postpones the case, due to the fact that she is going on vacation. Can the case be transferred to another judge or wait for her?
Mayhem!
I do not recommend rewriting. Contact the presiding judge.
Came back from arbitration today. The judge has been dragging the case since November under completely far-fetched pretexts. The defendant did not appear even once, has already sold the property and is completing the liquidation. I don't see a chance.
You really don’t need to rewrite the claim, the amount you indicated is your right to demand as much as you think is necessary, and the court in its decision must determine the amount to be attached to you according to the law.
In your case, the judge does not have the right to demand "rewrite the claim", because. he accepted it for production, and therefore, the claim meets all the requirements. The judge can no longer return it. The Civil Code of the Russian Federation provides an exhaustive list, according to which it is possible to terminate the commenced proceedings. The "dislike the amount" motif is actually nonsense. He can reduce the amount of payment on completely legal grounds, if he finds them, and display them in the operative part of the decision. Don't wait for the judge. Contact the chairman with a written complaint (preferably a request) in 2 copies (1 for yourself with a visa) for an early consideration of the case. Here are links to articles of the Civil Code of the Russian Federation. Article 154. Terms for consideration and resolution of civil cases 1. Civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court, and by a justice of the peace until the expiration of a month from the date of acceptance of the application for proceedings. Article 167. 2. If any of the persons participating in the case fails to appear at the court session, in respect of which there is no information about their notification, the trial of the case is postponed. 4. The court has the right to consider the case in the absence of the defendant, notified of the time and place of the court session, if he did not inform the court about the valid reasons for the absence and did not ask to consider the case in his absence. If the trial of the case is adjourned, the date of a new court session is set, taking into account the time required to call the participants in the process or to obtain evidence, as well as taking into account the time period established by law for the consideration of this civil case (Article 154 of the Code of Civil Procedure of the Russian Federation - 2 months) - clause 2 of Art. .169 Code of Civil Procedure of the Russian Federation. To call the defendant - 1 week - is enough
Nadezhda in the Kemerovo region is really going on with the lawlessness in the courts, for some time he lived there. You don’t need to rewrite anything, at the expense of postponing, ask the court to make a decision in absentia - in the absence of the defendant.
There was a trial to reduce the amount of alimony, won by the plaintiff, the defendant did not appear, the defendant was on hand, it must be taken to the SSP
BSC works only with originals.. You will bring a court decision.. So what?? It has not yet entered into force, as I understand it, if the defendant was given 10 days .. But after a lapse of time, if nothing is appealed (God forbid, of course), then the court itself will send all the papers to the SSP, including IL. And there, talk with your bailiff, how to do everything faster ..
so bear it
You can even hire the defendant if it is a percentage of the salary. And if a fixed amount, then the SSP. In any case, SSP is better
He doesn't have 10 days. Writs of execution are not subject to appeal. The decision of the court entered into force.
Why does the judge require the plaintiff to notify the defendant that he must appear in court?
\"Obliges \"-is you bent. The legal right of the court to ask, if you have the opportunity, your right to say that I do not have such an opportunity. That's where this conversation usually ends...
According to the civil procedural law, a claim may be considered in the absence of the defendant, if there is information about his proper notification of the place and time of the consideration of the case. The notice may be different - a subpoena. telegram. telephone message, fax, etc. If the respondent does not receive a summons by mail, does not pick up the phone, then it is problematic to notify him. There is also such a thing as the term for consideration of the case. The law allows the judge to transmit subpoenas through persons involved in the case. Since the plaintiffs are vitally interested in the speedy consideration of the case, so as not to go to court 100 times, they often serve summons. If the plaintiff does not want at all, then they cannot force him. So you will walk until the defendant is notified in some way.
Mostly due to workload.
The court cannot oblige, the judge can only ask.
The court cannot be bound. May ask. This is in the interest of the plaintiff.
You should have a subpoena, And the judge shouldn't be doing this!
Tell me, if the plaintiff was unable to appear in court, due to the fact that there was a need to be at work, will problems arise because of this?
If the court is not biased and if there is a good reason and you said it to the court in a timely manner and in the form, then there are no problems. But, pay attention to how much - IF and that's not all. there are significantly more of them. In my case, with the partiality of the court and the corruption of the court, the plaintiff does not come at all at one meeting .... The representative says so - ask the plaintiff - how can I know this from ... And the court writes in the protocol - and in The RESPONDENT did not prove the decision ... and naturally - I lost, in the counter case against this plaintiff, - she is the defendant there - the same story ... Voooooot what a court in Tallinn. So I lost my apartment - now I'm losing my life ...
Will arise. No time, no need to sue. Or hire a lawyer. Two non-appearance of the plaintiff in court without good reason and the claim will be left without consideration.
Can I appear in court without a summons? I am a plaintiff in a civil case. The court appointed a meeting, the date and time are known to me. I cannot receive the summons sent to me (I am in another city). Can I come to a meeting without an agenda?
you can, the main thing is a passport
You can, but don't forget to take your passport with you.
no civil subpoenas are sent to plaintiffs. come yourself. You can with a representative.
If the plaintiff did not appear in court, how can this play a positive role in the position of the defendant? The plaintiff filed a motion with the court to adjourn the court session, but the court denied the motion!
If the plaintiff was officially warned about the date and time of the hearing of the case, that he was refused to postpone the date of the hearing, then the failure to appear in court does not give rise to the postponement of the case. They can consider without a plaintiff. If not warned properly, then there is reason to appeal against the decision of the court, if it was issued at the time of the absence of the plaintiff. If the court refused to postpone the trial, then the reasons for this were disrespectful.
You'll just be free longer! =)
In theory, they should simply hear out the defendant, and schedule an additional hearing so that the plaintiff can speak. My sister was in a similar situation. In principle, this did not play into the hands of the defendant. Although we now know for ourselves what kind of laws - whoever gave the most on his paw, he will win ...
The defendant has a chance to prove that the plaintiff is NOT right. After all, that will not happen at the hearing and he will be able to present evidence refuting the arguments of the defendant.
It is possible, and sometimes necessary, for the plaintiff not to go to court. In all cases, arguments must be made in writing. The protocols are horrendous. Most of your words will not get into the protocol anyway.
As I understand it: the plaintiff filed a petition, he was denied, but despite this he did not appear ... In principle, everything here is at the discretion of the court. Option 1. His claim could be denied. Option 2. They will forgive you at once (you never know what happened) Option 3. They will forgive you, but they will already be biased.
The plaintiff did not appear at the court session, the defendant was present, how many times the case can be adjourned
Max 3 times
If the plaintiff was notified and did not write an application for the adjournment of the case or for consideration in his absence, with rare exceptions (alimony, etc.), the court should have withdrawn the case from consideration.
Art. 222. Code of Civil Procedure of the Russian Federation Grounds for leaving the application without consideration\"... the plaintiff, who did not ask for the case to be heard in his absence, did not appear in court on a second summons, and the defendant does not require consideration of the case on the merits\"
There are many reasons to postpone the case. The law does not provide for any penalties for failure to appear in court, so gathering all the participants in the process in the courtroom is not an easy task. This is especially difficult to do if there are several defendants involved in the case. If the purpose of the defendants is to delay the process, they may take turns absent for good reasons, and cases will be postponed many times.
If the plaintiff does not appear, can the court session be rescheduled?
Article 169 those who take part in the case, about which there are no statements, which they were served with court summonses; 2. non-appearance at the court session of a party or any of the other persons who take part in the case, notified in the prescribed manner of the time and place of the trial, if they reported the reasons for the non-appearance, which were recognized by the court as valid; 3. the first non-appearance without good reason of a duly informed plaintiff at the court session or failure to notify him of the reasons for non-appearance, if he did not submit an application for consideration of the case in his absence; 4. if the court deems it necessary for the party that filed the application for consideration of the case in its absence to give a personal explanation. It is also possible to call the plaintiff or the defendant for personal explanations when their representatives take part in the case. 2. The failure of a representative to appear at the court session without good reason or failure to notify him of the reasons for the failure to appear shall not be an obstacle to the consideration of the case. At the request of the party and taking into account the circumstances of the case, the court may postpone its consideration. 3. In the event of repeated failure to appear at the court session of the plaintiff, duly notified, without a good reason, or failure to notify him of the reason for repeated failure to appear, if he did not receive an application for consideration of the case in his absence, the court leaves the application without consideration. 4. If the court does not have information about the reason for the defendant's failure to appear, duly reported, or the reason for the failure to appear is recognized as disrespectful, the court decides the case on the basis of the data or evidence available in it (makes a decision in absentia). 5. The consequences determined by parts two - four of this article also occur if the party leaves the courtroom. Article 170. Consequences of failure to appear at the court session of a witness, expert, specialist, interpreter , a specialist, an interpreter who did not appear, and issues a decision to continue the trial or to postpone the consideration of the case for a certain period. At the same time, the court decides on the liability of a witness, expert, specialist, translator who did not appear.
they will do so.
the court declares it impossible to consider the case in this court session due to the absence of any of the participants in the process
Yes, they will transfer it, and if without a good reason, then they will give a fine
whatever the case...
They can. He will not appear at the second meeting without a good reason, they will leave the claim without consideration and return it to him.
Can the judge decide if all parties fail to appear?
Only if the parties ask to consider the case in their absence.
If the defendant is not, then the court will decide without him (in absentia). If the plaintiff did not appear and there is no application for consideration of the case without him, the court leaves the claim without consideration.
What happens if you don't show up at the court?
Ha! They will bring, deliver... If nothing serious - the sums are small, the plaintiff - government agencies, etc. - nothing will happen. The Pension Fund has been trying to get pension contributions from me for 4 years - nevermind him!
They carry subpoenas, but they are useless - zero point, zero tenths.
This is from practice. And there theorists advised you :).
adjourn the meeting for a month
If you are a judge, the hearing will be adjourned.
If you are the plaintiff, the hearing will be adjourned.
If you are the defendant, then anyway, sooner or later you will have to go to court (they won’t lag behind), they will get you subpoenas, then they will start to fine you, if you don’t respect the reason for the failure to appear.
The judge will issue a drive and drag him in slippers, there is no need to anger the court, well, this is in criminal cases, if in the process you, the defendant, can count on a change in the measure of restraint.
If the question is about deprivation of rights, then 100% will be deprived.
If you are a defendant in court, see paragraph above.
If you are a plaintiff, your application will be dismissed.
Depending on how many times not to appear in court, if at the first meeting, they will postpone it. If for the second, without good reason, there is a notice of receipt of the summons and the statement of claim, then they will make a decision in absentia. You will be sent a copy of the decision, which you have the right to appeal within ten days.
It depends on what relation you are to the court, and in what order of legal proceedings. But if there is a witness, they will bring you here and there!
What would you like?
Civil Code Article 167. Consequences of non-appearance at the court session of the persons participating in the case, their representatives 1. The persons participating in the case are obliged to notify the court of the reasons for the non-appearance and provide evidence of the validity of these reasons. 2. In case of non-appearance at the court session of any of the persons participating in the case, in respect of which there is no information about their notification, the trial of the case is postponed. If the persons participating in the case are notified of the time and place of the court session, the court shall postpone the trial of the case if the reasons for their failure to appear are recognized as valid. 3. The court has the right to consider the case in case of non-appearance of any of the persons participating in the case and notified of the time and place of the court session, if they do not provide information on the reasons for non-appearance or the court recognizes the reasons for their non-appearance as unjustified. 4. The court has the right to consider the case in the absence of the defendant, notified of the time and place of the court session, if he did not inform the court about the valid reasons for the absence and did not ask to consider the case in his absence. 5. The parties have the right to ask the court to consider the case in their absence and send them copies of the court decision. 6. The court may postpone the trial of the case at the request of the person participating in the case, due to the absence of his representative for a good reason. Arbitration Article 156 to the consideration of the case on the evidence available in the case. 2. The parties have the right to notify the arbitration court of the possibility of considering the case in their absence. 3. If the plaintiff and (or) the defendant duly notified of the time and place of the trial fail to appear at the court session of the arbitration court, the court shall have the right to consider the case in their absence. 4. If the persons participating in the case did not appear at the court session, and their presence in accordance with this Code was recognized as mandatory by the arbitration court, the court may impose a court fine on these persons in the manner and in the amounts provided for in Chapter 11 of this Code. 5. If other persons participating in the case and duly notified of the time and place of the trial fail to appear at the court session, the court shall consider the case in their absence.
With the norms of the Civil Procedure Code, both the plaintiff and the defendant can conduct cases through a representative. Having a representative, you also have the right to be present in court. How was the subpoena sent to you? If not properly, you can throw it away and not walk. It all depends on how much you are interested in the court. If you have been duly notified and the court has confirmation of this, as well as if the court considers that it can be carried out without you, then it will be carried out. There are many options and it all depends on the circumstances of the case
Shot three times and each to death!!! :-)
The plaintiffs were pretty offended, morality was impudently violated, Madonna did not appear at the trial - is it really a pity for 300 thousand?
The Madonna is above all courts, Insolently can trample on That, about which the plaintiffs fought so hard, And .. . sorry to give money!
Basil, the scoundrel, stole a bag of potatoes from the collective farm! And as a child, after all, he was told that there are laws and morality. He did not heed, a scoundrel, and now - shaved, stands, lowering his eyes. After all, he cannot, like Madonna, put his \"\"device\"\" on trial.
Plaintiff and defendant live in different cities. Is it possible to file a claim at the place of residence of the plaintiff? What are the consequences if the defendant does not appear in court (the city is different!)?
The claim is filed at the place of residence of the defendant! If the defendant ignores the call to court, then the issue is resolved without his participation and often not in his favor!!!
The claim is filed at the place of residence of the defendant! If the defendant does not appear at the hearing, the court is adjourned, after the second failure to appear in the courtroom of the defendant, the judge has the right to issue a judgment in absentia in the absence of the defendant.
if this is a case of alimony, then, according to the plaintiff, it is possible.
if the plaintiff did not appear in court?? divorce through court
tomorrow the first appearance (the husband-respondent wants 2-3 months for an example, I DO NOT WANT, categorically)
tomorrow is not a divorce yet, but the judge appointed an appearance (maybe she wanted to talk with us together)
if I don't come to court tomorrow, won't they divorce us faster??
maybe if I don’t show up tomorrow we won’t be given time to try on?
in general, I want to achieve that quickly divorced
and in general, to be honest\"husband \" even in court I do not want to see, we have not lived for a long time, he does not even visit the child.
tell?
or still go tomorrow?
it is better to go, but you can act in court through a representative, and a lawyer is not required ....
failure to appear in court will not help you quickly resolve the case .... it is better to provide evidence that you and your husband have not run a common household for a long time, do not live together, do not communicate .... evidence can be documents, testimonies of witnesses .... has it makes sense to bring witnesses with you and ask the judge to question them.
if you don’t show up, then they will certainly give 2-3 months for reconciliation
write a telegram, I fully support the claims for reconciliation, I do not agree, please consider without my participation
on the contrary, you must appear and tell the judge about this that you refuse reconciliation so that this is recorded in the protocol
Write a statement to the court with a request to consider the case in your absence, and forget about your husband.
No, your failure to appear in court will not help you get a divorce quickly. If one of the spouses requires a conciliation period, then on the basis of paragraph 2 of article 22 of the RF IC, the court has the right to grant a conciliation period of three months, if after the conciliation period you insist on dissolution of the marriage, then your marriage will be dissolved,
bring a statement to the court with a request to consider the case in your absence. Indicate that you are advancing on the claims, the period for reconciliation is not needed.
Pay for the services of a lawyer and he will go to court without you. The result of his work will be a coveted historical document, a certificate of divorce. Just if you do not go tomorrow, the court may well give a three-month period for reconciliation. And you will know about it only later.
I was also offered time for reconciliation, I refused. They asked him, he wanted to, but said that if I still didn’t agree to go for reconciliation, then there was no point. But, we have an adult daughter. I don’t know. If you don't have kids, then it's easy.
There was a trial to reduce the amount of alimony, won by the plaintiff, the defendant did not appear, the decision is in hand, it must be attributed to the SSP
No, it can only be started after the entry into the court. decision in force, i.e. after 10 days (if there is no complaint). The judge will put a seal on the decision ONLY when it comes into force
after the entry into force of the court decision, it is necessary to obtain a writ of execution. only on the basis of this document, the bailiff is entitled to perform executive actions
Such situation. The plaintiff filed a lawsuit in court, the date of the court hearing was set, the plaintiff did not appear. Court sessions have been postponed. Second
Article 222 of the Code of Civil Procedure of the Russian Federation - leaving the claim without movement. The court will issue a ruling on the basis of Article 222 of the Code of Civil Procedure of the Russian Federation. The plaintiff has the right to cancel the ruling at his request, and the defendant also has the right if the arguments are convincing to the court. A private complaint can also be filed against the ruling. Or he has the right to file a new claim.
If the plaintiff does not appear without good reason, the court may leave the claim without consideration
if not respectful, then a fine is likely ..
help is needed. . there will be a world court, do I need my presence???? 7
If you are a plaintiff or defendant, you must appear
If you are duly notified and do not appear before the magistrate, he will consider the case and make a decision in your absence. And it will be legal.
Failure to appear in court. What happens if one of the spouses does not appear in court in a divorce case? (divorce is carried out through the court)
If the plaintiff himself filed and did not appear, then they are transferred to the next time. If the plaintiff himself did not appear three times after the transfer to other days, then the consideration is terminated. If the plaintiff comes to court, and the defendant does not come, having received or not having received a summons, three times in a row, then the case is considered unilaterally. That is, in favor of the plaintiff. If the defendant has objections to the divorce, then even if the case is considered unilaterally, he has the right to file a complaint with the court for consideration of the case in his presence. Even if both appear in court, the divorce is not considered in one meeting. The court will give both of you a period to restore the family, in my opinion, only at the third or fourth meeting will you get a divorce. Because even if you both agree to divorce, you will still be given time to think before taking this step.
oops... it's better not to joke with this!)
The meeting is postponed! If you fail to appear for the second time, they are bred without a second participant in the process!
After three no-shows, they will divorce automatically
They will postpone the meeting a couple of times, and then decide without a non-appearance. True, he can then resume the trial by writing a statement that his rights were violated, he did not receive subpoenas (but if he didn’t receive it, he didn’t sign it, and you have to drag out time)
If it was duly notified, and there is evidence of this in the case, and no application for adjournment has been received, then they will consider it from the first time.
Kukusik gave you the correct answer.
If the plaintiff has not appeared in court 2 times already and the case has not been considered, then during what period can he resume the process
Usually in the application they write that they are asked to consider the case in the absence of the plaintiff.
it's a long and painful process
the question is not clear - if the plaintiff did not appear at the court session 2 times and did not provide respect for his absence, then the court leaves the application without consideration, then the plaintiff applies to the court to resume proceedings
the case should be dismissed. Then the plaintiff, if he has a good reason, applies to the court with an application for the resumption of proceedings. There are no hard deadlines for making such an application.
and why not demanded to consider in the absence of the plaintiff?
Is it possible for the plaintiff not to appear in court (collection of alimony)
Can. If duly notified, they will be considered in his absence.
if the court has evidence that you have received a court order to schedule a court session, the court will consider it without you.
There won't be a big problem.
The absence of the plaintiff is fraught with leaving the claim without consideration. If you do not ask in writing to consider in his absence.
it’s better to write a statement about the consideration of the case without your participation or in some other way notify the judge, otherwise she may give you a fine (in the event that you received a subpoena against signature) sum of money
Is there a good reason not to appear in court? to the victim. doesn't want to go and...
If you are a victim, a plaintiff, especially if you are not the only victim, then they can do without you. But, it’s more profitable for you to go to the first meeting and speak out in court. I was once robbed by a guy on the street. It turned out there were four of us. One of the victims did not appear in court, there was nothing terrible. I don’t know if she wrote any statements, but she warned that she couldn’t come because of a business trip. It's OK. By and large, the prosecutor can say everything for you by reading out your testimony. I also did not go to all subsequent hearings, without indicating any reasons at all, the judge himself at the end of the first meeting said that our personal presence was not necessary.
in the application it was necessary to write - I ask you to consider the case without my participation
Please tell me what good reasons can be found for the plaintiff himself to appear in court, and not his lawyer? We will soon have a lawsuit, the plaintiff hired a lawyer who speaks on his behalf, but we need the plaintiff himself to participate in court at least in one trial, we want to look into his shameless eyes, so to speak, what kind of petition should be drawn up with good reasons about him presence in court?
What did the plaintiff do, he doesn't pay alimony
you better think about what to win, and not force the plaintiff to come. he has every right to appoint a lawyer in his place. and such a question should be asked to lawyers, they will do everything competently and properly
So write in the petition: I want to look into shameless eyes, I ask you to ensure the immediate appearance of the plaintiff, only the keyword SHAMELESS EYES. if you don’t write about them, then you will be 100% refused ..
Petition before the court for the personal appearance of the plaintiff. But, not the fact that such a request will be granted
Shameless eyes are not a mandatory reason for the plaintiff to appear in court in person. It is necessary to prove to the court that his appearance is obligatory. That only he personally can answer something or explain something. It all depends on the decision of the court on this issue.
If the plaintiff does not ask to consider the case without him and does not appear in court, but the defendant has appeared, then the judge: a) leaves the claim without consideration; b) make a decision to dismiss the claim to the plaintiff; c) makes a decision in favor of the defendant. Does it make sense to go to the second court session on this claim, if the plaintiff did not appear at the first court session? I hope the second one doesn't come.
You should not miss the meeting, because now the judges are actively exaggerating\"theme \" of comparing the desire of the parties to the process to solve the case in their favor (\"fashion \", looking at Strasbourg). At the same time, even if one does not appear, and the other is on the spot, the case will be considered on the basis of the case materials and evidence that the non-appearing party provided in writing and submitted to the court. The plaintiff - according to the statement of claim and the documents attached to it. The defendant - according to the response to the statement of claim and the documents attached to the response. Consideration in case of non-appearance of one of the parties is allowed only if the non-appearing party was duly notified of the place and time of the consideration of the case.
If it is important for you to consider the case as soon as possible, then you should not miss the meetings.
Read the Criminal Procedure Code of the Russian Federation :)
The hearing of the meeting will be adjourned. The hearing of the case and the issuance of a decision may be in the absence of the defendant, if he, in turn, was properly aware of the date, time and place of the meeting.
if the plaintiff fails to appear at the court session, the judge is obliged to adjourn the consideration of the case. In the event that the plaintiff does not appear SECONDLY at the hearing, does not notify the court of the reasons for the absence, and does not ask to consider the case in his absence, the court may leave the plaintiff's claim without consideration (in my opinion, Art. 222 of the Code of Civil Procedure of the Russian Federation). If the defendant insists on consideration of the case on the merits in the case of the second non-appearance of the plaintiff, the judge will be obliged to make a decision, but not necessarily on the refusal of the plaintiff in the claim. Simply, the judge will have to consider the plaintiff's claims on the merits, and if they are legal, the decision can be made in favor of the plaintiff.
If one of the parties fails to appear at the hearing, the court adjourns the proceedings. In case of repeated failure to appear, he may leave the claim without consideration, if he does not consider it possible to resolve the case on the basis of the available materials.
I can’t appear in court (I am a plaintiff), they put me in the hospital. The judge at the preliminary hearing asked me to bring evidence to the court session (there was no defendant), which, all the more, I can’t. it takes some time to collect them.
How to do it right?
a petition to the court (preferably by registered mail, but you can fax): I'm in the hospital, I'll bring a certificate. I ask you to postpone the trial for 2 weeks. date signature about the call Lydia is wrong. in no case do not call, they can stupidly spend without you and leave without consideration (no one likes extra work)
Take a certificate from the hospital and send it to the court by mail with a request to postpone the case. You can call the Associate Judge and warn you that you are absent from court due to illness.
Can the defendant (divorce proceedings) require the plaintiff to appear in court?
Yes, he can demand anything, but to oblige to appear is problematic. The plaintiff may ask to consider the case in his absence CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION Article 167. Consequences of the failure to appear at the court session of the persons participating in the case, their representatives 2. If any of the persons participating in the case, in respect of which there is no information about their notification, the trial of the case is postponed. If the persons participating in the case are notified of the time and place of the court session, the court shall postpone the trial of the case if the reasons for their failure to appear are recognized as valid. 3. The court has the right to consider the case in case of non-appearance of any of the persons participating in the case and notified of the time and place of the court session, if they do not provide information on the reasons for non-appearance or the court recognizes the reasons for their non-appearance as unjustified. 5. The parties have the right to ask the court to consider the case in their absence and send them copies of the court decision. ONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION DECISION dated July 15, 2008 N 468-О-О ON REFUSAL TO ACCEPT FOR CONSIDERATION THE COMPLAINT OF CITIZEN ZINAIDA ALEKSEEVNA TIMOFEEVA ON VIOLATION OF HER CONSTITUTIONAL RIGHTS BY ARTICLES 167 - 169 GRA ZHDAN PROCEDURE CODE OF THE RUSSIAN FEDERATION 2.2. From the content of Articles 167 and 169 of the Code of Civil Procedure of the Russian Federation, it does not follow the right of the court to oblige the party to the case to personally participate in the court session. Part five of Article 167 of this Code directly establishes the right of the parties to ask the court to consider the case in their absence and send them copies of the court decision, while the court in this case either considers the case in the absence of the party or adopts a ruling to adjourn the proceedings. As regards the possibility of appealing against the above ruling of the court, these norms do not regulate this issue and, therefore, in themselves cannot be considered as violating the constitutional rights and freedoms of the applicant. Because of this, her complaint and in this part cannot be accepted by the Constitutional Court of the Russian Federation for consideration.
you know, it's strange, usually the defendants don't go....
Why bother applying if you don't show up later.
You can demand everything, but the court will make the right decision upon appearance too.
There is no obligation, especially since the party to the case has the right to file a petition for consideration of the case in its absence or in the presence of a representative.
may require. but the judge will never grant such a request. to appear or not in court is the right of the party. only witnesses who are required to appear on the summons are allowed. but the plaintiff or the defendant may not come to the process. the only thing is that if the plaintiff did not ask for the consideration of the case in his absence, then the court leaves the application without consideration (Article 222 of the Code of Civil Procedure Grounds for leaving the application without consideration: - the plaintiff, who did not ask for the consideration of the case in his absence, did not appear in court on a second summons , and the defendant does not require consideration of the case on the merits)
she can write a statement on the consideration of the claim in her absence and then no one can force her to appear in court, but as long as there is no such statement, she must appear on the agenda
Demanding is his legal right, and the court will decide.
How to divorce your husband at a distance through the court? (What will happen if the defendant and the plaintiff do not appear in court, will they divorce us?
File a claim at his place of residence - you can mail and write an application for consideration of the case in your absence. He will not appear 2 times, they will divorce you 3 times without him, then they will send you a decision.
They will divorce. Is it necessary? Well thought?
The wife must be sure to indicate the address of the husband in the application.
they will divorce you through the court if you, i.e. plaintiff, come to him. the absence of the defendant may be considered as contempt of court.
You send a summons to your husband with a notification, you show it to the court that he was notified. Will divorce without him.
Hire a competent lawyer and you can not deal with this case at all. Your presence is optional, you will be represented by proxy. The absence of a spouse in court (subject to his notice) will also not interfere with the dissolution of the marriage. Provided that there is no dispute about children, the marriage is dissolved quickly.
You need to write a statement of claim for divorce and send it to the Magistrate's Court at the place of residence of the husband. In the text of the claim, indicate that due to the remoteness of your residence you will not be able to attend the meeting and ask to consider the claim in your absence. The claim is filed in 2 copies, paid by the state duty - 400 rubles, a certificate is attached. about marriage and copies of certificates. about the birth of children
What threatens the plaintiff who does not appear at the court session and the defendant who also does not come to court? Civil cases, NOT CRIMINAL! Somebody knows?
If the plaintiff does not appear twice at the meeting and does not declare that the case has been considered in his absence, then they will leave the claim without consideration. And if the defendant does not appear twice, then they will issue a decision in absentia.
If this is 2-3 times in a row, then they can solve the problem in the direction of who was present. I think so.
vozmojnost prinyatiya resheniya v otsutstvii odnogo or vozmojnost otkloneniya rassmatrivaniya dela voobshe.Posmotrite grajdanskii kodeks,tam vse budet napisano v podrobnostyax.
Nothing threatens. There will be no trial without a plaintiff. If the plaintiff later appears, the trial can be postponed on a separate application. It is even easier with the defendant: after three failures to appear without a good reason, the case, according to the plaintiff, can be considered in the absence of the defendant.
In civil proceedings, nothing threatens if both the plaintiff and the defendant have documents explaining their absence from the court session: sick leave, travel certificate, etc. The trial will be rescheduled for another date.
Nothing threatens, but one wonders why go to court and not come to court hearings?!
They can impose a fine (not big), but the main thing is that they will be considered in their absence. not always desirable
What to do? I can't appear in court on the 20th, I'm one of the plaintiffs. On the 20th, I need to be in the hospital at this time, get the conclusion of the VEC and take it to the personnel department. We are relatives there, in general, one name is not correctly written in the privatization paper. A lawsuit against the city administration, that is, a trifling matter. Call what to say? I found the site of the court, I can write, but what should I write? Please tell me. Relatives can also verbally tell the judge what?
if the preliminary meeting is okay, call the assistant judge and explain, you can send a petition by fax or transfer it with a relative that you ask the court to consider the preliminary meeting in your absence, and ask to set a date for the main one to notify you about the time and place. if the main one, either a power of attorney, or petition to postpone the case for a new date
Give one of the co-plaintiffs a power of attorney to represent your interests in court
and what do you want? You can consider in your absence, you can (ask) to write a petition to reschedule the consideration of the case materials
No, you can’t verbally!! At the preliminary hearing, you need to report this, confirming your absence with documents! Otherwise, the court session will be held in absentia, that is, without you
Write a petition for consideration of the case in your absence and transfer it with another plaintiff.
Send a telegram to the court.
What threatens me if I do not appear at the 2nd court session? Plaintiffs - GAI officers did not appear at the 1st
Article 167. Code of Civil Procedure of the Russian Federation Consequences of non-appearance at the court session of the persons participating in the case, their representatives 1. The persons participating in the case are obliged to notify the court of the reasons for the non-appearance and provide evidence of the validity of these reasons. 2. In case of non-appearance at the court session of any of the persons participating in the case, in respect of which there is no information about their notification, the trial of the case is postponed. If the persons participating in the case are notified of the time and place of the court session, the court shall postpone the trial of the case if the reasons for their failure to appear are recognized as valid. 3. The court has the right to consider the case in case of non-appearance of any of the persons participating in the case and notified of the time and place of the court session, if they do not provide information on the reasons for non-appearance or the court recognizes the reasons for their non-appearance as unjustified. 4. The court has the right to consider the case in the absence of the defendant, notified of the time and place of the court session, if he did not inform the court about the valid reasons for the absence and did not ask to consider the case in his absence. 5. The parties have the right to ask the court to consider the case in their absence and send them copies of the court decision. 6. The court may postpone the trial of the case at the request of the person participating in the case, due to the absence of his representative for a good reason.
The administrative protocol will be considered without you or the meeting will be rescheduled, nothing terrible will be imprisoned.
What threatens me? execution or life imprisonment ... and if they regret it, they will consider the claim without you and the whole business, but what's the matter, they can even adjust the convoy ....
If you are brought to administrative responsibility, then they will issue a decision without you. There are no plaintiffs and defendants in administrative proceedings.
Traffic cops are not plaintiffs, but witnesses.
What happens if the plaintiff does not appear in court? Criminal case, art. 158.
If you mean about the victim, then the case will be postponed
There will be nothing. The judges will take a bribe and close the case on the 4th failure to appear.
ruin the whole thing
he is not a plaintiff, but an accused, they will change the measure of restraint, he will sit in jail
In the criminal process, there is of course such a party as\"civil plaintiff \" but I suspect that you are asking about the victim. What happens if the victim doesn't show up? This is a criminal process, therefore, his appearance is mandatory, respectively, they can deliver a drive, as well as impose a fine. Once, but you must appear in the process.
Ah, the victim of the civil suit said?
I received a notice to appear in court as a defendant! consideration of a civil case in 5 days. the plaintiff is a fucking organization, to which I myself have a bunch of claims. when and how to file a counterclaim? before this date, right on the spot, or after? and what to take with you?
Take nothing with you except your passport (if the claim is against you as an individual, if as a legal entity or individual entrepreneur, then documents confirming the legal capacity of the legal entity, documents confirming your authority, for an individual entrepreneur - a passport, documents on registration as an individual entrepreneur). Apply for the postponement of the s / s due to the fact that you need to familiarize yourself with the claim and the case file. Take your time, you need to study the essence of the claims against you. A counterclaim can be filed if there are grounds (not any claim can be filed as a counterclaim). Maybe you can file your claim in another court and file a move in this court to suspend the consideration of the claim against you until your claim against them is considered ... Maybe you think it’s worth hiring a representative ... Don’t rush into battle, sometimes it’s useful \"marinate\ "the enemy, let it cool.
A counterclaim can be filed at the first court session. The case will therefore be automatically adjourned to a later date. But\"what to take with you \" - this issue should be decided on the basis of the merits of the claim brought against you and the materials available in the case
Your emotions are understandable, but a counterclaim can only be filed if the claims on it are directly related to the claims made on the original claim. Specifically, it will be possible to say on the issue after getting acquainted with your relationship with the plaintiff organization
A counterclaim may be filed at any stage of the proceedings. to the debate sides. During the debate and after, it is impossible to file a counter Moscow time. At the preliminary meeting, you can indicate that you will file a counterclaim.
you must first present a claim and then a court decision on acceptance of the claim. then the court session. that is, to acquaint on what grounds the claim was accepted.
In the lawsuit, we acted as a third party. They did not appear in court. The plaintiff at the trial attracted us as defendants, the court satisfied the claim, m We are an appraisal organization, we were the 3rd person, naturally relaxed. they are not interested in the value of the object of the dispute. But the plaintiff, under the protocol, attracted us as defendants, we did not expect and want to appeal the decision. And what about the appraiser, if he is not an interested person?
Appeal the decision of the court if you think it is illegal, and do not relax any more.
The replacement of an improper defendant is made on the basis of Article 41 of the Code of Civil Procedure of the Russian Federation. Such a replacement is made by the court at the request of the plaintiff or with his consent.
The court was obliged to notify you properly after bringing you in as a defendant. If there is no proper notification, then there are legal grounds for canceling the decision. It is necessary to comply with the deadline for filing a cassation complaint \\ or canceling the default decision.
I wonder how long the division of the loan between the former spouses can be delayed in court, and if the plaintiff does not appear in court?
even with a turnout, such a trial can drag on for a long time. We are from the former my husband shared a credit car, so it took almost a year, despite the fact that both were at all meetings! There were 6 preliminary meetings
Have they prepared a bed for him in the hospital? :)
Sometimes the courts last for 2 years.
The defendant did not appear at the hearing of the justice of the peace. A decision was made in favor of the plaintiff. BUT ... The court cannot send its decision to the defendant, since he was deregistered from all addresses known to the plaintiff and the court (there is a certificate). Only the address of the defendant's place of work (he is a state of emergency - a beauty salon) and the address and home phone number of a rented apartment are known 100%. The court cannot send its decision there, the plaintiff is afraid to go to work or to the defendant's house. HOW DO I SERVE THE DECISION TO THE RESPONDENT??? Plz tell me.
If he was removed from the register after applying to the court and considering the case, then the judge must apply the law by analogy. That's what everyone does. Article 118 In the absence of such notification, the court summons or other court notice shall be sent to the addressee's last known place of residence or location and shall be deemed delivered, even if the addressee no longer lives or is not located at this address.
APPLY TO THE BAILIFF or send the court decision with notification
I don't know if it works... but maybe through an ad in the local newspaper...
Execution on the spot upon detention is a joke, but seriously, I would send it by registered mail with notification addressed to the head at the place of work
On receipt
My old mother is constantly threatened by plaintiffs in gr. case that she herself must appear in court, and not her representative. If the mother is sick and her representative comes to the courts, they demand that an offsite court session be held at her home
Your mother can write an application for consideration of the case in her absence, if she has not written yet and the court will consider the case in her absence with the participation of a representative. The plaintiffs can ask for an off-site meeting, but the court will refuse this petition, there will be no need. To make it easier, let your mother or her representative write objections to the claim with the personal signature of the mother and the representative will attach objections to the case.
nothing like this. she can write a power of attorney in which to indicate what actions the representative is entitled to perform. and if they threaten, then it is to the police. Art. 48, 49, 54 .... in general, chapter 5 of the Code of Civil Procedure
The plaintiffs are not right. Threats are subject to criminal liability. You are being taken, as they say,\"to show off \". Watch your facial expressions, do not show emotions, do not enter into bickering. A colder head will win.
Neither the plaintiffs nor the court have the right to order your mother to appear in court if she has a representative. And even more so to hold an exit meeting at home. This statement is generally similar to the delirium of a madman ...
It's not good to threaten. There are situations when the participation of a person is necessary, the court itself will decide on the need to involve your mother in direct participation in the case or on an off-site meeting. As a rule, this is the greatest rarity. Let her not worry, but she will write a statement to the court about the consideration of the case in her absence.
Depending on the nature of the threats, think about contacting the police, and write a statement about the case in the absence of the plaintiff, as they say,\"more papers, cleaner ass \" (sorry for being rude, but true)
There were three court sessions on debt collection. The plaintiff and the defendant did not appear without respect. reasons. What are the actions of the court?
read the textbook, do not collect the opinions of non-professionals ....
Since the case is about collecting a debt, it means that the plaintiff needs it first of all, and since he did not appear. Close the case.
Is it necessary to indicate the reasons for the absence in the application for consideration of the case in the absence of the plaintiff in the arbitration court? The plaintiff was present at the first meeting. The defendant did not appear. We want to send the application by mail. To go to court almost a day. Is it possible not to indicate valid reasons, but to refer to Art. 156 APC RF. We think that our presence will not affect the decision.
yes, you have the right not to appear at the hearings by notifying the court
Contact a free legal consultation here on this site urid-consult.ru/ for Moscow and the Moscow region and for all other cities uridpomoshvam.narod.ru/ Just fill out the form and they will call you back and advise what you need to specify! They helped me !!!
what can be done so that the plaintiff personally appears in court session to find out a number of nuances that are very important for resolving the case?
ask for his summons
If the court thinks so, it will summon him and adjourn the case by a hearing.
File a motion to ensure the plaintiff's personal appearance at the hearing.
Mentally address him: I WANT TO SEE YOU IN COURT. Not ON THE COURT, but IN THE COURT.
if you don’t interest him that it’s in his interests, then it’s good to scare rrrrrrrr
NO way .... as we did not insist that the plaintiff's testimony would be significant in resolving the case (and they were really significant), the court, apart from the usual summons, did not take any action.
How do you think the defendant will appear in court? And the plaintiff? this is what he got up to! Are you weak? Anyone can sue anyone? And write against the wind .... http://news.mail.ru/society/1431270/print/
The Almighty created Heaven and Earth and everything on it .. gave us the Bible (if quite straightforward - a guide or instruction) ... and what are we doing? We completely violate everything! and we're still singing! As they say, there is nothing to blame on the mirror, if the face is crooked! We ourselves are to blame, and we ourselves will have to answer for what we do with our home, the Earth, and with our lives!
So it is. But with your own expressions, a man can write against the wind, if carefully. And WOMEN do not care about the wind at all. There would be a reason, and then the court will sort it out. These Americans are snickering, insolent.
If a court summons has come from the court, the court will request to appear for a conversation, in the capacity of the plaintiff. WHAT needs to be done, following the situation in my apartment on Monday, April 23 at 7.30 am, they gushed in the kitchen from the sink of sewage from the common riser: the suspended ceiling, walls, floor, furniture, carpet were flooded !!! called the chairman, plumbers, neighbors!!! I drew up an act in the presence of plumbers, neighbors, members of the board of the housing cooperative - about what harm was caused by this flood-!!! The chairman refused to be present when the act was drawn up !!! a photocopy of the drawn up atka, to which she said that our act was invalid and she would draw up her own. plumber in the hospital, I wrote another statement to her indicating the harm to the mother of 20 thousand rubles and moral, but she did not accept this statement, because. before that, I gave her one with an indication of simply compensation for harm !! and she had to give the act on Saturday, but again it was taking time !!! I want to go to the world court, but I don’t know how to file a lawsuit !!!
A conversation is not at all scary and, in accordance with the Code of Civil Procedure, it is not even a preliminary meeting! There is no need to prepare especially, it is enough to re-read your own statement of claim. During the conversation, I advise you to listen to what the judge will say! These are the most important points in the case! If you can’t come to the conversation, it’s also not scary, but it’s better to call the court and report good reasons.
By the way - according to the law, failure to appear for a conversation or a preliminary meeting is NEVER regarded by the court as a waiver of the claim! Here, failure to appear at the main meeting, and twice and without good reason, is the basis for leaving the claim without consideration, i.e. later it will be possible to apply to the court with the same requirements! Good luck!!!
what does it mean I don’t know how to file a claim if the summons has already arrived ??? The summons is sent only after the application is accepted for production! File a motion to order a forensic examination of the damage caused. Also ask for compensation for non-pecuniary damage.
Definitely have a conversation. Since this is a preliminary meeting where the documents are handed over to the defendant (if not yet handed over) and the claims of the plaintiff are clarified. In the presence of both parties and if the defendant has documents (previously sent and he was familiarized), it is possible to start the consideration of the case on the merits.
By the way, the non-appearance of a preliminary meeting can be understood by the court as a waiver of the claim!!! So it's better to go if you don't want to be left without a claim!
The court usually summons persons for a conversation to find out whether there will be petitions from the parties, whether there will be lawyers, check documents, offer to conclude a settlement agreement, explain your rights, and you never know what. The conversation is not a court session, during which you can also ask the court a question. From practice, the conversation lasts 10-15 minutes. In your case, you cannot claim compensation for moral damage. He is not. Receive only compensation for material damage to the extent that you can prove it.
A very interesting situation. Of particular interest is the respondent. Who is he according to your claim? Check it out in conversation.
how do you not know. So you will tell there in all colors and details what was going on with you, how you drew up the acts, who participated in this, bring a copy of the application for compensation. In general, act-demand!!!
The defendant did not appear in court. This is not to say that this is the norm, but it happens quite often during the trial. In the Code of Civil Procedure of the Russian Federation - such a possibility is allowed, as well as the consideration of the case with the issuance of a court order in absentia. However, it is necessary that both parties to the trial agree to the absence of the defendant.
Ensuring the appearance of the plaintiff and the defendant
Despite the fact that the defendants, in principle, may not come to court, the courts do everything to ensure their appearance. Both (or more) participants in the litigation are notified of the place and time of the court session. The summons is sent by mail and handed over personally against signature to the plaintiff and the defendant. If this is not done or is not done according to the norms of the Code of Civil Procedure in violation of the deadlines, then the defendant has every right to put forward a counterclaim: to recognize the court decision in absentia as invalid.
The defendant also has the right to notify the court of the impossibility of attending the court for a good reason (illness, business trip, etc.). He may also request that the hearing of the case be rescheduled for another period. If there is no such application or it is not received on time, the trial can be held and the decision can be made. The plaintiff also has the right to insist that the trial be held only in the presence of the defendant(s).
If the defendant does not appear in court
The court session without the defendant takes place in the same way as in his presence. The presented documents and material evidence are studied and analyzed. If necessary, examinations are carried out, experts and witnesses are heard. If the defendant fails to appear in court, he or she may be replaced at the hearing by a legal representative (by proxy). For example, in the event that the respondent spouse does not appear for divorce, it is possible to divorce those who were previously married even with minor children, if there is a representative. Such a court is not considered absentee. However, the defendant may file a cassation complaint on the basis of a review of the case or its additional investigation. 
The no-appearance situation can last for years, as the plaintiff or the defendant demand that the trial be held only in the presence of the latter. The defendant himself may insist on this. Thus, the litigation is delayed. Sometimes judges, for some reason, are not inclined to hold a meeting without a defendant, without imposing fines, without using a forced drive. Those. the decision to hold a court session and its length in time largely depends on the behavior of its participants.
The court must be summoned by summons with proper notice of the place of the court session. A court summons is handed over to a citizen by registered mail with a notice and must be signed and the summons cannot be issued to anyone else and such a registered letter is stored at the Russian post office for 7 days. Provided that it was not possible to serve the subpoena, the letter is returned to the court with a note about the impossibility of delivery.
Most importantly, if you do not receive a summons, and in the case you are a defendant or a plaintiff in a civil proceeding, then a decision in absentia may be made in the case, or the consideration of the case will be postponed for about one month, and a summons to summon you to court will be sent again. meeting.
In the age of computer technology, it has become more and more convenient, but even here the main thing is not to miss. If, for example, you owe the bank a loan and you know that there will be a court soon and you, for example, live in the Kuzminki district of Moscow, then search for “Kuzminskiy district COURT” and go to the site and click “search for court cases” and in in the window that opens, a search box will appear, so in the “sides” box, write your last name or the last name of another participant in the process and click search. As a result, you will learn about the date and time of the court session. Of course, this can be done by analogy with other cases. Similarly, you can check information on criminal cases, simply by changing the type of case pending before the court in the search box.
Can I appear in court without a summons?
You can appear in court without a summons, but then you will need to explain to the court why you do not have a letter with a summons and how you were notified of the date and time of the court session. The main thing is that you, as a participant in the process, appear in court, as this plays to your advantage and there are chances to win the case. If you know that there will be a loss in the case, then you can send a notice to the court that the case be considered in your absence and attach documents confirming your absence for a good reason, and the presence of the summons itself is not a prerequisite if you are going to go to court on one's own. It is important for the court to know whether you were notified of the hearing or not.
The summons arrives by letter in advance before the appointed date of the court, but provided that there are no failures in the work of the Russian post office, then there will be time to receive a registered letter with a summons, and of course to prepare for the court, as well as familiarize yourself with the materials of the criminal or civil case.
Attention
Important: If a letter with a subpoena has arrived, then do not waste time and find out in what case you are called and in what capacity.
Important
The summons can come, as already mentioned, only by registered mail and only you can receive it.
People often ask me, and after how many days a letter with a subpoena arrives, I’ll tell you as it usually happens. The plaintiff files a lawsuit, and the court considers the statement of claim, and if it accepts, then preparations are underway for the court session with the notification of other participants in the process, whether it is a criminal or civil case. Here the notification of the date and time of the court session itself takes place by telephone, that is, they can simply call you on the phone and tell you about the date and time of the court session, but at the same time they send the summons by registered mail and say for what exact time the summons will reach the addressee to anyone it is not known, but for example, in Moscow such letters from the ASC take about 7 days.
What happens if you don't show up in court?
All the same, if you have already received the subpoena, then either you need to come to court or send an appropriate notice about the impossibility of appearing at the court session, otherwise the court may think about delaying the case, which is not very good. Also, if the court ruled that the attendance of a participant in the process is mandatory, then the court will be postponed very often and for a long time, and the person to whom the obligation to appear will be brought to court forcibly or fines will be imposed on this participant in case of evasion.
The court sometimes sends the summons to the place of work, if it was not possible to deliver the summons to the address of permanent registration, but it also comes to the point that the letter carrier can hand over the summons personally to you and notify you of the court case. Of course, if the case concerns an administrative offense, then more often the courts issue decisions in absentia, but it’s better not to bring it to this, but it is desirable to defend your rights and win!
Called as a witness and what happens if you don't show up?
The law is arranged in such a way that witnesses are the most significant participants in the process and without their testimony, a criminal or civil case can be considered from a different angle, and here the court always warns witnesses who come to court about criminal liability for giving false testimony and I want to note that the plaintiff and the defendant they are not warned about criminal liability, so I think it is now clear that for a correct and fair decision of the court it is desirable that there are witnesses in the case and preferably not one. However, if you have received a subpoena in a criminal case, and the person who is being defended is not familiar to you, then it is better not to refuse to go to court, as in this case you may be forcibly taken to court.
You can talk for a long time about subpoenas, letters, correct notifications, but the main thing here is the timing of notifications and your control. If you don’t know what to do, then write to me and we’ll think about what to do, since everyone has their own case and it is individual and do not delay the solution of the issue in civil and especially criminal cases. Sincerely, Your Law
In accordance with Article 168 of the Code of Civil Procedure of the Russian Federation, failure to appear on the agenda may result in the imposition of a fine, especially when it comes to valuable information or the defendant. It also provides for the possibility of compulsory bringing to court. But such actions can be carried out if a person has received an official notification in the form of a summons.
What happens if you don't come to court on a subpoena?
- Basically, in civil and administrative proceedings, the absence of witnesses, the plaintiff or the defendant is not an obstacle to the consideration of the case. However, there are a number of features. The plaintiff may not be present at the meeting only upon filing an application or if there is a representative. Otherwise, the court simply will not consider the case. The absence of the defendant and witnesses is not an obstacle to making a decision. It will be extremely difficult for the defendant to subsequently challenge the decision, especially if a correct and lawful notification process has been carried out;
- If we are talking about the criminal process, then everything will be more complicated. First, if a person fails to appear for the hearing after receiving the summons, a penalty in the form of a fine can be used. If a person does not have the opportunity to attend the meeting, then he must certainly submit a petition, indicating the reasons for the absence. Secondly, if the witness is valuable, then the process of forced bringing can be carried out. Thus, it becomes clear that if you do not appear in court on a subpoena, then serious problems may arise.
Consequences of failing to appear in court
As you already understood, the main type of punishment in this case is precisely the fine. Please note that the court makes a decision on the need to pay a fine for contempt of court and failure to appear at the process. After it, you receive this decision and are required to complete the payment process. If no payment is made within a clearly defined amount of time, then the possibility of enforcement is formed through the work of the executive service. You also need to draw your attention to the fact that there is a variant of forced bringing to court, which is carried out by bailiffs who may appear at your place of residence or work.
If you have not received a subpoena in accordance with the established norms of Article 116 of the Code of Civil Procedure of the Russian Federation, then you have the right not to attend the court session, and use against you ...
If the summons to the court has not arrived, you can visit the court office and find out about the progress of the case, find out information about the appointment of a court session. At the same time, you must...
