Judicial summons in a civil case: sample 2021

What is a subpoena

A subpoena is a document consisting of two parts.
One is handed to the addressee, the second half is torn off and returned by the delivery service to the judicial authority. It is important to take into account that the part of the summons that is torn off is a notice on which the addressee must put a personal signature. Mandatory details of the summons include information about the place and time of the court hearing, as well as the full name of the proceedings.

It should be noted that if the individual who received the summons is a defendant in the case, then along with a notice of the place and time of the court hearing, copies of the statement of claim and accompanying documents will be sent to him. This legislative norm provides for timely familiarization of the defendant with the case materials.

What is a subpoena

A court summons is a document confirming the fact that a statement of claim has been received by the judicial authorities in your name.

Along with a notice in the form of a subpoena or registered letter, copies of procedural documents are sent to the person participating in the case. Subpoenas also serve to summon witnesses, experts, specialists and translators to court. Note: Not to be confused with court cable.

Background information on vessels

What is a subpoena

Mandatory details of the summons include information about the place and time of the court hearing, as well as the full name of the proceedings.

Types of subpoenas (forms)

According to the instructions for judicial proceedings approved by orders of the Supreme Court of the Russian Federation dated April 29, 2003 No. 36, there are 6 types of subpoenas, with different levels of responsibility:

Subpoena in a criminal case (Form No. 28) Summoned to court as a defendant. Is there liability? If the defendant fails to appear without good reason, the court, on the basis of Art. 247 of the Code of Criminal Procedure of the Russian Federation has the right to bring a person who fails to appear, as well as to choose or change a preventive measure in relation to him.
Subpoena in a criminal case (Form No. 29) Called as a witness. There are no consequences for no-show.
Subpoena in a civil case (Form No. 30) Summoned as a defendant or plaintiff. Consequences: If the defendant, notified of the time and place of the court hearing, fails to appear, if he did not request to consider the case in his absence and did not inform the court about valid reasons for the failure to appear, the court has the right to consider the case in the absence of the defendant. In case of failure of the plaintiff to appear, who did not ask for the case to be heard in his absence, did not appear in court on a second summons without good reason, and in the absence of the defendant’s request to consider the case on its merits, the court leaves the application without consideration (Article 222 of the Code of Civil Procedure of the Russian Federation). If the parties fail to appear without good reason for a second summons, the court leaves the application without consideration if it does not consider it possible to resolve the case based on the materials available in the case (Article 222 of the Code of Civil Procedure of the Russian Federation).
Subpoena in an administrative case (Form No. 30-a) Summoned as an administrative defendant. Liability: In case of failure to appear at a court hearing without good reason, persons whose participation in the consideration of an administrative case is mandatory by law or recognized by the court as mandatory, may be subject to a fine in the manner and amount provided for in Articles 122 and 123 of the CAS of the Russian Federation. In case of repeated failure to appear at a court hearing without a good reason, a duly notified administrative defendant who is not vested with state or other public powers and whose presence at the court hearing is mandatory by law or recognized by the court as mandatory, may be brought to court (Article 120 of the Russian CAS Federation).
Subpoena in a civil case (Form No. 31) Summoned as a defendant or plaintiff. There are no consequences.
Subpoena in an administrative case (Form No. 31-a) Summoned as an administrative witness. There is no responsibility.

There are two more forms for administrative proceedings, but they are extremely rarely used.

Service of subpoena

According to Article 116 of the Code of Civil Procedure of the Russian Federation, a judicial summons addressed to a citizen is handed over to him personally against a signature on the counterfoil of the summons to be returned to the court. A summons addressed to an organization is handed to the appropriate official, who signs for its receipt on the counterfoil of the summons.

If the addressee does not receive the subpoena in person due to absence at the specified address or due to other circumstances, the postal worker or courier makes a corresponding note on the notification. A similar recording is made in the event of the addressee’s refusal to accept the summons.

If a citizen is summoned to court in a case on recognizing him as incompetent or partially capable, a note is made on the summons about the need to serve such a summons to the addressee in person. Serving a summons in a case declaring the addressee incompetent or partially capable to other citizens is not permitted.

It is also important to understand that receiving a notice and continuing to ignore it entails legal liability in the form of a fine. Even if the recipient ignores the subpoena a second time, this is not grounds for dismissal of the case. The court has the right to begin consideration of the proceedings even in the absence of the defendant.

Sample subpoena

Consequences of failure of parties to appear in court upon notification

There are two options for punishment for failure to appear in court, depending on which party ignored the meeting:

If the plaintiff fails to appear, the judge adjourns the hearing and the applicant is fined. If the hearings are ignored again, the proceedings on the claim are closed.
If the defendant does not come to court, then in some situations the hearings are held without his presence. In cases where the presence of the second spouse is mandatory, the judge has the right to forcibly deliver him with the involvement of state bailiffs.

Important! In a situation where the responding party misses hearings three times, but it is impossible to prove the fact of deliberate neglect, the court considers the case in absentia and makes a decision in favor of the plaintiff.

The default judgment is sent to the responding party by email. If the spouse disagrees, he has the right to demand that the verdict be canceled within seven days from the date of receipt of the notification. If the weekly deadline has passed, the defendant has the right to file an appeal within a month and turn the situation in his favor.

Valid reasons for failure to appear in court

According to the law of the Russian Federation, the following circumstances are considered valid when the defendant does not come to court:

lack of notice or untimely receipt of it;
illness of the spouse or his close relative, which has documentary evidence;
emergency circumstances, such as a hurricane or landslide;
absence of a spouse in the city or country;
long work trip;
impossibility of presence due to poor transport links.

Important! Often, government officials consider the defendant’s failure to appear due to lack of financial opportunity as a valid reason.

How should a subpoena be issued?

The appearance of the agenda is quite difficult to describe. In principle, this is an ordinary piece of paper, which at the top has the name “court summons for such and such a case,” and the case number must be indicated. The text of the summons itself must indicate in what capacity the person is being summoned to court - witness, defendant, third party, expert, etc. Contents of the summons:

The name and address of the court where you will need to appear after receiving the summons;
The date and time of the court hearing must be indicated;
The details of the addressee who is summoned to the trial are indicated;
Information on the case that will be considered at the court hearing is indicated.

As for the subpoenas that are sent to the persons participating in the case, in this case copies of documents are necessarily attached, which act as a kind of evidence in the case. Information about the liability that is possible in case of refusal to appear in court is also indicated. That is, if the defendant or plaintiff refuses to attend court without good reason, then fines may be imposed on them. If a participant in the case is unable to attend the trial, he may file a petition to postpone the court hearing.

Contents of the petition to call a witness

Any petition or application to call a witness must contain information that is mandatory, in the absence of which the petition will not be granted by the court. It does not matter whether the call for witnesses is stated orally or in writing, such information must be present.

Firstly, in the application to call a witness it is necessary to indicate what circumstances this witness will confirm to the court. In this case, the specified circumstances must be of significant importance for the case (Article 56 of the Code of Civil Procedure of the Russian Federation), put forward by the court for discussion and relate to the burden of proof of the person who declared the call of the witness.

Secondly, the application must indicate the full last name, first name and patronymic of the witness, and his address. You cannot indicate alleged data, only initials, or indicate a witness without giving his address.

I would like to note that the above information must be indicated in both written and oral applications.

Agenda and its meaning

It is very important that the subpoena is sent in advance. If no one at your place of residence has accepted the summons, it can be sent to the participant in the process at work. The summons is usually sent by mail with notification. That is, after receiving the letter, the participant in the process is required to sign for its receipt. From this moment on, a person’s responsibility for attending court is formed. If a person has not received a summons, the court hearing may be postponed altogether. If a person filed a petition that he cannot attend the meeting, then in this case the court may decide to postpone the case or consider the case without the presence of the party, if the other party agrees.

Civil case

Since 2002, in the Russian Federation, thanks to the Civil Procedure Code, it has become a legal opportunity to conduct a hearing of a case without the personal presence of both the author of the statement of claim and the defendant, in certain cases even without representatives of both parties. Of course, in practice, each participant must be notified of the planned meeting, but he has the right not to attend it if there are good reasons for this.

After some time, additions were made to the article: the trial can be held without the defendant 3 times in a row, and at the fourth meeting the case can be considered without him.

The interested parties in a civil case are both the plaintiff, who knows about the date of the trial from the clerk, and the defendant, who theoretically received a subpoena. Some courts (for example, Primorsky) practice remote access to information and post information on their special website. As a result, the defendant is often left in the dark and risks knowingly losing the case.

Procedure for issuing subpoenas

This procedure is described in:

Civil Procedure Code (Civil Procedure Code);
government decree “On approval of the rules for the provision of postal services”;
set of rules for judicial proceedings.

The Code of Civil Procedure states that all interested citizens are invited to court by means of an official letter (registered) or a subpoena with notification of receipt by the addressee. Telegrams, telephone messages and other means of communication are considered alternative methods of notification, thanks to which the attendance of all interested citizens is ensured.

What is a subpoena for divorce?

In general terms, a notice to the court is an official document by which the defendant is informed of the need to attend a meeting. According to the Code of Civil Procedure of the Russian Federation, there are two ways to notify the second spouse:

by mail, by sending a registered letter with acknowledgment of receipt;
by telephone followed by recording of telephone messages.

At the same time, the latter version of the notification is often disputed in court, since the plaintiff is not always able to prove the fact of a conversation with the defendant.

Important! If the defendant received the notice by mail and signed his signature, then if he fails to appear in court, the judicial authority has the right to impose sanctions on him.

Phone call

A telephone message is one of the most accessible, but also the least provable options for summoning to court. It is difficult to track and confirm the call. It should be noted that the Code of Civil Procedure pays a lot of attention to official notification, but there is no information about situations when we are talking about a telephone call, the fact of which must be proven. All provisions of the code in question, reflecting the procedure for serving a subpoena, lose force in a controversial situation, because the information there is more suitable for subpoenas transmitted on paper rather than by telephone.

Another alternative to informing a citizen is a telegram, which is delivered personally or can be received at the post office. This method is used to notify those who are afraid of the word “agenda”, but do not ignore telegrams. The time of its delivery is prescribed by the postal representative.

Enforcement proceedings

The work of bailiffs is often associated with the seizure of property due to non-payment of a monetary debt or fine. If a citizen was absent from the court hearing and did not receive summonses and notices, he has a chance of seeing representatives of the enforcement department in 7 days on the threshold of his home. Officially, after the ruling is made, a seven-day period is given to voluntarily repay the debt or to file an appeal in court (extension of the appeal period).

If it turns out that the court hearing took place without the presence of the defendant and without his knowledge, if you disagree with the decision made, you must urgently contact the court with a request to reconsider the case. During this time the bailiffs will not bother you.

Civil cases considered without the presence of the person responsible for the statement of claim were most often initially opened at the request of banks, the tax service, and collection agencies. In such relatively obvious cases, the guilt of the defendant, who is the debtor, is proven quite simply. In the case of the plaintiff represented by a company whose activities are based on insurance of human life, health and property, the story is different.

Here it is recommended to find out how the office notified the interested parties, and based on what evidence the judge considered the outcome of the case obvious. A civil subpoena is no less important than other types of cases and must be served on the defendant prior to the hearing date to allow time to prepare supporting documentation as evidence.

How is a subpoena issued?

What should the agenda look like and what is the procedure for filling it out? It states:

name of the court that issues the notice
case number
date and time of meeting
in whose capacity the person is invited to the hearing (plaintiff, defendant, specialist, accused, etc.)
list of penalties (if the person does not appear at the meeting)
counterfoil, which is provided for the recipient's signature

Upon receipt of a summons, a citizen must check all the information specified in it, and only after that put his signature, which will be proof of receipt of the notice.

Important! If a person received a subpoena in a civil case, but she did not appear at the hearing, then such proceedings, in most cases, are considered in absentia.

Sample summons for a civil case

When the hearing is held without the person to whom the notice was sent, a duplicate of the court order is sent by mail or given to the person during a personal visit to the court office. It also happens that the summons simply does not reach the addressee, and the hearing takes place without his participation. In such a situation, the person has every right to appeal the court’s decision, especially since a whole month is given for this.

If the matter concerns administrative liability, then this is indicated in the notice. The list of such cases includes:

Violation of traffic rules
drinking alcohol in a public place
smoking in inappropriate places
violence that is used against cohabitants
making a fire in the forest, which is a source of fire
hunting forbidden animals

It is worth noting that this list is not accurate, as adjustments are made by the government almost every year.

Notice of administrative case

If a summons comes in for a criminal case, then you definitely shouldn’t ignore it. These cases are considered with particular importance, and failure to appear may have unpleasant consequences. If a citizen is called as a witness, then a thorough interrogation about the incident will follow at the meeting.

It also happens that the interrogation lasts several hours, this is necessary so that the court can more thoroughly understand the current case and make the right decision. If a citizen is called as an accused, but he avoids coming to court and tries in every possible way to prolong the litigation, then this can lead not only to a fine, but also to imprisonment.

Summons in a criminal case

Hiding from notice

In administrative cases, they are faced with the defendant’s reluctance to receive subpoenas. This approach to the case is chosen to avoid administrative liability due to failure to appear. The statute of limitations for consideration of such hearings is 2 months, and if during this period the case through the fault of the defendant was not brought to completion, the latter wins. Amnesty for an administrative violator occurs in case of failure to appear for a good reason, but if the hearings have already been officially scheduled, on the fourth day the judge will make a decision without the defendant.

Judicial summons - judicial notice

One form of judicial notice is a summons with return receipt requested. Using this tool, the parties are informed about the time and place of the court hearing. Or about performing certain procedural actions. By means of a judicial notice, witnesses, interpreters, experts and specialists are summoned to the court. A summons is always a written form of judicial notice, and in a strictly established form.

The court may send copies of documents along with the subpoena. Now the plaintiff himself is sending a copy of the claim and documents to the participants in the case. And in most cases, the parties hand over evidence in advance. However, when filing a private complaint or supervisory complaint, the court sends documents to other participants in the case. The first subpoena comes with a ruling to accept the claim for proceedings.

In a subpoena, the court invites the addressee to present all available evidence in a civil case, determines the range of circumstances to be established and proven in the process, and explains the consequences of refusal to receive a subpoena (the person is considered to have been notified of the events set forth in the subpoena).

Subpoena

Many people are faced with the problem of litigation. Nowadays, filing a lawsuit is a common thing, since human disputes that cannot be resolved peacefully lead to the inevitable filing of an application. But litigation does not always go as quickly as desired; sometimes proceedings drag on for several months, or even more.

There can be many reasons for filing a claim: divorce, division of property, labor disputes, debt collection, etc. But not all applications can be accepted by the court for further consideration. There may also be quite a few reasons for refusal, and it is better to contact a lawyer before filing a claim, and together with him, plan and draw up everything correctly. This will help avoid unnecessary problems when submitting paper, as well as its further review.

Filing a claim

Everyone knows that one of the forms of judicial notice is a summons. If you have no idea about this document, then examples can be found on the Internet. This paper is very important, as it contains information about the place and time that was appointed by the court for a hearing on the current case. Also, it may write about some individual procedural actions, which are also appointed by servants of the law, for the purpose of a more detailed analysis of the process, or when any new evidence or evidence appears.

This summons is sent to all participants in the process, and also copies of all documentation related to the case under consideration are attached to it. With this kind of notice, witnesses, specialists, in general, everyone who is in one way or another connected with the upcoming meeting are invited to the court. More details about what a subpoena is are described in the Civil Procedure Code No. 138 Federal Law.

How is a court notice served?

The court notice must be served on the addressee in a manner that allows the fact of service to be established. It is sent to the address specified in the claim. In this case, as a general rule, notices are not sent to the representatives of the parties - it is assumed that the party whose interests he represents will inform them about the place and time of the procedural actions. The postal service delivers the court notice to the addressee - this is what the Law says. In fact, the service will leave the subpoena in the mailbox, and the recipient must personally pick up the documents at the post office. Moreover, the storage period for a court notice is 7 days.

Persons who live together with a participant in the process may be served with a summons only with their consent. The exception is when it comes to recognizing a citizen as incompetent or partially capable. In such cases, the summons is served exclusively on the person against whom the case will be heard. If a person refuses to receive a summons, a corresponding entry is made on it. And the court considers the person to have been properly notified.

Rules regarding the timing of sending and receiving court notices are extremely important. Article 113 of the Code of Civil Procedure of the Russian Federation stipulates that the court sends judicial notices in advance. So that the recipient can familiarize himself and prepare for the consideration of the case. When the parties or other participants in the case have not received notice (other than the expiration of the retention period), the court is obliged to adjourn the hearing. And if he considers the case and makes a decision, then when appealing, such a person can count on the unconditional cancellation of the decision.

Types of court notices, methods of summons to court

Judicial notices can also be made in the form of telegrams and telephone messages. And in other ways that allow you to record the delivery of information to the addressee. The court now uses SMS notifications and calls very actively.

Court notices in the absence of information about the whereabouts of a person. What to do in a situation where a person does not live in the place indicated by him or at the place of registration? The court will consider the case only after receiving information about the absence of information about the person from his last place of residence. Make requests to the authorized bodies for registration of a person at the place of residence in the Russian Federation.

The court can put a defendant on the wanted list only in certain types of cases: if we are talking about protecting the interests of the Russian Federation, collecting alimony, or in cases of compensation for harm to health or in connection with the death of a breadwinner, in cases of exercising parental rights: when a child is illegally kept in Russia, interfere with meetings, etc. Moreover, in cases of exercise of parental rights and responsibilities, the court can put both the defendant and the child on the wanted list.

Having received a court notice, do not panic: if there is not enough information, file a petition to familiarize yourself with the case.

Is it possible to 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 hearing. The main thing is that you, as a participant in the process, appear in court, as this plays to your advantage and there is a chance of winning the case. If you know that the case will be lost, then you can send a notice to the court that the case will be considered in your absence and attach documents confirming your failure to appear for a good reason, and the presence of the summons itself is not a prerequisite if you are planning 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.

A summons before the appointed court date arrives by letter in advance, but provided that there are no interruptions in the work of the Russian Post, then there will be time to receive a registered letter with a summons, and of course, prepare for the court, as well as familiarize yourself with the materials of the criminal or civil case.

How does a subpoena arrive?

The notice comes in the form of a registered letter with a notice attached. This letter must be issued against signature, so if the person is given it in person, then she bears full responsibility for appearing before the justice authorities. The summons can be delivered by courier or sent to the post office. There are cases when a citizen who has received a court notice cannot come to the meeting and is forced to miss it. In such a situation, it is necessary to send an explanatory letter in which you indicate the objective reason for the omission, as well as support your arguments with supporting documentation. But, missing a scheduled meeting may entail certain consequences:

there is a possibility of imposing penalties
organization of forced attendance of the process
the case can be considered without the participation of the person, but if in the future there is a desire to challenge the court decision, this can be very problematic, since failure to appear in court may be counted as a deliberate delay in the proceedings
the meeting can be postponed to another date only if the presence of the person is of very serious importance for the further consideration of the case

Court hearing

It also happens that a court notice arrives directly at the place of work of a participant in the case. Most often, this happens if the summons did not reach the person the first time, or was not served.

Note! The Criminal Code of Russia may impose a fine for the failure of a participant to appear, but this happens extremely rarely, and only in the case of deliberate evasion of attending court.

It is also worth noting that if you do not appear in court on purpose, that is, ignore the summons, without good reason, then this will be considered an offense on the part of the person.

Based on Article 113 of the Code of Civil Procedure of the Russian Federation, a summons from the court must be sent 5 days before the scheduled hearing. But it often happens that the notification does not arrive on time, but it is not the fault of the person called. Often, postal workers or couriers simply do not perform their duties properly, and unforeseen troubles occur because of such persons.

Summons to court

There are cases when you can find out about a subpoena by accessing Internet resources. In order to find out whether a notice was sent, or how the proposed case is progressing, you need to enter the name of the court in the search engine and go to this website. In the judicial records management section, enter your personal data, and the system will find all the information on the case, and also indicate the progress of the dispute in legal proceedings.

Important! The summons must be served personally in the hands of the addressee, and it must bear the seal of the judicial authority that sent the notice.

What happens if you don't appear in court?

Still, if you have already received a summons, then you either need to come to court or send a corresponding notice about the impossibility of appearing at the court hearing, otherwise the court may think about delaying the case, and this is not very good. Also, if the court makes a ruling that the attendance of a participant in the process is mandatory, then the trial will be postponed very often and for a long time, and the person who was issued an obligation to appear will be forcibly brought to court or fines will be imposed on this participant in case of evasion.

The court sometimes sends a subpoena to your place of work, if it was not possible to serve the subpoena at your permanent registration address, but it also comes to the point that the letter carrier can hand over the subpoena to you personally and notify you of the court case. Of course, if the case concerns an administrative offense, then more often the courts make decisions in absentia, but it’s better not to let things get to that point, but it’s advisable to defend your rights and win!

Called as a witness and what happens if you don’t show up?

The law is structured 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 different angles, and here the court always warns witnesses who appear in court about criminal liability for giving false testimony and I want to note that the plaintiff and defendant there are no warnings about criminal liability, so I think it is now clear that for a correct and fair decision by the court, it is desirable that there be witnesses in the case, and preferably more than one. However, if you have received a summons for a criminal case, and the person who is being accused is not at all familiar to you, then it is better not to refuse to go to court, since in this case you may be forcibly brought to court.

We 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 in resolving the issue in civil and especially criminal cases.

How many witnesses to call to court?

Participants in civil proceedings often ask about the number of witnesses who need to be called to court. For some reason, it is believed among ordinary people that it is better to call as many witnesses as possible, who will tell everything in detail, describe all the relationships between the parties and tell the court about their experiences. it must be admitted that this is a mistaken opinion.

As a rule, for each circumstance relevant to the case, the testimony of one witness is sufficient. In simple cases, it is enough to limit the number of witnesses called to two or three citizens.

In this way, we will protect ourselves from the fact that one witness may not come or give confusing and contradictory testimony. It should be borne in mind that speaking in court is a rather exciting procedure that causes stress, so overly susceptible citizens should be called only in extreme cases.

Delivery and service of summons

A subpoena, like any judicial notice, can be delivered in several ways - by mail, by a participant in the process, or by a police officer.

Transfer of judicial notice

A summons sent by mail must be sent no later than the next day on which the date of the court hearing becomes known. For example, a court notice of the date of the first court hearing must be sent no later than the next day from the date the court issues a ruling to accept the claim for proceedings. The summons for the next trial must be sent no later than the next day after the last court hearing. When sending a subpoena, the judge must calculate the delivery time so that the participant in the process has time to prepare for the process.

Let's look at the most common questions about judicial notice by mail.

How does the court issue a subpoena?

A subpoena, like any court correspondence, is sent by registered mail with return receipt requested. The shipment occurs without a description of the attachment.

How long does it take for a subpoena to be mailed?

A subpoena is classified as judicial correspondence, so its delivery rarely exceeds 10 days. Since court hearings are scheduled at intervals of 2-3 weeks, the specified period is sufficient for delivery of the summons.

How long does a subpoena remain in the mail?

The period from the moment the summons is received at the post office until it is returned back is seven calendar days. After the expiration of the specified period, the court envelope is returned to the court indicating the reason for non-delivery.

Can another person receive a subpoena?

As was written above, a judicial notice is a full-fledged procedural document that affects the rights and obligations of a particular citizen. A judicial notice can be received either by the citizen himself or his representative by proxy. A power of attorney from a citizen to receive a subpoena must be notarized.

What to do if the postal service returned the subpoena after the expiration of the retention period?

First of all, you need to find out at the post office the postal identifier number of the letter with which the court correspondence was sent. Knowing this number, you can find out the sender on the Russian Post website. Then, knowing which court the notice came from, you need to go to the court’s website and in the “Judicial Proceedings” section, in the “Participants” column, enter your first and last name. As a result of the search, you will find out the case number, who the plaintiff is and the essence of the case. Thus, if the post office returned the envelope, you can always find a reason for sending a legal notice.

The purpose of a subpoena is not only to notify the litigant, but also to convey to the judge information that the litigant is aware of the lawsuit and has been properly notified of it. Only after receiving a document stating that a person has received a subpoena, the judge has the right to begin considering the case on the merits. Correct and timely notification of the defendant is within the scope of the plaintiff’s procedural interests; in this regard, the plaintiff himself or his representative may assume the procedural obligation to serve the summons. In this situation, the judge or clerk issues a subpoena to the plaintiff, and the plaintiff gives the judge a receipt “for service.” If the plaintiff manages to serve the court notice, then he returns the counterfoil of the summons to the court, and if it was not possible to notify the defendant, then the plaintiff returns the summons in full and a note is made about this in the minutes of the court session.

When the consideration of a civil case has been delayed and the procedural time limits allocated for consideration of the case are violated due to the defendant’s failure to appear, the judge has the right to resort to the assistance of police officers. To do this, a summons with a covering letter is sent to the district police officer. In the covering letter, the judge indicates the need to provide assistance in serving court correspondence to a certain citizen living at a certain address. The summons, accompanied by a letter, may be sent by mail or served on the plaintiff in a sealed envelope for delivery to the police department. After receiving the envelope, the police officer must go to the defendant’s place of residence and serve him with the court notice. If the defendant is not at home or refuses to receive the summons, the district police officer must draw up a report about this and send it back to the court.

If the citizen who must receive a subpoena is not at home, and other citizens live at his place of residence, then the postman or local police officer can hand over the subpoena to these citizens for subsequent transfer to the party to the process. Upon receiving a summons for transmission, a citizen signs in the appropriate box on the counterfoil of the summons and assumes the procedural obligation to notify the participant in the proceeding.

What to do if a citizen does not submit a subpoena?

If a citizen who received a summons for transfer forgot to hand it to the addressee, then the citizen will not be notified of the court, and accordingly all procedural consequences associated with failure to appear in court will occur.

What is the liability for failure to serve a subpoena?

At the moment, the current legislation does not contain any liability for failure to fulfill the procedural obligation to serve a subpoena. In criminal or administrative proceedings, failure to appear in court without a valid reason may result in the forced arrest of the summoned party. There is no such procedure in civil proceedings.

If a person refuses to receive a summons

In a situation where a participant in the process deliberately refuses to receive a subpoena, the postman or local police officer will record this. The postman makes a note about the refusal to receive it on the envelope itself, and the district police officer draws up a separate act. The procedural law strictly applies to such participants in the process and obliges the judge to consider such a citizen to be properly notified of the time and place of the trial, having considered the case without his participation.

Right of passage to the courthouse

All courts have a strict access regime and citizens can only be there for a clearly defined purpose. A court notice will allow a citizen to freely visit the courthouse and take full part in the judicial process. If you do not have a subpoena, then when entering the court you will need to clearly tell the bailiffs the name of the judge and what case you are on - if you have a subpoena, this will not be required.

Right to leave work

A summons to court provides the right to leave the place of work during the court hearing. To do this, you do not need to ask the employer for additional time - just show the summons.

To prevent conflict situations with the employer, we recommend that at the end of the court hearing you go to the secretary and ask to put a mark on the agenda about the time you spent in court. While a person is participating in the trial, his job is retained. The obligation to appear in court on a summons cannot be limited by anyone. If the employer does not release the employee to court, then he violates the Labor Code of the Russian Federation, since release from work during the court hearing is not a right, but an obligation of the employer. At the same time, the employer is not obliged to pay for this time. We will talk about this in more detail below.

Payment for subpoena

Participation in a court hearing on the basis of a subpoena requires a large amount of time and this time must be paid. Depending on the capacity in which the citizen is called, various legal payment mechanisms are applied.

Payment under a subpoena when summoned to court as a plaintiff

A plaintiff who wastes time in litigation has the right to compensation for the time spent based on his average monthly salary or income. If the plaintiff does not have documented income, then the calculation of payment under the summons is based on the calculation of the average salary in the region. Such payment is in the nature of compensation for losses and is made in the event of satisfaction of the claims, subject to the submission of the corresponding claim.

Payment under a subpoena when summoned to court as a defendant

If claims are brought against you and you successfully defended your rights, then getting compensation for loss of time will be problematic. Procedural legislation indicates that it is possible to receive payment for a summons only after the completion of the consideration of the case and after the court decision has entered into legal force. Compensation for loss of time is made by submitting a separate application. The defendant will need to prove that the claim brought against him was unfounded and it was stated in bad faith. If no questions arise with the concept of “unreasonably,” then what constitutes “bad faith” is still debated in the courts.

Payments to a witness when summoned by subpoena

Participating in a trial as a witness gives you the right to claim compensation for expenses not only for the time spent, but also to demand compensation for travel and accommodation expenses. Payment of such compensation does not depend on the size of the witness’s income and is made in amounts established by the state.

Sources

https://malina-group.com/povestka-v-sud/
https://resheniya-sudov.ru/stati/kak-vyglyadit-povestka-v-sud-781/
https://BusinessMan.ru/sudebnaya-povestka-obrazets-pravila-vrucheniya.html
https://iskiplus.ru/sudebnoe-izveshhenie/
https://tvoizakon.ru/kak-prihodit-povestka-v-sud/
https://www.stolica-prava.ru/sudebnaya_povestka.html

Subpoena in a civil case. Form No. 20

Appendix No. 2 to the Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 15, 2004 N 161 (as amended by the Order of the Judicial Department at the Supreme Court of the Russian Federation dated March 18, 2013 N 60)

Form N 20

First page Delivered to the addressee COURT SUPPORT FOR CIVIL CASE N ___ ______________________________ Where ___________________________ the court summons you as ___ ________________________________ ___________ by __ hour. ____ city ________________________________ in the case _______________________ ________________________________ at the address _____________________ ________________________________ _______________________________ To ___________________________ ________________________________ Court staff member ________________________________ Second page A person summoned to court as a witness or expert, etc., is obliged to appear at the court hearing on time. If a summoned witness, expert, or translator fails to appear at the court hearing for reasons recognized by the court as disrespectful, he may be subject to a fine of up to one thousand rubles. If a witness fails to appear at a court hearing without good reason due to a second summons, he may be summoned (Article 168 of the Code of Civil Procedure of the Russian Federation). Third page To be returned to the court Criminal case N ___ RECEIPT Summons addressed to ________________________ to appear in ________________ court on "__" ___________ as ___________ received ________ "__" ____________ Personally ____________________________________________________________ (signature of the addressee) 1. For delivery __________________________________________________ ( signature of the recipient indicating the relationship to the addressee) I certify the signature of the recipient: employee of the postal service organization _______________________________________________________________ 2. The summons was not served due to ________________________________ __________________________________________________________________ Employee of the postal service organization ______________________________ Fourth page NOTICE OF RECEIPT OF SUPPOND Where ____________________________________________________________ (address of the court) To whom ______________________________________________________________ (name of the court) RULES OF SERVICE 1. The summons is delivered to the addressee personally against a signature on the second half of the summons, which must be returned to the court. 2. If the person delivering the summons does not find the addressee at his place of residence or work, then the summons is handed over against signature to be handed over to adult family members or the administration at his place of work. The person who accepted the summons is obliged to hand it over to the addressee as soon as possible without delay. 3. In the temporary absence of the addressee, the person delivering the summons notes on the second half of the summons where the addressee has gone and when he is expected to return. 4. If the addressee refuses to accept the summons, the person delivering it makes an appropriate note on the summons, which is returned to the court.

Source - Order of the Judicial Department at the Supreme Court of the Russian Federation dated December 15, 2004 No. 161 (with amendments and additions for 2013)