Petition to postpone the date of consideration of the administrative case


Break in the consideration of the case

The adjournment of a court hearing is regulated by Art.
169 Code of Civil Procedure of the Russian Federation. This concept means the postponement of the date and time of proceedings at the request of one of the participants in the process. The grounds for postponement must be recognized by the court as valid. Among the reasons for postponing the consideration of the case due to the failure of one of the participants to appear are:

  • business trips;
  • illness or medical examination;
  • inability to leave the workplace on the specified date;
  • late notification of one of the participants in the process about the time of the meeting.

A citizen interested in postponing the date can write a petition addressed to the judge and attach documents confirming the grounds for postponing the proceedings. The official will go to the meeting if he considers the reasons to be valid.

If one of the parties cannot be present due to a business trip, then a travel certificate, tickets, etc. will need to be attached to the application to postpone the consideration of the case.

The meeting is postponed if the plaintiff or defendant is not present at the meeting due to the fact that they were not properly notified of the date of its holding. Therefore, subpoenas are sent by registered mail with a return receipt noted.

Article 1 69 of the Code of Civil Procedure of the Russian Federation specifies the grounds for postponing the hearing due to changes in the judicial process.

Postponement of the trial is allowed due to an official's vacation, but not for more than 30 days.

Reference! A deferred trial continues from the point at which it was suspended. Evidence and testimony of witnesses that have already been voiced are not considered again. The exception is when the judging panel or other person involved has been changed.

A break differs from adjournment, as it is a short-term measure. It may be announced in connection with familiarization with the case materials and for other reasons.

A break is taken at the initiative of an official or at the request of one of the parties. The judge may consider other civil or administrative cases during this time. After the end of the break, the review continues from the moment it was interrupted. No rehearing or other procedural steps are required.

Suspension of proceedings is different from adjournment and adjournment.

Its grounds are (Article 215 of the Code of Civil Procedure of the Russian Federation):

  • death of a citizen;
  • recognition of one of the participants in the process as incompetent;
  • emergencies;
  • appeals to the Constitutional Court.

Proceedings are suspended if the case cannot continue to be considered without a related decision being made in another instance.

How to reschedule a court hearing in an administrative case

On November 10, 2012 at 14.30 (on the day of the police), having left the parking lot (opposite house 4 on Durova Street), I started moving along the street. Durova in her car.

I changed lanes to the left and made a U-turn under the “Turn Left” sign, crossing the tram tracks. What is not prohibited by traffic rules. Completed the maneuver on the tram tracks in the same direction. On the lane to the right of the tram tracks, cars were parked at a red traffic light.

I clearly remember - at a red traffic light - on the lane to the right of the tram tracks at the traffic light there were the first three cars with their left turn signals on.

After the traffic light turned green, I drove off. Walk along the tram tracks in the same direction (I was alone on them, there were no other cars) along the street. Durov behind cars that were turning left (from Durova Street to Olympic Avenue) from the lane located to the right of the tram tracks. I turned behind these cars. And to the left, and not parallel to the cars, as shown in the inspector’s diagram. On the inspector’s diagram, it was recorded that there were parked cars in the right lane, other cars were driving along the tram tracks in the opposite direction, and I was driving alone along the tram tracks in the opposite direction!).

After 20 - 30 meters I was stopped by traffic police officers in a car.

The employee illegally and unreasonably charged me with violating clause 4, article 12.15 of the Code of Administrative Offenses of the Russian Federation, clause 9.6 of the Traffic Rules. – exit onto tram tracks in the opposite direction.

Which I categorically disagreed with. The employee did not introduce himself to me in full; when I asked him to repeat his full name, he replied: “I’m in a hurry to repeat it.” (I couldn’t make out my full name and it’s not listed in the petitions!). Didn't explain my rights! Just pointed out where to sign! I was in shock after such a statement, at such impudence. The only thing I could figure out at that moment was that I categorically disagreed, I wrote in the protocol that I did not agree, I did not go onto the tram tracks in the opposite direction, I rode along the tram tracks in the same direction. On the inspector’s diagram, it was recorded that there were parked cars in the right lane, other cars were driving along the tram tracks in the opposite direction, and I was driving alone along the tram tracks in the opposite direction!). I wrote on the diagram that I don’t agree.

Before the trial, I got acquainted with all the materials of the case (took photographs of them).

Prepared petitions for the court:

- on termination of proceedings regarding an administrative offense.

— On the request for photo-video recordings of traffic violations in a case of an administrative offense.

- On the exclusion of the diagram of the place where an administrative offense was committed as evidence in the case of an Administrative Offence. - On the request for a diagram of the location of road signs, road markings and traffic management.

- On the exclusion of evidence (a report from a traffic police officer). - On the request of documents as evidence in a case of an administrative offense (on disciplinary sanctions against a traffic police inspector).

The trial took place on November 27. The inspector did not appear at the meeting. The trial was postponed. The most interesting thing is that I met a girl who was scheduled for a hearing after me and the case number follows mine and the charge is the same - violation of clause 4 of article 12.15 of the Code of Administrative Offenses of the Russian Federation, clause 9.6 of the Traffic Regulations of the Russian Federation.

She was moving along the street. Durova, 4 November 10 at 16.00, along the tram tracks in the same direction as the tram and turned the same way as I did. And turn left from Durova Street to Olympic Avenue. On Olympic Avenue she was stopped by traffic police officers in a car. And they brought charges.

She and I don’t have photos, video recordings, witnesses, and the traffic police don’t have such irrefutable evidence.

What would you advise in this situation? This is truly arbitrary. After this incident, I studied my rights (immediately submit petitions, explanations, my scheme with the involvement of witnesses to the inspector, providing legal assistance) and, of course, have a DVR turned on (I have one, but unfortunately, I did not install it after that , as I pulled out of the parking lot).

Thanks in advance, Irina.

Reasons for postponing a court hearing

The trial of the case is carried out in a strictly established manner. The procedure and timing of the meeting are determined by the court. Art. 169 of the Code of Civil Procedure of the Russian Federation identifies cases when the timing of a judicial review of a case can be changed.

The most common reason for postponing a court hearing is the failure of persons participating in the case or their representatives to appear at the appointed time. To ensure that the failure of the plaintiff or defendant to appear does not serve as a reason for changing the date of the hearing, several conditions must be present in combination:

  • the indicated persons did not appear at the appointed time and place;
  • there is information about proper notification of these persons about the time and place of consideration of the case;
  • These persons did not inform the court about the reasons for their absence or the reasons for their absence were recognized by the court as disrespectful.

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If the court has doubts about the proper notification of the plaintiff and defendant, a decision is made to postpone the time of the trial. If they received information about the time and place of the consideration of the case in a manner prescribed by law, but were unable to appear on time, they are obliged to report the reasons for their absence and provide evidence of the validity of these reasons. Otherwise, the case will be considered without them.

The list of valid reasons is not defined by law. Following judicial practice, the following reasons can be identified that the court may recognize as valid:

  • health status;
  • performance of official duties;
  • emergency circumstances.

Evgenia Medvedeva

Lawyer, specializes in Civil Law

The list is open and in each specific case, the issue of recognizing the reasons for failure to appear as valid is decided by the court by examining the evidence provided.

If the representative fails to appear, the consideration of the case may be postponed at the request of the person whose interests he was supposed to represent. If witnesses, experts, specialists, or translators fail to appear, the issue is resolved by the court, taking into account the opinions of the persons participating in the case.

Art. 169 of the Code of Civil Procedure of the Russian Federation also identifies the following grounds for postponing a court hearing:

  • filing counterclaims;
  • the need to require additional evidence, involve third parties or perform other actions within the framework of civil proceedings;
  • malfunctions in the operation of technical means necessary to ensure the conduct of the process;
  • decision of the parties to use conciliation procedures, contact a mediator, intermediary.

The time frame for consideration and resolution of civil cases is defined in Art. 154 Code of Civil Procedure of the Russian Federation. The postponement of the trial should not affect the overall period for consideration of the case and does not extend the deadlines specified in Art. 154 Code of Civil Procedure of the Russian Federation.

As a general rule, civil cases are considered by the court within two months, by the magistrate within a month, regardless of whether the consideration was postponed or not. For certain categories of cases, the Code of Civil Procedure of the Russian Federation establishes special deadlines for consideration. Part 2 of Art. is devoted to this. 154 Code of Civil Procedure of the Russian Federation. The calculation of time limits begins from the moment the application is received by the court.

The law provides for the postponement of consideration for reconciliation of the parties as a special condition. In this case, the processing time may be extended. The maximum period for reconciliation can be extended by the court by two months. And these two months may go beyond the general period and extend it. When extending the case, the court is guided by reasonable time limits for legal proceedings.

How to file a motion to adjourn a civil case

There are no special requirements for writing such a petition; it is written in a general form, but it is necessary to take into account the general requirements for the preparation of documents that are submitted to the court. For reference, we recommend viewing a sample request to postpone a court hearing.

To ___________________________ (name of the court) From: __________________________ (full name of the applicant, address)

https://youtube.com/watch?v=76g4zFLjXMM

Valid reasons for postponing a court hearing:

  1. Business trip. Confirmed by a travel certificate.
  2. Disease. Certificate from a medical institution or sick leave.
  3. Employment of a lawyer in another process. It is confirmed by the summons, in addition, by information from the official website of the court.
  4. Other noteworthy reasons.

The list of valid reasons is not exhaustive, since our whole life is multifaceted, anything can happen: an accident before the trial, an accident in the housing and communal services sector, another case that prevents your appearance in court.

Now you know how to postpone a court hearing on deprivation of rights or another process and give yourself the opportunity to do everything possible so that the court makes a decision in your favor.

In addition, if you wish, you can submit a petition to transfer the consideration of the case to your place of residence (although for now this possibility only exists in administrative cases). Just write a statement that you, as a defendant in this administrative case, are registered at an address that is not within the jurisdiction of this court.

Magistrate of judicial district No. 2

Sample (example) of a request to postpone a court hearing

In this section of the article, we provide an example form for a request to postpone a hearing in a civil case. You can make adjustments to it to suit your situation.

Dear readers, the information in the article may be out of date, please take advantage of a free consultation by calling: Moscow, St. Petersburg or using the feedback form below.

The legal grounds for postponing the court hearing are given in Article 169 of the Code of Civil Procedure of the Russian Federation. The consequences of failure to appear in court are specified in Article 167 of the Code of Civil Procedure of the Russian Federation. These are the rules that should be followed when preparing a motion to postpone a court hearing in a civil case.

It should be taken into account that the court’s duties include only notifying the participants in the case. The court will not ensure their appearance. He will only establish the reasons for the failure to appear and, on this basis, make a decision on the possibility or impossibility of considering the case in the absence of these persons.

Thus, if a citizen wishes to participate in a case and is interested in the results of its consideration, he must inform the court about the reasons for his absence. If there are good reasons, he has the right to file a motion to postpone the consideration of the case.

Valid reasons for failure to appear at a court hearing:

  • illness, hospitalization, or health condition that objectively prevents participation in a court hearing;
  • business trip, urgent call to work on an urgent matter requiring the personal presence of a person participating in the case;
  • emergency circumstances with the personal participation of a person involved in a civil case (fire, crime, road accident, accident);
  • the need for urgent participation in caring for a family member under care (child, disabled person, elderly parent).

These are the main reasons that can be cited as grounds for postponing a court hearing. Their list is not closed, other reasons are possible, the degree of their respect in any case will be assessed only by the court hearing the case.

A court hearing may be postponed not only if one of the participants in the case fails to appear. Even with 100% attendance, the court may postpone the hearing for reasons established by law.

Reasons for postponing the court hearing under the Code of Civil Procedure of the Russian Federation:

  • filing a counterclaim;
  • the need for additional evidence;
  • attracting new people to participate in the case;
  • changes in claims;
  • application of meditation procedures;
  • technical problems with the video conferencing system;
  • failure of a representative to appear for a valid reason.

If these reasons exist, the court almost always postpones the consideration of the case. However, it should be borne in mind that the listed reasons are not indisputable grounds for deposition. The court may, after listening to the opinions of the parties and making sure that the presence of such reasons will not prevent an objective consideration of the case at a given court hearing, decide to continue the trial.

When drawing up a petition to postpone a court hearing, you should be guided by the general rules for preparing documents in court. Additionally, this document indicates the reasons for postponing the case.

  1. name of the court in which the case is heard
  2. Full name of the applicant and his role in the case (plaintiff, defendant, third party, applicant or interested party)
  3. name of the application - Petition to postpone the court hearing or Petition to postpone the civil case
  4. reasons for inability to appear at the court hearing at the time appointed by the court
  5. request to postpone the consideration of the case
  6. date and signature

We invite you to familiarize yourself with: Sample petition to transfer the trial

The request for adjournment is considered by the court at the same court session. The court reads the petition, examines and reads out the documents presented, and hears opinions on the possibility of postponing the persons who appeared at the court hearing.

Based on the results of the consideration, the court makes a ruling. If the issue of adjournment is simple and the motivation for the court’s position is not complicated, the ruling is entered into the minutes of the court session. Otherwise, the court issues a separate reasoned ruling.

If the request for adjournment is denied, the court continues to consider the case. At the same time, it is possible that deposition is possible later for other reasons.

If the request is granted, the court issues a ruling to adjourn the court hearing to another day, and indicates the date and time of the next trial. of which it notifies all persons participating in the case by judicial notices in accordance with Article 113 of the Code of Civil Procedure of the Russian Federation.

When a court session is adjourned, the court does not consider the case on its merits, does not hear explanations from the persons participating in the case, does not examine evidence and does not question witnesses. However, the court may resolve other existing petitions of the participants in the case, the main thing is to submit them before the closing of the court hearing.

Is it possible to make such a request if it is necessary to submit an additional document?

In this case, you can make such a petition if objective difficulties previously prevented the receipt of the document and it is important for the case.

I need to reschedule the court hearing because... preparation for the trial, consultations, collection of documents is required (I found out about the date and time of the trial via SMS, I did not receive a notification, perhaps the notification was sent to the old place of registration). What reason should be given in the petition to postpone the trial? How long can the meeting be postponed (days, weeks)?

Write everything as it is. Indicate when you received the notice and how much time is objectively needed to prepare for the case. The court may postpone the hearing on such grounds. will allow reasonable time for preparation. The court's decision on this issue will depend on how completely and convincingly everything is described.

By decision of the appellate court, the case was sent for a new trial to the district court. The date for a new review has already been set, but I want to appeal the decision of the appellate authority as illegal. How to postpone an already scheduled court hearing for a new trial of a case?

The court itself will postpone the consideration of the case if the complaint has already been accepted by the cassation court; in other cases there are no grounds for postponing the case.

Will my lawyer's employment in another court at the same time be a valid reason for postponing the trial?

No, this is not a valid reason for postponing the court hearing. If a lawyer is employed, you have the right to find another representative.

Tell me, how can I postpone the preliminary hearing if I (the plaintiff) have an unjustifiable reason, a trip to China that I have been waiting for for more than a year?

It all depends on why the court ordered the preliminary hearing. If it will decide the issues of ordering an examination, sending a letter of request and other actions that require a long time, the court is unlikely to postpone this preliminary hearing. We advise you to write a petition for adjournment and send your representative to the court so that if something happens, he can act in the interests of the applicant.

Is a chronic illness a sufficient reason to postpone a court hearing?

Only during acute attacks and in the presence of a medical certificate that at this time the participation of a citizen in a court hearing is excluded. If a citizen, due to health reasons, cannot take part in a court hearing at all, there is no reason for postponement, unless it is to invite him to send a representative in his place.

How many days in advance should a motion to postpone a court hearing be submitted to the court?

There are no such deadlines established in the Code of Civil Procedure of the Russian Federation; it can be submitted at any time, up to the removal of the court to the deliberation room. However, it is better to do this in advance, at the moment when the reasons for the deposition become known.

Can a motion to adjourn be filed if hearing dates have not yet been set?

You can submit such a petition; it is better to formalize it in the form of a petition for transfer (such a sample is also presented on the website).

Postponement of trial in arbitration court

The postponement of a hearing in an arbitration court is regulated by Art. 158 Arbitration Procedure Code of the Russian Federation. The grounds are:

  • untimely notification or failure to notify one of the parties about the time of consideration of the case;
  • valid reasons for the failure of the plaintiff or defendant to appear;
  • technical problems, if the consideration of the circumstances of the case requires the creation of special conditions.

It is possible to postpone the deadline for the provision of evidence by one of the parties if it was previously absent from the case. It is possible to postpone the consideration of a case due to illness of one of the parties. If the transfer is carried out due to poor health of the plaintiff or defendant, it is necessary to write a petition addressed to the official. You will need to attach a certificate from a medical institution to your application.

The basis for postponing the hearing is a counterclaim. The trial may be postponed in case of illness of the judge by decision of the chairman of the court or his deputy, but not more than for 10 days.

The court may postpone the hearing when the parties contact a judicial conciliator or mediator to conclude a settlement agreement. The duration of the conciliation procedure should not exceed 2 months (Law No. 193-FZ of July 27, 2010). The consideration of a case, the essence of which is the bankruptcy of the defendant, may be postponed if he indicates voluntary repayment of debt in his motives.

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Rules for filing an application to adjourn a meeting

To correctly draw up a request to postpone a court hearing, you need to find out:

  • who has the right to submit a petition;
  • deadlines for filing an application;
  • place and method of filing the application.

The circle of persons entitled to submit a petition coincides with the circle of persons included in the participants in the process. The plaintiff, defendant, third parties and other interested participants in the process can submit an application to postpone the court hearing.

The petition must be filed before the start of the hearing. It is also possible that during a meeting a person submits a motion to postpone the next one. In this case, the court immediately considers it and, taking this into account, sets the date for the next hearing.

The application is submitted to the court at the place where the case is being considered. It can be submitted personally to the office or secretary. It is possible to send it by registered mail with notification.

If sent by mail, the delivery time must be calculated correctly so that the petition is received before the start of the hearing.

In situations where it is impossible to foresee in advance the inability to appear in court (acute illness, accident and other emergencies), it is permissible to submit a petition orally using telephone communication. It is necessary to report the reasons for failure to appear, and after they have been eliminated, appear in court and provide evidence of valid reasons.

Sample application

As a general rule, a petition is submitted in writing. It can be handwritten or printed and has a certain structure.

The first part of the document is traditionally the header. It indicates where the petition is being filed (full name of the court), details of the parties to the case, details of the case (its number).

Next, indicate the name of the document: a petition to postpone the court hearing.

Then comes the main part, which can be divided into descriptive, motivational and pleading. The descriptive part sets out the essence of the problem (what case is being considered, who the participants are, why the meeting needs to be postponed). The motivation part contains an indication of the legislative norms that guide the person when submitting the application.

It is advisable to specifically indicate in the text of the petition that the person is against consideration of the case without his participation.

The following lists the documents attached to the application. You also need to indicate the date of preparation and sign the document yourself.

Examination of the petition on its merits

An application to postpone a court hearing does not have a uniform form.

It must contain the following items:

  • full name of the court;
  • information about the plaintiff and defendant;
  • a brief description of the circumstances;
  • grounds for adjourning the meeting;
  • applications.
  • The date of its preparation is written on the document. The applicant puts his personal signature at the end.

The petition is being considered on its merits at a court hearing, the date of which is being asked to be postponed. It is read out along with the attached documents for the information of all those present. If a positive decision is made, the date and time of the next meeting is announced. If the request for transfer is rejected, the court proceeds to consider the case on its merits. Changing deadlines is a right, not an obligation of the court.

A petition to postpone a court hearing is a tool for protecting the legal rights and interests of citizens. Compliance with the conditions and procedure for filing it ensures full participation in the trial, the opportunity to provide the necessary evidence, and contributes to the reconciliation of the parties.

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Filing a petition to the court

It is better to prepare a request for adjournment in advance, taking into account the possibility of it being received by the court before the hearing of the case. The petition must be accompanied by documents confirming the justification for failure to appear and/or inability to participate in the court hearing.

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If the situation arose directly on the day of the court hearing, you can file a petition orally over the phone or send it through a proxy, without attaching written evidence. In this case, you need to indicate to the court how it can check the validity of the reasons for failure to appear (indicate the hospital number and full name of the doctor, details of the police officer, etc.). Then you will need to submit written documents at the next court hearing.

In some cases, instead of a petition to postpone the court hearing, it will be correct to draw up a petition to postpone the consideration of the case. This is done in cases where the court is asked to change the date or time of the court hearing.

If there are reasons for adjournment established in the Code of Civil Procedure of the Russian Federation, it is not necessary to prepare a separate written request for adjournment. You can reflect the request for postponement in the document itself or state it orally, at the stage of resolving this issue in court.

Term and order

The procedure for rescheduling proceedings in a civil case is as follows:

  • The interested party files a motion requesting that the case be adjourned.
  • If the opponent has objections, then they are also drawn up in writing and attached to the case.
  • The judge reviews the documents and makes a ruling.
  • The parties are notified of the next meeting date.
  • The applicant is notified if a negative decision is made on his application.

Attention! There is no state fee for filing an application to adjourn the meeting.

If the petition is granted, the court issues a ruling indicating the reasons for the postponement, the measures taken and the date of the new hearing. A motion for adjournment must be made before the commencement of the proceedings or during the proceedings, before the officer makes a final decision.

The decision to postpone the meeting cannot be appealed to the appellate court, since it does not disrupt the progress of the case (Article 331 of the Code of Civil Procedure of the Russian Federation). The terms of adjournment are regulated by the Civil Code. According to the law, the statement of claim must be considered no later than 2 months after receipt by the official.

However, the regulations do not indicate how many times a meeting can be postponed. The hearing is postponed until the circumstances preventing its consideration are eliminated, but not more than 60 days.

The transfer of the court to the defendant’s place of residence is carried out in accordance with Art. 33 Code of Civil Procedure of the Russian Federation. The interested party must file a petition. Attached to it are documents confirming the defendant’s residence at a specific address (registration, rental agreement, etc.).

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