You will need
- - an application to the court;
- - the agenda.
The plaintiff and defendant must be notified of the time and place of the hearing on the statement of claim. If the proceedings should be multiple defendants, all will be sent a summons, which is awarded to employees mail of the Russian Federation under the bill.
Untimely notification to the defendantand or the notification is not according to the rules specified in Chapter No. 10 of the Civil Procedure code of the Russian Federation may lead to the fact that the defendant has the right to file a counterclaim and recognition correspondence court orders null and void.
Any of the defendants has the right to notify the court about his absence for a valid reason and ask to postpone the court meeting to another date.
If written notice is not received and the defendant or the defendantand did not appear on the appointed day at the appointed time, the court has the right to hold the trial in absentia and make a decision.
The right of the plaintiff is that he may file a written request for postponement of the proceedings or to Express a desire to consider the matter only in the presence of the defendantor the defendants (article 233, paragraph 4 of the Civil Procedure code of the Russian Federation).
The hearing may be postponed to another date, if the plaintiff presented additional demands on the already directed the statement of claim or the defendant filed a counterclaim. In this case obliged to present both sides.
In the proceedings in absentia, in the absence of the defendantand the court is guided by the General procedure for the study of the evidence. If necessary, invite experts, and announced their conclusion. Questioned caused by the witnesses, considered documentary and physical evidence.
Instead of the defendantand at the hearing may present his legal representative with a notarized power of attorney. In this case, the court considered the correspondence, but regardless of this by law may be filed a cassation appeal for a retrial or dorassledovaniya new circumstances.
If the defendant failed to appear in court. Quite often, the proceedings shall be adjourned because of the absence of one of the parties. This situation may continue for years, because for unknown reasons the majority of judges do not want either to hear the case without the defendant, nor to take any measures (e.g. fines or forced to drive).
If the spouse of the Respondent does not come at the appointed court hearing the divorce process, the divorce the plaintiff to get well as possible, even if the spouses have minor children. If the defendant is unable for their own reasons to attend this court session, devoted to divorce, he has a right to represent yourself instead of a representative having a power of attorney at the notary.