Advice 1: How to postpone a court session

When considering the case of a participant in the process, you may need to move or postpone the court meeting to a later date. This may be due to the need to consult a professional lawyer, to provide new evidence to conclude the agreement. The right to qualified legal assistance is enshrined in the Constitution, the court cannot refuse adjournment if you need time to contact a lawyer. Civil process is strictly regulated, the grounds and procedure adjournment of the hearing fixed in the Civil procedure code.
How to postpone a court session
You will need
  • the documents confirming inability to participate in the meeting: a copy of the sick list, travel documents, tickets.
Instruction
1
At the initiative of the parties to the proceedings. If the necessary delay is known in advance, state the request in the beginning of the meeting (after reviewing the procedural rights), justify the reasons for adjournment of the case. The petition may be prepared in writing and submitted to the court. Oral statements are recorded in the minutes of the meeting. Petition allowed by the court without retiring to the deliberation room based on the views of other persons involved in the case.
2
Provide documents confirming inability to participate in the meeting: a copy of the sick list, travel documents, tickets. When deciding on the petition, the court shall consider the gravity causes. The continuance may be denied because the law establishes time limits for consideration of the case. For example, civil cases must be completed within two months from the date of receipt of the claim to the court.
3
At the initiative of the court. The court postpones the hearing in cases where the trial is impossible without more evidence or due to the need to involve others. adjournment decision is made, the reasons for deposits, the steps which need to be made to participants in the process, and the date of the next meeting taking into account the time required for the notice of the participants (missing) and receive evidence.
4
At the initiative of both parties. The parties can say in conjunction to move the date of the meeting in connection with the Commission proceedings, for example, to enter into a settlement agreement to resolve the dispute through the mediation process (i.e. to enlist the help of a mediator, the mediator).
Note
After the transfer case begins to be seen again.

Advice 2: How to transfer court session

Most modern legal issues decided by the courts. With your participation at the hearing you will receive a summons. It will be an official document, explaining the reason for your absence from the workplace. However, it is sometimes necessary to postpone the court session for another day.
How to transfer court session
Instruction
1
If you are unable to appear for valid reason, contact with a written petition to the court in which the case will be considered. The petition must specify:
- full name of the court;
- the surname, a name, a patronymic, a procedural situation in the present case, the residence address;
- reasons for applying for postponement of the hearing;
- list of documents, confirming this fact;
- the period for which you are asking to postpone consideration of the case.

The petition must be printed in two copies. One copy you leave in the registry of the court on the second will be stamped that the claim is accepted. The second copy will remain with you.

The petition can also be sent by telegram to the court.
2
The court can automatically be transferred in case of absence of important players in the process without good reason. At the same time, if it happens again a few times, this side of the trial it is possible to bring to court drive. In this case, judicial session is appointed by the judge for the day. Bailiffs are instructed on compulsory delivery to the court. Of course, this will also result in the postponement of the meeting.
3
The meeting may be postponed also in the case of delay time to the end of the working hours of the court. In this case, the judge can also make decisions about the postponement.
4
In addition, the meeting will be automatically postponed if the appointed time is a festive day, or if one of the participants was not provided on-call lawyer for free. In the latter case, the processing time can be postponed to a later date to give the possibility of assigned counsel to familiarize with the case materials, together with the party whose interests he represents.
5
The date of the meeting will be postponed if there is a petition on the appointment of the hearing to another day in the case of waiting for a response to legal or judicial inquiry. This request may be made orally or in written form.

Advice 3: How to postpone a court session

Sometimes there are situations when there is not enough time to prepare for the trial: lack of facts or documents which may influence the court's decision, there is no important witnesses. The law provides for the grounds on which the trial is adjourned.
How to postpone a court session
Instruction
1
Make a request to postpone the hearing, specifying the name of the court, the name and contact details of the plaintiff and defendant, and case number. In the text clearly state the circumstances in which the hearing should be rescheduled for another day. Article 169 of the Civil procedure code of the Russian Federation establishes, in some cases, allowed the adjournment of the proceedings in the case.
2
The hearing will be delayed if you claim the counter claim. In their study of the court and the persons participating in business, requires time, which in the current court session, as a rule, is not enough. The court will appoint new date of the hearing. The persons present at the meeting, will be familiar with this under the bill, and those who did not appear in court, will notify in the manner prescribed by law.
3
The need for submission or request for additional evidence is also the reason for the deposition hearing. Prepare the request for the taking of evidence, clearly specifying what the circumstances or the facts of the present evidence can confirm. If necessary, we can bring witnesses, confirming the necessity and importance of the evidence to which you refer.
4
In the cases established by law, the hearing may be postponed because of absence of any of the participants in the process. If you are a member, apply to the application for adjournment is a document which confirms that the reason for your absence is valid. This may be a doctor's note, copy of travel documents, copy of plane ticket (train, intercity bus trip), and so on.
5
The necessity of attraction to participation in business of other entities is also a legitimate reason to postpone the court session. You need to prove to the court that the decision in the case, directly affects the rights and interests of those whom you want to enter into the process. The proceedings during his deposition starts over again.

Advice 4: How is the hearing

The hearing is set to relevant code (civil procedure, criminal procedure or an arbitration procedure), the procedure of case consideration in court. It takes place in a certain order, which is to have an idea, if you have to be there.
How is the hearing
Instruction
1
In accordance with the civil procedural, criminal-procedural and arbitration procedural codes of the Russian Federation, in the courtroom, the following occurs: a judge or panel of judges (depending on business) announce the case subject to, and check the appearance of the parties. You must have a document proving the identity. At the hearing in a civil case it is sufficient the presence of the plaintiff and defendant, in the criminal - requires the presence of the Prosecutor (the public Prosecutor) and advocate (lawyer). Depending on the nuances of the case, the individuals whose presence is required changes.
2
Further, at the meeting announced the composition of the court and explained the right of withdrawal and rejection (the person involved in the case, may require replacement of judge, Secretary, etc., if you provide a good reason). The next stage is the clarification of the rights of the participants in the process, that is, the judge explains who and what you are entitled to do.
3
Further, claimed the petition (appeal of one of the parties or both parties with any Supplement, specification, request to the court). Motions can be made throughout the trial. After that, we consider the possibility of the case. If the court came to the conclusion that the hearing can be held, starts the proceedings.
4
At this stage, the reported claims of the parties, it appears, does it support claims by the plaintiff, whether to support their explanations by other participants in the process. Further study the case materials (i.e. all the documents submitted by the parties the court). If the case is serious enough and except the plaintiff and defendant, to participate in the case brought by other persons, such as experts or witnesses, at the stage of the proceedings they in turn are invited into the courtroom. The same applies to criminal proceedings.
5
That is followed by additions and replicas, by means of which the parties may Supplement the previously mentioned and also debate of the parties. In the criminal process at the stage of pleadings the floor to the public Prosecutor and the defender and to the defendant (the defendant).
6
After debate of the parties the court retires to the deliberation room, shall issue the operative part of the decision, which it announces in the presence of all participants. If a criminal case, shall issue a decision and the sentence. Then explain the timing and order of appeals and other established by the procedural codes, law. The hearing is adjourned.
7
It should be noted that this is only the basic "skeleton" of the hearing. Usually, even in simple civil cases, there is a preliminary hearing (identical procedure, which includes at the hearing). In some cases, a continuance, postponement of the trial, and many other nuances depending on the business category. All these points you can check with the court clerks or to see yourself in the appropriate code.
Useful advice
When dealing with secretaries and judges try not to forget that you are people just like you. But remember that they are acting in the interests of the law.
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