Situations when the defendant does not appear at the hearing are quite common. Article 233 of the Civil Procedure Code of the Russian Federation allows to consider a case and issue a court order in absentia, if the defendant or plaintiff has not raised objections on this issue.
It is necessary
- - application to the court;
- - agenda.
The plaintiff and the defendant must be notified of the place and time of the court hearing on the statement of claim. If several defendants must be present for the consideration of the case, a summons will be sent to everyone, which is handed over by employees of the Russian post office against receipt.
Untimely notification of the defendant or notification not according to the rules specified in Chapter 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 invalidate the court ruling in absentia.
Any of the defendants has the right to notify the court in writing about his absence for a good reason and ask to postpone the hearing for another period.
If a written notice has not been received and the defendant or defendants did not appear on the appointed day at the specified time, the court has the right to conduct an absentee hearing of the case and issue a resolution.
The plaintiff's right is that he can submit a written request to postpone the consideration of the case or express a desire to consider the case only in the presence of the defendant or defendants (Article No. 233, Clause 4 of the Civil Procedure Code of the Russian Federation).
The court session may be postponed for another period if the plaintiff has presented additional requirements for an already sent statement of claim or the defendant has filed a counterclaim. In this case, both parties must be present.
When considering a case in absentia, in the absence of a defendant, the court is guided by the general procedure for examining the evidence presented. If necessary, experts are involved, and their opinion is announced. The summoned witnesses are being questioned, documentary and material evidence is considered.
Instead of the defendant, his legal representative with a notarized power of attorney may be present at the hearing. In this case, the court ruling is not considered in absentia, but regardless of this, according to the law, a cassation appeal may be filed for reconsideration of the case or additional investigation of newly discovered circumstances.