A decision in absentia is made by the court in cases where the defendant did not appear at the hearing. The reasons for failure to appear may vary. Often they are related to the fact that the respondent was not properly notified. Or was notified, but could not attend for valid reasons. Be that as it may, the court decision in absentia can be canceled.
Instructions
Step 1
To cancel a court decision in absentia, an application should be made to the address of the court that made the decision. The application must state the facts that could be provided by the defendant and could affect the court's decision if the defendant was personally present at the hearing. You should also indicate the reasons that prevented the defendant from being present at the hearing at which the decision was made.
Step 2
Support all of your statements with references to the relevant articles of the code or provisions of other regulations. Indicate how your rights were violated. The court is obliged to react to the application. If your arguments are recognized as justified, the court decision in absentia will be canceled, and the proceedings will be resumed.
Step 3
The need to cancel a decision in absentia often presupposes that the procedural deadlines for its appeal in cassation were missed. Consequently, together with the petition for the cancellation of the court decision in absentia, it is necessary to ask the court to restore the missed deadlines. To do this, you should write a statement addressed to the judge in whose proceedings the case is, indicating the reasons why the procedural period established by law for appealing the court decision was missed.
Step 4
Remember that the court only considers good reasons. Do not refer to facts that are irrelevant to the court or facts that do not play any role in making a different decision in your case. If possible, support your words with documents. If the subpoena was handed to you after the court hearing has taken place, attach it to the application (the subpoena should always have the date of delivery). If you were hospitalized for a serious illness, submit a certificate from a medical institution.
