How To Postpone A Court Hearing

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How To Postpone A Court Hearing
How To Postpone A Court Hearing

Sometimes situations arise when there is not enough time to prepare for the court session: there are not enough facts or documents that can affect the court's decision, there are no important witnesses. The law provides for the grounds on which a court hearing can be postponed.

How to postpone a court hearing
How to postpone a court hearing


Step 1

Draw up a motion to adjourn the hearing, including the name of the court, the name and contact details of the plaintiff and the defendant, and the case number. In the text, clearly state the circumstances in which the hearing should be rescheduled to another day. Article 169 of the Civil Procedure Code of the Russian Federation establishes in which cases the postponement of the proceedings is allowed.

Step 2

The hearing will be postponed if you file counterclaims. To study them, the court and the persons participating in the case require time, which, as a rule, is not enough within the framework of the current court session. The court will set a new date for the hearing. Persons attending the session will be informed of this on receipt, and persons who did not appear in court will be notified in accordance with the procedure established by law.

Step 3

The need to present or request additional evidence also serves as a reason to postpone the hearing of the case. Prepare a motion to request evidence, clearly indicating which circumstances or facts this evidence can support. If necessary, you can involve witnesses confirming the need and importance of the evidence you are referring to.

Step 4

In the cases established by law, the court session may be postponed due to the absence of any of the participants in the process. If you are such a participant, attach a document to your petition to postpone the case, which confirms that the reason for your absence is valid. This can be a certificate from a medical institution, a copy of a travel certificate, a copy of an airplane ticket (train, intercity bus trip), and so on.

Step 5

The need to involve other persons in the case is also a legal basis for postponing the court session. You need to prove to the court that the decision that will be made on the case directly affects the rights and interests of those persons whom you want to bring into the process. The proceedings on the case after its postponement will begin anew.

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