If the defendant, notified of the court session, did not appear in court and did not report valid reasons preventing him from being present, the case may be considered without him. The court issues a ruling on the consideration of the case by way of absentee proceedings. The decision on the case in this case is also considered in absentia.
Instructions
Step 1
The procedure for proceedings in absentia does not differ much from the usual consideration of a case, when all parties are present. The court session takes place in a general manner, the evidence presented by the persons participating in the case is examined, their arguments are taken into account. On the basis of the materials examined, the court makes a decision. A copy of the court decision in absentia is sent to the defendant by mail with a receipt acknowledgment no later than three days from the date of this decision. Examine the operative part: it should indicate the terms and procedure provided for filing an application for cancellation of the absentee decision.
Step 2
Don't miss the deadline. The defendant is given a seven-day period for filing an application for cancellation of the court decision in absentia. This period starts from the moment of delivery of a copy of the decision. The content of the application is established by the Code of Civil Procedure of the Russian Federation. The document must contain the following data: the name of the court that made the decision, the name of the person filing the application, the reasons why the defendant could not be present in the court, the request to cancel the decision in absentia and the list of documents attached to the application.
Step 3
Contact the court office with as many copies of the statement as there are persons involved in the case. There is no need to pay the state fee. Make sure your copy is marked with the court's acceptance of the application. Within ten days after the submission of the application, it will be considered by the court. After that, a new meeting will be scheduled, you will be notified of the time and place of its holding. At the new session, the court will either cancel the absentee decision, or issue a ruling on the refusal to satisfy your application.
Step 4
It is also possible to appeal the court decision in absentia in cassation. If you have not filed an application for cancellation of the court decision, you are given ten days after the deadline for filing an application for cancellation of the absentee decision. If the application was filed, you can file a cassation appeal within ten days from the date of the court's decision to refuse to satisfy this application.
Step 5
A cassation complaint must contain the name of the court to which it is addressed, the name of the person submitting the complaint, an indication of the appealed court decision, the grounds on which it is appealed, and a list of documents attached to the complaint. File a complaint with the office of the court that made the decision in absentia, enclosing a receipt for payment of the fee. The number of copies of the complaint is determined by the number of persons participating in the case. The court will consider your complaint and issue a ruling on sending it to the Supreme Court, leaving it without motion, or refusing to accept it, and will notify you of this in the manner prescribed by law.
