Victory in court does not depend on the location of the stars and not on luck, but on how fully and competently the preparation for the trial was carried out. Gathering information, preparing material and evidence, refreshing certain articles in memory - all this takes time. But what if it is barely enough or not at all? Do you really have to accept and lose? In fact, the legislator has foreseen such a situation. There are several reasons to postpone the trial.
Instructions
Step 1
The court may postpone the consideration of the case if one of the parties did not appear at the hearing. If you are willing to take the risk, then you can simply skip the date of the hearing. There is a possibility that the meeting will be postponed (especially if it is the first). But there is also a possibility that the case can be considered without you, having made a decision in absentia on it.
Step 2
In order to postpone the trial in accordance with the established procedure, it is necessary to file a motion to postpone the case. The court considers only valid reasons, so you shouldn't come up with something original, but irrelevant for the court.
Step 3
If you ask to postpone the case due to illness (your own or your representative's), you must submit a certificate from a medical institution confirming the fact of being treated. In this case, the disease must be serious enough, otherwise it will not be considered a valid reason.
Step 4
If you received the subpoena much later than the statutory deadline, it can be said that you were not properly notified. To confirm this fact, the summons itself should be provided, where the date of its delivery is recorded.
Step 5
If you have not received a summons at all, this must also be proven. For this it is necessary to refer to the case materials. The court can notify the participants in the case about the court session in different ways, but regardless of this, the result of the notification must be recorded (the summons was delivered, returned due to the fact that the addressee does not live in the specified place, and so on).
Step 6
The court will be postponed also in the event that you put forward counterclaims or there is a need to demand (submit) additional evidence. In the latter case, it should be indicated what kind of evidence it is, why it is important and for what reason it can be presented only at the next court session.
Step 7
You can postpone the trial by involving other persons in the case. For example, you can file a motion to postpone the case due to the need to involve a defense lawyer (representative). A representative (defense attorney) can intervene in the case at any stage of its consideration, while the presence of a representative does not prevent you from being present in court in person.
