According to Russian law, it is accepted that the court, based on its convenience and schedule, itself sets the date and time for the hearing. However, any participant in the process has the right to write a motion to postpone the case. To do this, you must fill out the application correctly.
Instructions
Step 1
A citizen has the right (under Article 167 of the Civil Procedure Code) to file a motion to postpone the case in court. The judge will only accept your application if there is a good reason and written confirmation.
Step 2
Such reasons include: a serious illness of a representative of one of the parties, including a lawyer (confirmed by a certificate from a medical institution), difficult family circumstances, a business trip (upon presentation of a travel certificate).
Step 3
There are no special requirements for writing a motion to postpone the hearing, but when drawing up this document, it is imperative to adhere to the general rules for filing court statements.
Step 4
Fill out the header of your application in accordance with the requirements. In the upper right corner, write the names of the court you are applying to. Slightly below, indicate your data or the data of a representative in this order: last name, first name, patronymic, address, position in court (plaintiff or defendant). On the next line, in the center, write the title of your petition: "Petition to Postpone the Court Hearing."
Step 5
What follows is a statement block that contains information about the position of the lawsuit and your circumstances. Indicate which court or judge your case is under consideration (do not forget to write the number, full names of the defendant and plaintiff, claims that are stated in the case). Write down the date the meeting is scheduled for.
Step 6
Write the reason why you are not able to appear at the time indicated by the court and put a date that is convenient for you (day, month, year, exact time or interval).
Step 7
The next block of the application begins with the word "Please", after which you should indicate to what date you are asking to postpone the case and the address at which you can be notified of the decision. Attach to the original application a copy of it and documents confirming the reason for your absence. Date and sign.
