A petition for transferring business how to issue

Consideration of the case in court requires the presence of each of the parties at the meeting. The non-appearance of one of the participants in the process may have serious consequences: the civil case will rather decide without a missing citizen, and perhaps not in his favor. The passage of hearings in a criminal case is the basis for its deposit. Therefore, if you were not ready for the process - notify the court in advance and send a request to consider the case on another day. On how to arrange such a petition, we will dwell.

1

Basic concepts

The court session date is appointed and announced by the judges. Therefore, all issues related to the transfer of deadlines are given to their discretion. Such rights are regulated by articles 167 Code of Civil Procedure of the Russian Federation and 158 APC RF (for arbitrators). At the same time, a citizen of Russia is entitled to demand depositing of the case for valid reasons by filing an appropriate application ( p. 6 art. 167 GPK).

2

Basis

To the obvious and weighty reasons for transferring the dates of the hearing, based on procedural actions, are related ( art. 169 GPK):

• submission of the counter request;
• a petition for the involvement of a third party;
• celebration of auxiliary evidence;
• finding on the call of additional witnesses.

If expertise is scheduled, then the court session will be postponed by itself. You do not need to apply for this.

In addition to objective reasons, there are other circumstances that are sufficient basis for changing the date of the trial:

1. Participant disease or his representative.
2. Business trip.
3. Hospital care child.
4. Other objective reasons.

Download on our site:

• Witness Call Application Template;
• Sample Witness Call Application;
• Counterclaim;
• An example of a counterclaim;
• Typical application for evidence of evidence;
• An example of a petition for evidence;
• The petition for calling witnesses;
• 
  An example of a petition for calling witnesses.

3

Terms and methods of filing

So, if your reason for the pass is suitable for the category "weighty", to file a petition about the transfer of the period you can both orally and in writing. Take advantage of the first way only during the process. An announced petition is entered by the secretary to the protocol, and the decision, as a rule, is immediately taken out of it. Optional application in the form of a decorated statement is carried out during the hearing of the case or in advance - through the Office. To postpone the proceedings can be maximum for 60 days ( art. 169 Code of Civil Procedure of the Russian Federation).

4

Nuances of making a petition

You can arrange a document handwritten or printed, with the help of special equipment. There is no specific algorithm for writing it, so the application is in free form, relying on the generally accepted requirements:

1. Form the introductory part. Specify in it:
   • name of the court or his representative;
   • personal data of the participants in the process or the applicant;
   • case number;
   • the name of the document is "a petition for the transfer of the case."
2. Specify information on the position of the trial. To do this, describe:
   • essence of the proceedings;
   • the data of all parties involved in the case;
   • causes of appointment of a later date.
3. In the motivation part, refer to regulatory sources.
4. In the leakage block, set out the essence of your petition, specify the date you wish to transfer the meeting.

To the application, attach paper that are the basis of your absence. Do not forget to put a mark on obtaining it on the second instance of the document.

Application application form here.

Sample case transfer petition here.

In order for the judge to make a definition of transferring the time limit, take care of everything in advance: competently make a petition, argue your actions and provide proof of bases for skipping. Otherwise, you will refuse to satisfy the request due to suspicion of delaying the case.