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Publication date: 09.02.2024
I am your personal lawyer. My goal is to help the client find the best solutions for current legal issues.
In today's realities, more and more people are forced to go to court to protect their rights and interests, honor, dignity and business reputation of themselves or their businesses. A trial has many stages, but the first is the appointment of a case (opening of proceedings), and then the court must ensure that the parties are present at the trial.
About the time and day on which such a meeting will be scheduled - the judge is obliged to inform in advance all persons participating in this case, as well as other parties to the court process involved in it, in order to enable them to properly prepare for the court meeting this case. Notice of the proceedings is contained in court notices, also known as subpoenas, which are sent separately to each of the participants in the process.
In general, according to the existing judicial practice, plaintiffs are required to appear at court hearings upon summons or to file a motion for consideration of the case in absentia. Failure to fulfill this obligation may result in the claim not being considered.
Everyone, without exception, the person involved in the trial must notify the court in advance in writing about the seriousness of the reasons for not appearing in court. If the person, due to ignorance or unwillingness, did not inform about the reasons for his non-appearance, the judge considers that the parties did not appear without valid reasons.
There are some groups of cases in which the presence of certain individuals can be recognized as mandatory. For example, in cases concerning the collection of money for maintenance - the judge may recognize the appearance of the defendant as mandatory; on recognition of citizens with limited legal capacity and/or incapacity, as well as deprivation of parental rights of a mother or father, in disputed issues regarding children, the presence of representatives of children's affairs bodies (guardianship and guardianship), as well as their conclusion, is mandatory.
In general, among the stages of the civil process there is a preliminary court session. There are cases when the parties are absent without valid reasons or do not intend to report such reasons in writing - then the clarification of the circumstances in the case is carried out on the basis of the evidence that was previously submitted to the court. Whether the court will accept other evidence in such a case depends precisely on whether the reasons for not presenting such evidence earlier were valid.
If, for example, an expert, witness or specialist or an interpreter did not appear at the court session, then the court takes into account the opinion of the persons who are present at the court session during the consideration of the case, whether it is possible to consider the case at this stage without these participants, and decides one from decisions: either on the continuation of the trial, or on postponing the trial to another date. Under certain conditions and necessity, the judge decides on the issue of prosecuting the absent persons who did not appear.
If the party, for example, the plaintiff, did not appear again, but received a summons to the court, which indicates the place, date and time of the trial of the case and there are no force majeure circumstances, did not submit a written request to consider the case without his participation - the court dismisses the claim application without any consideration, if the absence of the plaintiff prevents proper consideration of the case.
As for the defendant in the case, namely if the judge does not have reliable information about the circumstances that caused his non-appearance, but he was notified in accordance with the requirements of the law, or this circumstance is irrelevant - the court in the person of the presiding judge decides the case on the basis of materials that have already were provided earlier and renders a decision in absentia.
A mandatory condition for a quick review, in favor of the plaintiff, and the resolution of the case is the appearance at the court session of the plaintiff, the defendant, and third parties in this process. Although appearing in court is a difficult process, sometimes unpleasant - you should not rely on fate, because the fate of another person may depend on your responsibility.
Representation of interests in court is an important issue. Do you need a lawyer for court. Is it necessary to have a representative in court. It is important because he will be able to protect your interests in court. A person's personal participation in a case does not deprive him of the right to also involve a lawyer in court.
