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Publication date: 16.05.2024
Subpoenas and notices in civil proceedings
Subpoenas and notices in civil proceedings in Ukraine are regulated by the Civil Procedure Code of Ukraine.
Subpoenas:
The court summons the participants in the case to the court session or to participate in the procedural action, if their presence is mandatory.
Subpoenas must be served in advance, but no later than five days before the hearing.
They can be sent by e-mail, registered letter with acknowledgment of receipt or by courier.
Court notices:
Court notifications are made through court summons-notices, when the participation of persons in the case is not mandatory.
Messages can be sent via instant messengers, SMS, or other means of mobile communication that ensure message capture.
Content of the subpoena:
The subpoena must contain the following information:
1. The full name of the person or the name of the organization to which it is addressed;
2. Name and address of the court issuing the summons;
3. The place, date and time when the person must appear in court;
4. Name of the case for which the person is summoned;
5. Procedural status of the person (for example, plaintiff, defendant, witness);
6. An indication of whether the person is summoned to a court session or preparatory session, and if it is a repeated summons, the need to provide personal explanations;
7. A proposal to submit previously unsubmitted evidence, if necessary;
8. The duty of the person who received the summons to deliver it to the addressee, if he was absent;
9. Clarification of the consequences of non-appearance depending on the status of the person and the obligation to inform the court about the reasons for non-appearance.The call notice must contain the information specified in points 1-7 and 9.
The subpoena-notice must include:
1. Name and address of the court;
2. Name of the case;
3. Procedural status of the person;
4. An indication of the action to be taken, its place, date and time;
5. Information that a person's participation is not mandatory.
If copies of documents are sent with the subpoena, the subpoena must specify which documents are being sent and the person's right to object and provide evidence.
How subpoenas are served:
1. If a person does not have an electronic account, then summonses are delivered personally with a receipt. For legal entities - to an official who signs for receipt.
2. The receipt with the date of receipt is returned to the court on the day of delivery.
3. If the addressee is not at home, other adult family members can receive the summons.
4. If the addressee or his family is not present, the summons is returned to the court with the reasons.
5. The summons delivered to the representative shall be deemed delivered to the addressee.
6. If the person does not live at the specified address, the summons can be sent to work.
7. If a person is in prison or in custody, the administration of the institution serves the summons.
8. For those who live abroad, delivery is made in accordance with international treaties or Article 502 of the Civil Code.
9. If a person refuses to receive a summons, this is recorded and the summons is returned to the court.
10. If the location of the defendant is unknown, the court acts in accordance with the code after receiving information about the summons.
Day of delivery of the summons:
The day when the subpoena is considered to have been served may be:
1. When a person personally signs for receiving a summons;
2.When the court receives a notification that the summons was delivered to the person's electronic account;
3. When there is a note on the postal message that the person refused to receive the summons or that he was not at the address that he independently informed the court;
4. If the person has not notified the court about the change of address of residence, which is registered in accordance with the established procedure and there is a note on the postal notification about the refusal or absence of the person at this official address.
If the summons is sent to the electronic office after 17:00, it is considered served on the next business day after the day of dispatch, regardless of when the court receives notification of delivery.
About the possibility of summoning the participants in the case by means of mobile communication
If a litigant who does not use an electronic cabinet submits a corresponding application, the court may use mobile communication to send text messages about the appointment of the case, the date, time and place of the court session or procedural action. The notification will indicate the web address of the court decision in the state register, in accordance with the established rules.
Improper notification of the participants about the time and place of the court session may lead to the annulment of the court decision.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will provide a legal opinion, according to which they will ensure the representation of the client's interests in state authorities or in court, and will participate in a court hearing in any city of Ukraine. A legal analysis of the situation, a legal opinion, if it is necessary to write a lawyer's request or an analysis of the situation by a lawyer will be a guarantee of quality protection of your rights and interests.
