Application for adjournment of the case
Family disputes are considered one of the most popular according to the statistics of most lawyers and lawyers in Ukraine. However, if the case concerns a divorce or division of property, and one of the parties is a child, there may be many reasons for not appearing at the hearing.
However, the list of grounds for submitting a petition to postpone the consideration of a court case is much wider. After all, there are countless situations that can interfere with visiting the court at the appointed time for consideration.
Our lawyers have received a lot of questions about the grounds and procedure for drafting and submitting a motion to postpone the court session. We offer answers to the most common questions about postponing a court session.
If it is necessary to draw up an individual petition for postponing the consideration of a court case, we recommend using the Legal Services Consultant service to order a turnkey document.
What are the grounds for postponing the case?
First of all, it is necessary to determine the rule that establishes the right to file such a petition to postpone the court session for good reasons. In particular, Article 43 of the Civil Procedure Code of Ukraine fixes the right of every citizen to file a petition in the course of a trial.
When drawing up such a petition, it is necessary to indicate the reason, which will be really weighty for the court. This may include:
Illness of the participant in the case;
Illness of his children or other relatives he cares for;
Travel work;
Participation in another court session on the same day in another city;
the absence of a participant in the case in the country on the date of the meeting;
difficult weather conditions;
Force majeure on the way: transport malfunction, accidents, strikes on the highways.
At the same time, the list is not exhaustive and can be expanded, but it is necessary to pay attention to the significance of your reasons.
In any case, it is necessary to provide documentary evidence of such reasons. It could be:
a copy of the sick leave or a certificate from a doctor;
a copy of the order to send you on a business trip / travel certificate / waybill;
procedure or court ruling on a meeting in another city;
copies of tickets / vouchers / pages from the passport confirming travel abroad. etc.
But not always situations that prevent your presence on the appointed day and time in the courtroom can be documented. In this case, the likelihood that your application will be taken into account and an appropriate decision to postpone the consideration of the case will be made much less.
Our lawyers warn that even if you cannot provide documentary evidence of your circumstances, it is better to file a petition anyway, because the court will know about your intentions and can assess the good faith of your actions.
Preparation of procedural documents for open proceedings
Procedural documents always require a captious look of specialists, therefore, you also need to pay attention to certain points regarding the preparation of a petition to postpone the consideration of a court case.
At the beginning of the main text of the petition, do not forget to indicate the number of the court proceedings within which you are filing the petition, the last name, first name and patronymic of the judge who is considering the specified case. Be sure to remember the pre-arranged date, time and place of the scheduled court session.
After that, justify your right to file a motion as part of the lawsuit and describe your good reason for adjourning the hearing.
In the pleading part of the petition, you must ask to postpone the court session, and also ask to notify you of the available means of communication about the appointment of the next court session. In the annexes to the petition, provide copies of documents confirming your good reason for not appearing at the hearing.
If it is necessary to analyze an application for obtaining a certificate of arrears in the payment of maintenance obligations or the development of an individual document, we suggest using our legal services service "Consultant". Our experts will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Family Dispute Suspension Petition Template
The best lawyers in the field of family law are ready to provide appropriate advice! We offer high quality services with comfortable service.
It's now easier than ever to purchase a sample petition to set aside a civil case! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
By clicking the "Buy Template" button, you will immediately receive a link to download the document.
