Civil procedural law. Procedural deadlines (most important)

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Civil procedural law. Procedural deadlines (most important)

Lecture notes, cheat sheets

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24. PROCEDURAL TERMS

procedural term - a certain period of time, which is established by a court or law, during which any procedural action must be performed or a part of the proceedings in the case must be completed.

Purpose of establishing a procedural time limit - fast and efficient consideration of a civil case. The legislator establishes a time limit so that no persons by their actions could deliberately delay the consideration of the case.

Features of the flow of procedural deadlines:

1) procedural deadlines are determined by the date and an indication of the event that must inevitably occur in accordance with this date;

2) the course of a procedural term, calculated in years, months or days, begins on the next day after the date or occurrence of the event that determines its beginning;

3) a procedural term calculated in years expires on the respective month and day of the last year of the term. A term calculated in months shall expire on the corresponding day of the last month of the term. If the end of a term calculated in months falls on a month that does not have a corresponding date, the term expires on the last day of that month;

4) if the last day of the procedural time limit falls on a non-working day, the expiration day of the time period shall be deemed to be the working day following it;

5) a procedural action for which a procedural time limit has been established may be performed before 24:XNUMX of the last day of the time limit;

6) if the procedural action must be performed directly in a court or other organization, the time limit expires at the hour when the working day ends in this court or organization according to the established rules or the corresponding operations are terminated. Complaints and documents filed after the expiration of the procedural deadlines, unless a petition is filed for the restoration of the missed procedural deadlines, are not considered by the court and are returned to the person to whom they were filed;

7) the course of all procedural terms that have not expired shall be suspended simultaneously with the suspension of proceedings on the case. From the date of resumption of proceedings on the case, the course of procedural terms continues;

8) procedural time limits set by the court may be extended by the court;

9) persons who have missed the procedural period established by federal law for reasons recognized by the court as valid, the missed period may be restored;

10) an application for the restoration of the missed procedural term shall be submitted to the court in which the procedural action was to be performed and considered in a court session. Simultaneously with the submission of an application for the restoration of the missed procedural period, the necessary procedural action must be performed (a complaint is filed, documents are submitted), in respect of which the deadline has been missed. An appeal may be filed against a court ruling on the restoration or refusal to restore the missed procedural term.

Author: Gatin A.M.

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