Civil procedural law. Assignment of the case for hearing. Court Notices and Summons (Most Important)

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Civil procedural law. Assignment of the case for hearing. Court Notices and Summons (Most Important)

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34. APPOINTMENT OF THE CASE FOR HEARING. JUDICIAL NOTIFICATIONS AND SUMMONS

The judge, having recognized the case as prepared, issues ruling on the appointment of a case for trial at the court session. This ruling should be made by the judge only when the case is recognized as prepared, which implies the fulfillment of the tasks of the preparation stage and the performance of all necessary preparatory actions.

The ruling on the appointment of the case for trial shall indicate on notifying the parties and other persons participating in the case, on the time and place of the consideration of the case at the court session, on summoning other participants in the process (representatives, witnesses, expert, specialist, translator).

The persons participating in the case, as well as witnesses, experts, specialists and translators, shall be notified or summoned to court by registered letter with a return receipt, a court summons with a return receipt, a telephone message or a telegram, by facsimile, or using other means of communication and delivery, ensuring the fixation of a court notice or summons and its delivery to the addressee.

To the persons participating in the case, court notices and summons must be served in such a way that the said persons have sufficient time to prepare for the case and appear in court in a timely manner.

The court notice addressed to the person participating in the case shall be sent to the address indicated by the person participating in the case or his representative. In the event that a citizen does not actually live at the indicated address, a notice can be sent to his place of work.

A court notice addressed to an organization shall be sent to the place of its location.

Summons and other court notices contain:

1) name and address of the court;

2) an indication of the time and place of the court session;

3) the name of the addressee - the person being notified or summoned to court;

4) an indication in the capacity of whom the addressee is being notified or summoned;

5) the name of the case on which the notification or summoning of the addressee is carried out.

Summons or other court notices addressed to persons participating in the case are invited to present to the court all the evidence they have in the case, and also indicate the consequences of failure to present evidence and failure to appear in court of the notified or summoned persons, explain the obligation to inform the court of the reasons for non-appearance.

Simultaneously with the court summons or other court notice addressed to the defendant, the judge sends a copy of the statement of claim, and with the court summons or other court notice addressed to the plaintiff, a copy of the defendant's written explanations, if the explanations were received by the court.

Summons and other court notices delivered by mail or by the person to whom the judge instructs to deliver them.

Delivery time to the addressee is fixed by the method established in postal organizations or on a document to be returned to the court.

A court summons addressed to a citizen is handed over to him personally against a signature on the back of the summons to be returned to the court or to an adult living with him.

Author: Gatin A.M.

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