Table of contents (expand)
- The concept of civil process (legal proceedings). Tasks, types and stages of civil proceedings
- The concept of civil procedural law: subject, method and system
- Sources of civil procedural law
- The concept, meaning and classification of the principles of civil procedural law
- Civil procedural norms (concept, types, features, structure). Effect of civil procedural rules in time and space
- The essence, main features and significance of the civil procedural form: concept, features, meaning and consequences of its violation
- The place of civil procedural law in the system of Russian law. Process science
- Concept, prerequisites for the emergence and structure of civil procedural legal relations
- Features of civil procedural legal relations
- Subjects of civil legal relations. Internal affairs bodies as participants in civil proceedings
- The concept of persons participating in the case. Civil procedural capacity and legal capacity
- Hand
- Third parties
- Participation of a prosecutor in civil proceedings
- Participation of state bodies, local governments, organizations and citizens defending violated or contested rights, freedoms and legally protected interests of other persons
- The concept, goals and types of representation in civil proceedings
- Powers of judicial representatives and their execution
- The concept and types of judicial jurisdiction
- The concept and type of jurisdiction
- The procedure for resolving issues of jurisdiction. Change of jurisdiction
- The concept of court costs. State duty
- The costs associated with the consideration of the case
- Distribution of court costs
- Procedural deadlines
- The concept of a claim. Subject, grounds and content of the claim. Types of claims
- Right to sue
- Complaint and procedure for filing a claim
- Securing the claim
- Concept and classification of court evidence
- Subject and means of proof
- Evidence Process
- Essence, meaning and tasks of preparing a case for trial
- Proceedings to prepare the case for trial
- Appointment of a case for hearing. Court Notices and Summons
- The value of litigation. Procedure for holding a court session
- Postponement of the trial
- Suspension of proceedings
- Ending a Case Without Judgment
- Minutes of the court session
- Judgment. Judicial determination
- The essence of the judgment, its types
- Requirements for a Judgment
- Elimination of shortcomings of the judgment by the court that issued it
- The entry into force of the court decision
- Determination of the court of first instance
- The concept and significance of absentee proceedings
- Content and validity of default judgment
- Protection of the rights and interests of the defendant in absentia proceedings
- The concept and meaning of writ proceedings
- The procedure for issuing a court order
- The procedure for issuing and the content of the court order
- Appeal (proceedings to review decisions and rulings of magistrates)
- Procedural procedure for considering cases arising from administrative legal relations
- The concept and essence of special production. Types of cases of special proceedings
- Establishment of facts of legal significance
- Recognition of a citizen as missing and declaration of death
- Recognition of a citizen as partially capable or incapacitated
- Recognition of property as ownerless
- Restoration of rights under lost bearer documents (call proceedings)
- Cases on establishment of adoption (adoption) of children
- Finding Incorrect Vital Records
- Complaints about notarial acts or refusal to perform them
- The concept and tasks of cassation proceedings
- The right to cassation appeal against court decisions
- Procedure for filing and consideration of cassation complaints and protests
- Powers of the court of cassation
- Grounds for annulment of judgments
- Determination of the court of cassation
- Appealing (making a submission) rulings of the court of first instance
- The concept and tasks of production in the supervisory instance
- The procedure for initiating proceedings in the supervisory authority
- Contents of the complaint, presentation of the prosecutor
- The order of consideration of the case in the supervisory instance
- Determinations and decisions of the courts considering the case in the supervisory instance
- The concept, features and grounds for reviewing decisions, rulings and decrees that have entered into legal force based on newly discovered circumstances
- The procedure for initiating and reviewing cases based on newly discovered circumstances of decisions, rulings and decrees that have entered into legal force
- The essence of enforcement proceedings
- Enforcement mechanism
- Enforcement measures
- Expenses for carrying out enforcement actions. Responsibility for violation of legislation on enforcement proceedings
- Arbitration court: essence, tasks, organization, structure and competence
- Participants of the arbitration process
- Proceedings in the arbitration court of first instance. Revision of decisions of arbitration courts
- Proceedings in cases involving foreign persons
- Features and types of arbitration courts
- The procedure for consideration of disputes in the arbitration court
- The order of execution of the decision of the arbitration court
- Organization and competence of a notary in Russia
- Certification of transactions by a notary
- General rules of notarial proceedings
36. POSTPONED PROCEEDINGS
Postponement of the trial - transferring the consideration of the case on the merits to another court session.
Grounds for adjournment of proceedings - various circumstances preventing the consideration of the case on the merits.
The adjournment of the trial of the case is allowed if the court recognizes the consideration of the case as impossible for the following reasons:
1) failure of any of the participants in the process to appear;
2) filing a counterclaim;
3) the need to present or demand additional evidence;
4) involvement of other persons in the case;
5) performance of other procedural actions.
This list is not exhaustive.
The court shall decide on the adjournment of the court session definition, which is not subject to appeal. In the ruling on postponing the trial of the case, the court must set a date for a new court hearing, measures that must be taken to ensure the possibility of considering the case at the next court hearing. If the trial of a case is adjourned, the date is set taking into account the time required to call the participants in the process or request evidence, which is announced to the persons who appear against a signature. Persons who failed to appear and persons newly invited to participate in the process are notified of the time and place of the new court hearing. If the trial of a case is postponed, the time limits for consideration and resolution of the case are not suspended.
If the trial of the case is adjourned, the court has the right to interrogate the witnesses who have appeared, if the parties are present at the hearing. A second call of these witnesses to a new court session is allowed only if necessary.
A new trial of the case after its adjournment, in accordance with the principle of continuity and immediacy, begins from the beginning, i.e. from the preparatory part of the court session.
The Code of Civil Procedure of the Russian Federation contains a provision that is a kind of exception to these principles: it is allowed continuation of the trial without repeating the previously given explanations of all participants in the process under the following conditions:
1) the parties do not insist on repeating these explanations;
2) the parties are familiar with the materials of the case, including the explanations given earlier by the participants in the proceedings;
3) the composition of the court has not changed.
In this case, the court provides the participants in the process with the opportunity to confirm the previously given explanations without repeating them, to supplement them, to ask additional questions. Consideration of the case after its adjournment in this manner is a right, not an obligation of the court.
The adjournment of the trial of a case should be distinguished from a break in the court session and suspension of the proceedings.
Postponement of the trial - rescheduling the trial for another period, during which it is possible to consider other cases. Therefore, as a rule, after the adjournment, the proceedings begin from the beginning. When a break is announced, the consideration of the case continues from the moment when it was interrupted.
Suspension of proceedings differs on the grounds, legal consequences, terms, possibility of appeal.
Author: Gatin A.M.
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