Appealing the absentee decision of the magistrate. Legal force of a default judgment. _____________________ about _________________my request for cancellation was denied
Information for authorities state power, local governments, other bodies and organizations.
If the court has evidence of proper notification, the time and place of the first court hearing in accordance with the requirements of Art. 113 Code of Civil Procedure of the Russian Federation, Art. 96 CAS RF, these bodies and organizations are notified by the court by posting relevant information on the official website of the court on the Internet.
These persons, who have received the first court notice in the case under consideration, independently take measures to obtain further information about the progress of the case, and bear the risk of adverse consequences as a result of their failure to take measures to obtain information about the progress of the case.
Submission Information procedural documents electronically or by email.
On January 1, 2017, Federal Law No. 220-FZ of June 23, 2016 “On amendments to certain legislative acts of the Russian Federation regarding the use of electronic documents in the activities of judicial authorities” came into force, providing for the possibility of submitting documents to the court in electronically on the official website of the court.
In the section you can familiarize yourself with the Submission Procedure federal courts general jurisdiction documents in electronic form, including in the form of an electronic document.
You can submit documents in electronic form, including in the form of an electronic document signed with an electronic signature, through your personal user account created in the “Submission of procedural documents in electronic form” section of the official website of the court.
Admissions to email court “Appeals from citizens” documents of a procedural nature ( statements of claim, appellate and cassation appeals, petitions to postpone the court hearing and other statements of a procedural nature) will not be accepted for proceedings and taken into account when making a decision if there is no electronic signature. According to clause 2.1.1 of the Instructions for judicial records management in a district court, documents sent to the official email of the court are rejected by the court as filed in violation of clause 4.5 and clause 4.6 of the Procedure for submitting documents to federal courts of general jurisdiction in electronic form, including number in the form of an electronic document.
Individuals obtain an electronic signature or an enhanced qualified signature independently at accredited certification centers, information about which can be found on the Internet.
REFERENCE INFORMATION
Complaints and applications for a default judgment in a civil case
The rules of absentee proceedings established by Chapter 22 of the Code of Civil Procedure of the Russian Federation do not apply when considering and resolving cases arising from public legal relations (clause 2 of Article 246 of the Code of Civil Procedure of the Russian Federation).
ABSTRACT PRODUCTION
See Chapter 22 of the Civil Procedure Code of the Russian Federation
Grounds for absentee proceedings:
1. In case of failure to appear at a court session by a defendant who has been notified of the time and place of the court session, has not reported valid reasons for the failure to appear and has not asked for the case to be considered in his absence, the case may be considered in absentia proceedings. The court issues a ruling on the consideration of the case in this manner.
2. If several defendants participate in the case, consideration of the case in absentia proceedings is possible in the event of failure of all defendants to appear at the court hearing.
3. If the plaintiff who appears at the court hearing does not agree to have the case heard in absentia in the absence of the defendant, the court postpones the consideration of the case and sends the defendant a notice of the time and place of a new court hearing.
4. If the plaintiff changes the subject or basis of the claim, or increases the amount of the claim, the court does not have the right to consider the case in absentia proceedings in this court hearing.
Procedure for absentee proceedings:
When considering a case in absentia, the court holds a hearing in general procedure, examines the evidence presented by the persons participating in the case, takes into account their arguments and makes a decision, which is called in absentia.
1. Contents default judgment the court is determined by the general rules for the content of the decision. (see Article 198 of the Code of Civil Procedure of the Russian Federation)
2. The operative part of a court decision in absentia must indicate the time limit and procedure for filing an application to cancel this court decision.
Sending a copy of the court decision in absentia:
1. A copy of the court decision in absentia is sent to the defendant no later than within three days from the date of its adoption with notification of delivery.
2. To the plaintiff who was not present at the court hearing and asked the court to consider the case in his absence, a copy of the court's decision in absentia is sent no later than within three days from the date of its adoption with notification of delivery.
Appeal against a court decision in absentia:
1. The defendant has the right to submit to the court that made the decision in absentia an application to cancel this court decision within seven days from the date of delivery of a copy of this decision to him.
2. A court decision in absentia may be appealed by the parties also in appeal procedure within a month after the expiration of the deadline for the defendant to file an application to cancel this court decision, and if such an application is filed, within a month from the date of the court’s ruling refusing to satisfy this application.
Contents of the application to cancel a court decision in absentia:
1. the vessel must contain:
1) the name of the court that made the decision in absentia;
2) the name of the person submitting the application;
3) circumstances indicating valid reasons for the defendant’s failure to appear at the court hearing, which he was not able to promptly inform the court about, and evidence confirming these circumstances, as well as circumstances and evidence that may affect the content of the court’s decision;
4) request of the person submitting the application;
5) a list of materials attached to the application.
2. An application to cancel a court decision in absentia is signed by the defendant or, if authorized, by his representative and submitted to the court with copies, the number of which corresponds to the number of persons participating in the case.
3. An application to cancel a court decision in absentia is not subject to state duty.
SAMPLES
IN Zavodskoy District Court of Novokuznetsk
Kemerovo region
(name of court)
APPLICATION FOR CANCELLATION OF DECISION IN ABSENTIA
"__"_________ 201__. The Zavodsky District Court of Novokuznetsk issued a default judgment ______, (indicate what specific case and for what claim, the judge)
(transfer)
I beg:
Application:
Judge of court district No.
Zavodsky district of Novokuznetsk
(name of court)
______________________,
(last name, first name, patronymic in full)
resident: _____________________________________________
(postal code and full address)
______________________________________________________
(indicate the procedural position of the case)
APPLICATION FOR CANCELLATION OF DECISION IN ABSENTIA
"__"_________ 201__, the magistrate judge of the court district No. Zavodsky district of Novokuznetsk made a decision in absentia ____________________________________________________________, (indicate what specific case and for what claim)
which I consider illegal because my failure to appear in court
was caused by a valid reason ___________________________________
(indicate the reason: failure to receive the summons, illness, etc.)
Since I have additional
evidence to refute the stated claims ______________,
(transfer)
for the purpose of comprehensive, complete and objective
consideration of the claim, in accordance with Art. 237 Code of Civil Procedure of the Russian Federation
I beg:
cancel the default judgment dated "___" __________ 201__ and renew
consideration of the case on its merits.
Application:
______________________________________________________________________
(copies of this application, according to the number of persons participating in the case; evidence substantiating the application)
"____"_______ 201___ Signature __________
IN Judicial Collegium on civil
Kemerovo regional court
through
Zavodskoy District Court of Novokuznetsk
(name of court)
from__________________________________________________,
(last name, first name, patronymic in full)
resident: _____________________________________________
(postal code and full address)
______________________________________________________
(indicate the procedural position of the case)
which I consider illegal because my failure to appear in court
was caused by a valid reason ___________________________________
(indicate the reason: failure to receive the summons, illness, etc.)
Since I have additional
evidence to refute the stated claims ______________,
(transfer)
for the purpose of comprehensive, complete and objective
I beg:
cancel the absentee decision of the Zavdsky District Court of Novokuznetsk dated "___" __________ 201__ and cancel (or change) the decision of the court of first instance in whole (or in part) and make a new decision in the case (terminate the proceedings in the case or leave the application without consideration completely or in part)
Application:
______________________________________________________________________
(copies of this appeal, according to the number of persons participating in the case; evidence substantiating the complaints; state duty 100 rubles, if the claim is subject to payment of state duty)
"____"_______ 201___ Signature __________
IN Zavodskoy District Court of Novokuznetsk
through the magistrate of judicial district No. ___
Zavodsky district of Novokuznetsk
(name of court)
from__________________________________________________,
(last name, first name, patronymic in full)
resident: _____________________________________________
(postal code and full address)
______________________________________________________
(indicate the procedural position of the case)
Appeal against a default judgment
"__"_________ 201__. the magistrate of the court district No. Zavodsky district of Novokuznetsk issued a decision in absentia _______________________________________________________________, (indicate what specific case and for what claim, the judge)
which I consider illegal because my failure to appear in court
was caused by a valid reason ___________________________________
(indicate the reason: failure to receive the summons, illness, etc.)
Since I have additional
evidence to refute the stated claims ______________,
(transfer)
for the purpose of comprehensive, complete and objective
consideration of the claim, in accordance with Art. 237, Z28 Code of Civil Procedure of the Russian Federation
I beg:
to cancel the absentee decision of the magistrate of court district No.________ Zavodsky district of Novokuznetsk dated "___" __________ 201__ and make a new decision.
Application:
______________________________________________________________________
(copies of this appeal, according to the number of persons participating in the case; evidence substantiating the complaint; state duty of 100 rubles, if the claim is subject to payment of state duty)
"____"_______ 201___ Signature __________
To the Judicial Collegium
Kemerovo Regional Court
through the district court of the Zavodsky district
Novokuznetsk
from____________________________
By the ruling of the Zavodsky District Court of Novokuznetsk dated "___"_________________201__ on the claim of _______________________k
_____________________ about _________________my request for cancellation was denied
absentee decision.
________________________________________________________
Based on the above, in accordance with Art. 237.334 Code of Civil Procedure of the Russian Federation
I beg:
to cancel the ruling of the Zavodsky District Court of Novokuznetsk, Kemerovo Region dated “___”________________201__. and cancel the court’s ruling in full (or in part) and resolve the issue on the merits based on the reasons given in the complaint.
(signature)
In Zavodskoy District Court
Novokuznetsk through the world
judge of court district No.____
Zavodsky district of Novokuznetsk
from____________________________
(last name, first name, patronymic; address; indicate the procedural situation in the case);
Private complaint (can be filed within fifteen days from the date of the ruling by the court of first instance)
By the ruling of the magistrate of the court district No. Zavodsky district of Novokuznetsk dated "___"_________________201__ on the claim of _______________________k
_____________________ about ___________ I was denied the cancellation of the default judgment.
(name of the claim and then the operative part of the definition)
I consider the ruling subject to cancellation, since the court incorrectly ___________________________________________________
(indicate the reasons why the applicant considers the determination to be unfounded, provide evidence supporting them)
________________________________________________________
Based on the above, in accordance with Art. 237, 334 Code of Civil Procedure of the Russian Federation
I beg:
to cancel the ruling of the magistrate of court district No. Zavodsky district of Novokuznetsk, Kemerovo region dated "___"________________201__. and resolve the issue on its merits based on the reasons given in the complaint.
"___"________201_g. ___________________________
(signature)
Addendum: 1. A private complaint is not subject to state duty.
2. copies of the private complaint (and the written evidence attached to it are submitted to the court with copies, the number of which must correspond to the number of persons participating in the case).
Actions of the court after accepting an application to cancel a court decision in absentia:
The court notifies the persons participating in the case about the time and place of consideration of the application to cancel the court's decision in absentia, sends them copies of the application and the materials attached to it.
Consideration of an application to cancel a court decision in absentia:
An application to cancel a court decision in absentia is considered by the court at a court hearing within ten days from the date of its receipt by the court. The failure of persons participating in the case and notified of the time and place of the court hearing to appear does not prevent the consideration of the application.
Powers of the court:
The court, having considered the application to cancel the court's decision in absentia, makes a ruling to refuse the application or to cancel the court's decision in absentia and to resume consideration of the case on the merits by the same or a different composition of judges.
Grounds for canceling a court decision in absentia:
A court decision in absentia is subject to cancellation if the court determines that the defendant’s failure to appear at the court hearing was caused by valid reasons that he was unable to inform the court in a timely manner, and in this case the defendant refers to circumstances and presents evidence that may affect the content of the court decision.
Resumption of consideration of the case:
If the default judgment is canceled, the court resumes consideration of the case on the merits. If the defendant, duly notified of the time and place of the court hearing, fails to appear, the court decision adopted during the new consideration of the case will not be in absentia. The defendant does not have the right to re-file an application for review of this decision in absentia proceedings.
Absentee proceedings - simplified trial civil case, subject to the consent of the plaintiff to consider the case and the failure of the duly notified defendant to appear at the court hearing.
If there are two or more defendants in the case, then absentee proceedings occur only if all defendants fail to appear at the same time. If the defendant does not agree with the court’s decision in absentia, then he has every right to have it overturned in the prescribed manner. current law ok. Unfortunately, many citizens do not know what the procedure is, on what grounds and how to cancel a court decision in absentia correctly according to the law.
Grounds for canceling the absentee decision of the magistrate
Reasons for canceling absentee court decision regulated by the Code of Civil Procedure of the Russian Federation. The current law provides for the following: cancellation of a court decision in absentia in Moscow is possible provided that the defendant fails to appear in the courtroom at the appointed time for a good reason, which he could not inform the magistrate court in a timely manner. At the same time, in order to change a court decision, the court must present specific arguments and evidence for them.
The procedure for canceling a default decision of the magistrate's court
Why is absentee proceedings necessary, what is an absentee judgment? Such questions often arise among citizens who are faced with legal proceedings for the first time. In fact, it is not difficult and can be explained in a nutshell.
Cases are considered in absentia if the defendant does not want to appear in court and delays the consideration of the case. Based on the results of such consideration, the court makes a decision in absentia. In fact, this procedure is beneficial to the plaintiff, who can receive a court decision in a shorter time.
The procedure for proceedings in absentia is described in Chapter 22. By stages, such production can be divided into three parts:
- deciding on the possibility of considering the case in absentia proceedings;
- consideration of the case;
- cancellation and appeal of a default decision.
Grounds for absentee proceedings
To make a default judgment, the consent of the plaintiff is required. The plaintiff may do this by filing or expressing his or her opinion orally during the hearing. If the plaintiff fails to appear, the court may consider the case in absentia and make a decision in absentia in the absence of a written objection to this procedure.
It will be impossible to consider the case in absentia if the plaintiff, at this court hearing, submits an application to increase the claims. If several defendants are involved in the case, their total failure to appear is mandatory for absentee proceedings.
Procedure for absentee proceedings
A court hearing in absentia proceedings is no different from a regular hearing. When deciding whether to consider a case in the absence of the defendant, the court clarifies the possibility of a trial in absentia and explains the procedure for proceedings in absentia. The plaintiff is explained the procedure for appealing a decision in absentia and its entry into legal force.
If the plaintiff does not have any objections regarding the trial in absentia, a ruling is made to consider the case in absentia. After this, the court hearing is held according to general rules: explanations are heard, witnesses are questioned, evidence is examined, debates are held. Based on the results of the consideration of the case, the court makes a decision in absentia.
Absentee decision
The descriptive part of the default judgment specifies the claims and explanations of the participants in the process. In the reasons for the decision in absentia, the court describes the circumstances established during the trial of the case; indicates evidence that supports the parties' arguments; cites the laws that govern legal relations.
The operative part contains the court decision on the dispute, distributes court expenses. It is mandatory for the court in absentia to indicate the procedure for filing an application to cancel the decision in absentia. The name must indicate: “ABSOLUTE DECISION”.
Appeal against a default judgment
A copy of the default judgment is sent by the court to the defendant by mail, with acknowledgment of delivery. After receiving a copy of the decision, the defendant has the right to file. The deadline for submitting such an application is 7 days from the date of its receipt.
For a default judgment, and is provided. In this case, the appeal period begins to count after the specified 7-day period; the appeal period will be 1 month.
Cancellation of default judgment
An application to cancel a default judgment is considered at a court hearing. The period for consideration of the application is set at 10 days from the date of receipt of the application by the court.
Based on the results of consideration of the application, the court may make a ruling to cancel the default judgment or refuse to satisfy the application. If its decision is reversed, the court resumes consideration of the case, and the trial is conducted from the very beginning.
The court revokes its decision if the defendant did not appear in court for valid reasons and was unable to communicate these reasons to the court. In addition, it is important that there are circumstances that the court did not establish during the trial in absentia, and evidence that the court did not examine.
Legal force of a default judgment
A decision made based on the results of an absentee review comes into force after all deadlines for appealing it have expired. First, the defendant must receive a copy judicial act, which must be noted in court in the form of his signature.
If within seven days the defendant has not filed an application to cancel the default judgment, it will enter into force one month after the end of this period. If the application for cancellation is filed by the defendant, and the court refuses to satisfy it, then the court decision will enter into force 1 month after such a determination is made.
When a ruling is made to cancel a decision in absentia, it does not enter into legal force; the legal relations of the parties are regulated by court order, which was issued following the consideration of the case. The ruling to cancel a decision in absentia is not subject to independent appeal. Arguments about disagreement with this definition can be included in the case.
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