Subpoena

When there is a dispute that can not be resolved through traditional negotiations, there are several options for resolving the situation. This disputed issue is referred to the court of general jurisdiction, to the world or arbitration court for consideration.

When resolving the issue within the framework of civil proceedings, strictly taking into account the requirements of the Arbitration and Civil Procedure Code, all participants in the case are notified of where, in which composition of the court and when the case will be examined.

The order, according to which the parties to the process are notified, is regulated in sufficient detail by the provisions of the law. However, those persons for whom participation in the proceedings is not a daily practice, one should be aware of the procedure for holding hearings.

The summons to the court (or the ruling) notifies the participants about the time and place of consideration of the process. This notice is sent to all participants in the proceedings. Typically, it indicates the address of the court, the name of the judge, the number of the cabinet, as well as the status of the addressee (plaintiff, defendant, witness).

The agenda to the court, in addition to the above information, may contain requirements under which the parties should submit additional evidence or certain documents relevant to the case. As additional information can act declarations, constituent documents, accounting statements and so on.

The summons to the court obliges you to attend the meeting. Failure to attend to the case may have different consequences. But, as a rule, they are unfavorable. Thus, for example, the undisclosed party is deprived of the opportunity to defend its positions and defend rights, to object to the opponent, refuting his arguments.

After the summons was received in court, the participant in the process can take different actions. If, for some reason, the party does not wish or can not attend the meeting, it sends a statement of the hearing without its presence. Lawyers recommend in such a statement to reflect once again their position on the issue under consideration (objections or compliance with claims).

If the court requires additional evidence, then they must be presented, thus fulfilling the demand. Mainly, this is due to the fact that in preparing for the hearing, the proceedings, the examination on the merits, a determination is made of the circle of circumstances that the parties should prove. Additional documents are provided by interested persons.

In some cases, the defendant or the plaintiff has difficulty in obtaining certain documents that serve as evidence. In such situations, the interested party has the right to ask for judicial assistance.

The summons is sent by post and accompanied by a request for notification that it was served, or by a person acting in accordance with the instructions of the judge. The counterfoil, on which stands the receipt and the signature of the addressee, is sent back. The presentation of the agenda addressed to the organization is carried out by its authorized representative. In this case, it should be noted that managers of non-commercial and commercial enterprises often contact various bodies in the course of their activities. And not only with judicial, but also with law enforcement. Of course, the cases can be different. The agenda for the police (police) may be related both to the activities of the enterprise itself and to actions committed by other individuals or organizations.

In the event that the addressee refuses to accept the notice, the courier makes a corresponding note. After that, the summons is sent back to the court.