Present justice is very clumsy - the examination of civil matters can last by years. Therefore if to you action and you are not assured in of your position, then it is very reasonable not to hurry.
You will recall, as promised to emir in ten years to learn donkey to speak. Many then considered that this is very rash act. What it answered, that in ten years either the donkey of or emir, or it itself. Something similar can happen, also, with today's civil justice in our country.
Of course in article 154 of the codes of civil procedure of Russia ([GPK] RF) it is indicated that the civil matters are permitted by law court to the expiration of two months from the day of the entering of statement in the law court, and the world of to the expiration of one month from the day of the adoption of statement to the production. But personally I did not hear about this inconceivable speed.
If you decided not to hurry, then the most elementary (and how they fairly often use) - not to assume judicial agenda. They usually send it by mail. Postmen must entrust agenda to you personally, under the receipt on the rootlet. Well and you simply there is no house. Then through the pair of weeks this most judicial agenda of to the judge without your signature about obtaining. Without proper information by one of the sides hardly they will begin to examine the matter - indeed this is the conclusive proof for the cancellation of the solution. Yes even it is indicated into [st].167 of [p].2 [GPK] RF: “In the case of failure to appear into the judicial session of someone of those, who participate in the matter, in attitude of whom there is no information about their notice, the trial of the matter is put aside”.
Certainly, with a similar tactics one should rely on the honesty of postmen and the confidence, that they, regulations to walk to you home, simply will not counterfeit your courageous signature.
If you nevertheless to into the law court, then it is possible to require so that your matter would examine not world judge, but district law court. It is necessary to say that the Federal Judges much more greatly are loaded and this to you very by the way. What civil matters are subordinate to world judge, while what to district law court, it is indicated in articles 23 and 24 [GPK] RF. Very frequently this depends on the price of action. The upper limit for the world judge composes five hundred minimum wage units and 2007- m to year is equal to 50.000 rubles.
If it was impossible to tighten the matter at the preparation stage, do not be disturbed: you have the mass of possibilities both in the course of preliminary judicial session and in the process of hearing of the case.
For example, you can forget houses passport. And then the question will arise: how to establish your personality in the judicial session? Or suddenly along the way into the law court at the personal automobile you (completely unexpectedly) will stop the colleague of traffic control, your state of signs for the intoxication and it will send to the examination; you no longer will have time to the hearing of the case. Do not forget in this case to prove to be absolutely sober, not that all can end sadly.
Still it is possible to declare diverse petitions about the designation of various examinations, the request of important for resolution of dispute documents and even to require translator, if you badly know the Russian language. But it can be, your main witness will prove to be by person, who speaks exclusively on the Swahili and then without the translator not to manage. All petitions, of course, will not satisfy, but it is possible to design for some part - in you indeed not the affair “of YUKOS”.
There is a whole series of the civil matters, when the participation of attorney is necessary. Sometimes judges forget to invite it. Here then to you and it is must, after referring to 45- yu article [GPK] RF, to require attention to its matter of so important a figure. As you understand, attorneys at each angle are not dragged along, and it means, hearing of the case will be postponed.
Furthermore, at the current judicial session it is possible to make the sad person, to refer to article 48 of constitutions RF and to state that to you is necessary “qualified legal assistance”, which is guaranteed to each citizen of Russia. Well and respectively to ask to put off hearing of the case for one month, thus far not to of attorney. So much time law court can and not give, but to vapor of weeks or days ten to you they will isolate. During this period it is possible to fall ill, to leave into the official mission, either to the burials of relative or friend somewhere into South America. In this case you will compulsorily report to law court (in the written form) about the understood troubles and will ask to transfer judicial session.
When from South America, in you appear the possibility to put off hearing of the case in view of the disease of main witness. You indeed have a main witness - that same, which speaks only on the Swahili - and it undoubtedly can fall ill. At the worst, main witness can leave to himself home to the pair of weeks in order to finish celebrating wedding, birth of a son or burials of the leader of tribe.
By the way, do not forget to prepare all petitions in the written form and you request law court to introduce them to the materials of the matter.
Probably, you and they will be able to devise any exotic motion. You will include its own fantasy, again re-read the code of civil procedure, and develop its own tactics.
But possibly, during the day, to which is assigned the hearing of your matter, in judge will happen “continuous court trial” in another matter. Then consider that to you it transported. As when to plaintiff (claimant) it will tire without the benefit to cover the thresholds of law court…
No comments:
Post a Comment