Subpoena

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

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

The order, according to which thenotification of the parties involved in the process, is regulated in sufficient detail by the provisions of the law. However, for 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) notifiesparticipants 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 summons to the court, in addition to the above information, maycontain the requirements that the parties should submit additional evidence or certain documents relevant to the case. As additional information can act as a declaration, constituent documents, accounting records 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, an 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 on the conduct 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 additionalevidence, they must be presented, thus fulfilling the requirement. Mainly, this is due to the fact that in preparing for the hearing, the proceedings, the examination in essence, 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 plaintiff experiencesdifficulties in obtaining those or other 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 andaccompanied 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 signature of the addressee, is sent back. The presentation of the agenda addressed to the organization is carried out by its authorized representative. It should be noted in this case 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, as a matter of fact, 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.

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