Tell me how to cancel a decision in absentia?

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16.04.2024 15:44 384

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Photo of lorina200215 Lorina Fedan

Having received a court decision in absentia on a case that was considered without your participation, you can submit an application to the same court to review the decision in absentia, but only if there are good reasons for not appearing in court and if there is evidence that is essential for the correct decision of the case.

When submitting such an application, it is necessary to pay attention to the date of adoption of the decision and, in case of missing the procedural term, submit the corresponding request for its renewal, which must be considered by the court

An application for review of a decision in absentia can be submitted within 30 days from the day of its announcement. A party to the case who was not served with a full court decision in absentia on the day of its announcement has the right to renew the missed deadline for submitting an application for its review - if such an application is submitted within 20 days from the date of delivery of a full court decision in absentia. The deadline for submitting an application for review of a decision in absentia may also be renewed in case of omission for other valid reasons.

Based on the results of consideration of the application for review of the decision in absentia, the court may by its decision: leave the application without satisfaction; cancel the decision in absentia and appoint the case for consideration according to the rules of general or simplified legal proceedings.

If the application is left without satisfaction, the period for appeal (30 days) of the decision in absentia starts counting from the date of the decision to leave the application for review of the decision in absentia without satisfaction.

A decision in absentia is subject to cancellation if the court establishes that the defendant did not appear at the court session and (or) did not report the reasons for non-appearance, as well as did not file a response to the statement of claim for valid reasons, and the evidence he refers to has essential for the correct decision of the case.

16.04.2024 15:55

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