Can a trial be held without a plaintiff and a defendant?

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28.04.2023 18:53 678

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Photo of sikorsky.y.o Yaroslav Sikorsky

YES, the trial can be held without the participation of the plaintiff and the defendant. However, depending on the type of proceedings, the rules may differ.

In civil proceedings: the court postpones the consideration of the case in case of non-appearance of the participant in the court session, regarding whom there is no information about the delivery of a notice of the date, time and place of the court session. In the case of repeated non-appearance of the duly notified plaintiff at the court session, if no application has been received from him to consider the case in his absence, the court shall leave the claim without consideration. In case of repeated non-appearance of the duly notified defendant at the court session, the court decides the case on the basis of the data or evidence available in it (makes a decision in absentia).

In administrative proceedings: the court postpones the consideration of the case in case of the first non-appearance at the court session of the participant of the case who was notified of the date, time and place of the court session, if he reported the reasons for the non-appearance, which the court recognized as valid. In the case of repeated non-arrival of the plaintiff, who was duly notified of the date, time and place of the trial, without good reason, if no statement was received from him about the consideration of the case in his absence, the court leaves the statement of claim without consideration. If the defendant insists on consideration of the case on its merits, the case is considered on the basis of the evidence available in it.

In case of non-arrival of the defendant, duly notified of the date, time and place of the trial, the trial may not be postponed without valid reasons and the case may be decided on the basis of the evidence available in it.

If there are no obstacles to the consideration of the case at the court hearing, as indicated above, but not all persons participating in the case have arrived, although they have been duly notified of the date, time and place of the court hearing, the court has the right to consider the case in written proceedings in if there is no need to hear a witness or an expert.

15.05.2023 23:48

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