Preliminary trial session in the civil process: tasks, goals and timelines

In case of violation of rights or infringement of interests, the subject can apply for their restoration to different instances. The most common method of protection is filing an application with a court. The consideration of the claim (complaint) is carried out according to the established rules in several stages. The first is the preliminary hearing. In the civil process, this stage is of particular importance. Let us consider this stage in detail later.

General information

Appeal to the court acts as one of the ways to protect interests and rights guaranteed by the state. The possibility to send demands to an authorized body is provided for by the Constitution. Subjects can apply to both non-property and property claims. Along with this, entities are guaranteed the opportunity to appeal against unlawful actions / omissions of institutions of power or decisions made by them that are contrary to the law.

Normative base

The authorized body accepts the application for production, guided by the established requirements and rules. The trial of the case is also carried out in compliance with the requirements of the law. In general, the whole complex of actions is called a trial. The existing norms establish the duties and powers of the competent authority, determine the rules of conduct of the participants in the proceedings. All relations of the parties are regulated in the CCP. The Code determines the order of the civil process, the ways and cases of appealing decisions, as well as other features of the procedures. Not only the plaintiff and the respondent can directly participate in the consideration of the case, but also other persons at the invitation of the court or the petition of the parties.

Preliminary meeting in the civil process

After acceptance of the application the official authorized for its consideration, carries out a number of obligatory actions. They are aimed at ensuring the subsequent movement of the case. The preliminary hearing is intended to identify shortcomings in the application, to establish the sufficiency of the evidence presented, and the validity of the arguments. Based on this, the official decides. If the claim does not comply with the requirements of the CCP, then it can be left without movement. In this case, if the identified shortcomings can be corrected, the plaintiff is given this specific time. If, at the end of the allotted correction / clarification is not made, the claim is deemed unspecified. Accordingly, all previously sent materials are sent back to the applicant. If there are no obstacles to the further movement of the claim, it is accepted for production. The parties are informed of the conducted preliminary hearing in accordance with the established procedure.

Specificity

The preparatory court session in the civil process helps speed up the consideration of the case. At this stage, the parties will be able to correct deficiencies in the requirements, clarify them, or provide additional documents and applications. The general term of these events is not defined in the legislation. It is installed separately for each specific case. At the same time, the time should not go beyond the reasonable. Acting as an initial stage, the preliminary hearing is of an auxiliary nature. The general movement of the case depends on the actions of the authorized person at this stage. A preliminary hearing in the civil process is a necessary stage in many situations. It does not depend on the complexity of the dispute, the subject matter of the claim, the number of participants and other circumstances.

Development of the Institute

Legislation regulating civil proceedings has undergone many changes. New institutions were introduced into the legal system. Changes have affected not only the procedure of proceedings directly, but also the principles on which it is based. During the reform of the system, the question arose about including the preliminary session as a mandatory stage in the process. The previous rules did not provide for a preparatory stage. At present, a preliminary court session in the civil process is considered to be the determining stage in the further movement of the case. In the framework of this procedure, follow-up actions of the participants are formulated.

Nuances

Some experts believe that a preliminary hearing is not always appropriate in all cases. Meanwhile, the law provides for certain cases of its binding, which seems quite justified. In practice, courts are addressed in a variety of ways. A person authorized to handle claims, in any case, needs time to verify compliance with legislative requirements. In addition, a preliminary hearing in the civil process is a stage in which the responsibilities of participants are distributed, a set of measures and rules for their further behavior is formulated. At this intermediate stage, the authorized person acquaints himself not only with the requirements and evidence, but also determines the need to involve third parties, including specialists from different fields of activity (expert, for example).

Actions of the parties

Preliminary hearing is conducted with notification of participants. At this stage, the parties are given the rights that they exercise before the decision is made. The plaintiff at this stage may:

1. Clarify or supplement the requirements.
2. Provide new / additional material proving his rightness.
3. To apply for the demand for documents that he can not imagine himself.
4. Declare requests, petitions. For example, he can ask to attract a third person, an expert.

The respondent is given fewer opportunities. Nevertheless, the actions of this participant are also mainly aimed at providing additional information on the merits of the case. The defendant has the right:

1. Grant an objection to the application.
2. Provide materials that refute the plaintiff's arguments.
3. Submit applications and counterclaims.
4. Indicate the statute of limitations.

Claiming materials

As it was said above, it can be carried out at the petition of the plaintiff. Legislation also authorizes the court, on its own initiative, to demand documents and materials relating to the dispute. For this purpose, an order, a letter, a request to the appropriate authorities (institutions, state agencies, etc.) is sent. In addition, the court is entitled to request additional information that is necessary for him to make a reasonable, lawful and objective decision.

Objectives

The paramount task is determined by the directive actions of the authorized person and the participants in the dispute. The parties commit them independently, at the request of or by order of the court. For example, in the latter case, the respondent may be required to provide objections to claims. Participants can also apply for activities. In the intermediate stage, the court determines the sufficiency of evidence and materials in the case. As another goal, it is the establishment of all the circumstances that are relevant to the substantive dispute. This is achieved by studying the arguments presented by the parties, objections. Relevant conclusions are also made when considering written statements and explanations. At the preliminary meeting, the respondent may indicate the expiry of the statute of limitations, and the court, in turn, has the opportunity to verify this fact, give a proper legal assessment and respond when necessary.

results

Holding a preliminary hearing can not only significantly shorten the total time for consideration of a dispute, but also complete the proceedings. At this stage, the authorized person has the right to carry out activities by which the production will be terminated. Legislation also allows for the suspension of proceedings at this stage. About the conducted preliminary hearing in this case the corresponding definition testifies. If the plaintiff for some reason did not appear at the hearing, the application may be left without consideration. At the intermediate stage, participants can also draw up a settlement agreement. The applicant has the right to voluntarily renounce the claims he has made. In turn, the defendant can recognize the claim. This will also lead to the end of production. In case of failure of both participants to attend, the court is entitled to appoint a second preliminary hearing. On it the situation described above can be repeated or the time of the next stage on which the matter will be examined on the merits will be determined.

An Important Moment

It should be separately said about the defendant's indication of the missed deadline. If the court determines that the period for filing the application has really expired, and no evidence has been provided for the validity of the reasons, and no statement has been sent for its restoration, this will have negative consequences. In particular, the requirements will remain without satisfaction. At the same time, it should be borne in mind that the applicant himself may not be aware that the expiration date has expired. Accordingly, he can not immediately provide explanations or evidence of the validity of the reasons for the omission. In this regard, the court must find out all the circumstances and facts, in order to avoid making a decision that violates someone's rights.

Conclusion

If at the preliminary stage there are no grounds for suspension or termination of proceedings, the claims are not left without consideration, the court issues a ruling and sets the first full-fledged hearing. The expediency and necessity of carrying out preparatory measures is determined by the authority authorized to hear the case.