How to accelerate consideration of the case in court? About judicial red tape of
Often many citizens, facing judicial system, begin to accuse judges of red tape, bribery, callousness and to that similar. The main argument of such people - the judge constantly postpones process. If postpones, means it is interested or illiterate, or does not know what to do. I do not argue, it happens.
However, unlike citizens, in court judges have such concept - terms of consideration of the case. And total period of consideration of the case (is also special, but about them I will not be) - to is two months . And for violation of this term, I dare to assure you, judges are asked strictly. In this article, speaking about terms and so-called “ drag “ I write about civil cases , in criminal cases several other order which I do not concern.
Why judges sometimes endlessly postpone processes? I in the practice met generally two reasons, and both of them did not depend on judges.
First reason : people, coming to court, consider that they made to the judge a huge favor and now court “ will understand everything “ - will claim the necessary documents, will collect proofs, will call witnesses. And very much are surprised, having learned that they have to do all this. And without proofs the decision to accept very difficult, and any made decision can be cancelled by superior court behind not study of proofs.
The vicious circle turns out: the citizens who appealed to court do not produce the evidence, the court cannot pass the decision, citizens accuse the judge of red tape, the judge makes the decision on the basis of what the parties provided, the decision does not suit one of the parties, she writes the complaint to superior court, the decision is cancelled and … everything begins on new.
There is also second , often met, a reason “ red tape “. It when one of the parties, namely the defendant, just does not wish to go to court. Not only that it just does not go to court, it does not go also on mail behind the agenda yet. Respectively, the agenda comes back with a mark “ period of storage " expired;. And in legal language it means “ lack of data on the appropriate notification of the defendant “. And owing to the Art. of Art. 113, 167 of GPK Russian Federation the judge just has no right to consider case without such data. And if (most often under the influence of shouts of the claimant about interest, red tape, etc.) the judge will consider case after the decision is passed, the defendant “ will wake up “ will run to complain, the decision will be cancelled by superior court and everything will begin on a new circle.
Such “ drag “ is of antidote .
In the first case it is thorough training to trial (it is desirable by means of the good lawyer), in the second case this ukazyvaniye in the statement of claim of all addresses of the defendant and all phones (house, working, mobile) since the notice by phone is also considered the appropriate notice. If judicial calls and calls did not yield result, then the judge usually asks to render other party assistance in delivery of the agenda.
If you are interested in fast consideration of the case, then it is better to take the agenda, to hand to the defendant, and the return receipt (it is desirable) to carry with interpretation of the signature of the defendant to the judge. If the defendant refuses delivery of the agenda, then it is possible to specify in the receipt “ refused the signature “ and to specify surnames of two witnesses in the presence of which it was made, and then to bring these persons into court.
As a rule, after this business are considered, decisions are passed, and cancellation on the procedural bases (i.e. behind the non-notification of the defendant) are not subject.
So before accusing judges of red tape, it is better to read the law.