A court order is a procedural action in a civil, administrative or arbitration process, the essence of which is that the court considering the case, if it is necessary to obtain evidence from another locality, instructs the relevant court to carry out certain procedural actions.
Judicial assignments in civil proceedings
The court considering the case, if it is necessary to obtain evidence, located in another city or region, instructs the relevant court to carry out certain procedural actions. The court ruling on the court order summarizes the content of the case in question and specifies information about the parties, their place of residence or their location; circumstances to be clarified; evidence that must be collected by the court performing the order. This definition is mandatory for the court to which it is addressed, and must be made within a month from the day it is received. At the time of the execution of the court order, the proceedings may be suspended.
The execution of the court order is made at the court hearing according to the rules established by the civil procedure legislation. Persons involved in the case are notified of the time and place of the meeting, but their non-appearance is not an obstacle to the execution of the order. The records and all evidence collected during the execution of the order are immediately forwarded to the court hearing the case. In the event that the persons participating in the case, witnesses or experts who gave explanations, testimonies, opinions to the court that carried out the assignment, come to the court considering the case, they give explanations, testimonies, conclusions in a general manner.
Charges in arbitration proceedings
The arbitration court considering the case, in case it is impossible to obtain evidence located in the territory of another subject of the Russian Federation, in the special procedure provided for by the arbitration procedure legislation, has the right to entrust the relevant arbitration court to perform certain procedural actions. The order to make certain procedural actions shall be determined . The definition summarizes the content of the case in question, specifies the circumstances to be clarified, the evidence that the arbitral tribunal must receive when it performs the order. A copy of the determination is sent to the court, which is given a court order. The determination of the court order is mandatory for the arbitral tribunal, to which the order is given, and must be executed no later than ten days from the date of receipt of a copy of the determination.
The court order is executed at the court session of the arbitration court according to the rules established by the arbitration procedure legislation. Persons participating in the case are notified of the time and place of the court hearing. The non-appearance of the above persons, who were duly notified about the time and place of the court session, shall not be an obstacle to holding the session, if this does not contradict the substance of the order. A decision shall be issued on the fulfillment of a court order, which, with all materials collected during the execution of the court order, is immediately forwarded to the arbitral tribunal that sent the court order. If it is impossible to execute a court order for reasons beyond the control of the court, this is indicated in the definition. Persons involved in the case, witnesses, experts who gave explanations, testimonies or opinions to the arbitral tribunal that carried out the court order, in case of their participation in the court session of the arbitration court considering the case, give explanations, testimony and conclusions in a general manner.
See also
- Evidence (jurisprudence)