Court order - an order from one court to another to take certain actions with the aim of collecting evidence. Considering that only a few articles in legislative acts are given to this issue, there are many nuances.
The concept of a court order
A court order is a way to gather evidence with the help of judges working in another district or region. Such actions are permitted provided that the court is unable to independently carry out procedural actions.
So, for example, the witness in the case lives in another area and is not able to appear at the meeting. Then, an order is sent to the address of the local court to interrogate the witness at his place of residence.
Types of errands
A court order is the norm for any type of proceedings (civil, arbitration, administrative). In criminal cases, evidence is collected by the investigating authorities. The judge, noting the lack of evidence in the case submitted to them for examination of the merits of the case, will not deal with their recovery. He will try to refer the case to the prosecutor. Orders at the judicial stage are rare for this reason.
Enforcement proceedings are considered to be a continuation of the trial. But this does not equalize the meaning of acts of bailiffs and judges. What is the order of the bailiffs (a sample you can find above) in reality? Only a way to get information to plan your actions further.
How decisions are made on behalf of
The decision is made by the judge on his own initiative or statement of the party in the case.
It is advisable to prepare and file an application through the office in advance. It must be motivated, it is impossible without any reason to ask to send an order. The reason must be valid, otherwise failure may follow.
The fact is that the duties of the court include direct investigation of all facts, circumstances, documents, testimonies of witnesses. Otherwise, the consideration of the case will not be considered complete. Because of this, judges send orders in exceptional cases. A decision on these issues is taken at the meeting.
How to make up
If a court order is drawn up, the sample is certainly used. This is normal, because the judge, his secretary or assistant needs to process dozens of documents during the day. And because of the rush and the large amount of work, nuances are missed, which can lead to problems.
The right of a judge to request documents applies to the whole country; sending orders for this purpose is not allowed.
The definition of the commission must be clear, specific actions are required (interrogation or examination of a specific witness or subject). It should be as clear as possible, without any ambiguity. Briefly indicated:
- essence of the matter;
- information about the parties, their location or place of residence;
- circumstances to be clarified;
- what evidence needs to be obtained.
The ruling is signed by the judge who received it, the date is indicated. The document is drawn up on the form of the court with the coat of arms, stamped.
Order execution order
Papers are sent by mail, accepted by the office and handed over to one of the judges. The execution of court orders rests solely with them, and is not transferred to secretaries and assistants.
An order is part of the trial, therefore a meeting is scheduled, witnesses or other persons whose participation is important, as well as participants in the case, are summoned.
All actions of the court and participants in the meeting, their remarks are reflected in the minutes, which is kept by the secretary.
A warning about liability for refusing to testify or giving false testimony is mandatory. A similar receipt is given by an expert for refusing to conduct a study or giving a false conclusion.
Obtaining written explanations only is considered insufficient, although they may be attached to interrogation protocols.
A month is allocated for the execution of the order, if it is possible to complete it earlier, the results are sent as soon as possible.
At the moment, in connection with the development of Internet technologies, requests for the organization of video conferencing are being received. Such an approach saves time and provides a better trial. Thus, a judge from another region can directly question a witness or ask questions to an expert.
Foreign orders
Judicial and other authorities in the process of investigation and proceedings may need the help of colleagues from other countries. The procedure for processing a request or request depends on relations with a particular state. In the CIS countries, these issues are mainly regulated by the Minsk Convention on Mutual Assistance in Civil and Criminal Matters.
Foreign court orders pass through the Foreign Ministry, only then they are transferred to the court. Interaction is not directly encouraged, and the result is subsequently not recognized as acceptable.
In the course of court orders, notices, case materials are given, interrogations, examinations, and other necessary actions are carried out.
Execution may be refused for two reasons:
- in violation of state sovereignty;
- if the resolution of the issue does not fall within the powers of the court.
The arbitration process provides an additional basis for refusal:
- if you cannot verify the authenticity of the order.
Implementation may be deemed impossible. For example, materials were handed over to the Russian court for delivery to the defendant, a Russian organization. Her representatives did not appear on a court call to get the papers. Copies of the ruling of the arbitration court on the execution of the order, evidence of the subpoena and documents from the foreign court in this case are transferred to the sender.