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Home / Codes / Article 196. Consequences of non-appearance at the court session of the persons participating in the case and representatives of the Civil Procedure Code of the Republic of Kazakhstan

Article 196. Consequences of non-appearance at the court session of the persons participating in the case and representatives of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 196. Consequences of non-appearance at the court session of the persons participating in the case and representatives of the Civil Procedure Code of the Republic of Kazakhstan

     1. The persons participating in the case are obliged to notify the court in advance of the reasons for non-attendance at the court session and to provide evidence of the validity of these reasons related to unforeseen and (or) extraordinary circumstances.

     2. If any of the persons participating in the case, in respect of whom there is no information about their proper notification, fail to appear at the court session, the case proceedings are postponed.

     3. If the persons participating in the case are duly notified of the time and place of the court session, the court shall postpone the hearing of the case only if the reason for their non-appearance is recognized as valid.

     4. The court has the right to consider the case in case of non-appearance of any of the persons participating in the case, duly notified of the time and place of the court session, if it recognizes the reasons for their non-appearance as disrespectful.

     5. Excluded by the Law of the Republic of Kazakhstan dated December 20, 2021 No. 84-VII (effective ten calendar days after the date of its first official publication).

     6. The parties have the right in writing to request the court to consider the case in their absence and send them a copy of the decision.

     7. The non-appearance of a representative of the person participating in the case, notified of the time and place of the court session, is not an obstacle to the consideration of the case. The court may postpone the hearing of the case at the request of the plaintiff, the defendant or a third party due to the failure of his representative to appear at the court session for a valid reason.

     8. If the person who filed a petition for participation in the consideration of the case through the use of technical means of communication has not ensured his participation, the court has the right to recognize the reasons for his non-appearance as disrespectful.

 

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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