Request to Adjourn a Court Hearing in Ukraine: Template • DSA GROUP

Can’t make it to court because of illness, a business trip or another hearing on the same day? Procedural codes call this adjourning the hearing (in everyday speech – “postponing” or “rescheduling” it). A court adjourns a hearing only on grounds expressly set by law, and not always at a participant’s request. Below: when the court must adjourn, what happens if you do not attend, how to draft the request, and how the rules differ in civil, commercial, administrative and criminal proceedings. The law is stated as at 27 October 2026.

Adjournment, a break or a hearing without you

Adjournment – the hearing is moved to another date, and the court issues a ruling on it (part 9 of Article 223 of the Civil Procedure Code of Ukraine (CPC)).
A break – if a dispute whose consideration on the merits has begun cannot be resolved in one hearing, the court announces a break within the time limits for considering the case (part 2 of Article 240 CPC).
A hearing in your absence – a participant may ask the court to consider the case without them (part 3 of Article 211 CPC). Sometimes this is better than postponing.

When the court must adjourn (civil proceedings)

The absence of a duly notified participant generally does not prevent the court from considering the case on the merits (part 1 of Article 223 CPC). How summonses are served and when a participant is deemed duly notified is explained in our article “Court Summons in Ukraine”. The court adjourns the hearing in the following cases (part 2 of Article 223, part 1 of Article 240 CPC):

there is no information that the participant was served with notice of the date, time and place of the hearing;
the first absence of a duly notified participant who has informed the court of the reasons, and the court has found them valid;
technical problems make it impossible for a person to take part by video conference (except where the hearing may take place without that person);
new evidence needs to be obtained, and the participant has explained why the request could not be made during the preparatory proceedings;
the court considers it necessary for a party that asked for the case to be heard in its absence to give personal explanations.

The hearing is adjourned within the time limit set by the CPC (part 2 of Article 223 CPC). The court must consider the case on the merits within thirty days of the start of the consideration on the merits (part 2 of Article 210 CPC), so a hearing cannot be “postponed” indefinitely.

What happens if you do not attend

If a participant or their representative was duly notified of the hearing, the court considers the case in their absence, in particular in the event of (part 3 of Article 223 CPC):

absence without valid reasons or without giving reasons;
a repeated absence – regardless of the reasons (except for the defendant, to whom separate rules apply);
the absence of a representative where the person they represent, or another representative, has attended;
the absence of a participant whose representative has attended, unless the court has ordered the participant to attend in person.

The CPC sets separate consequences for the parties:

claimant: if the claimant is absent a second time without valid reasons or without giving reasons, the court leaves the claim without consideration, unless the claimant has asked for the case to be heard in their absence and their absence does not prevent the dispute from being resolved (part 5 of Article 223 CPC);
defendant: if a duly notified defendant is absent a second time, the court decides the case on the basis of the information or evidence in the file – it delivers a judgment in default (part 4 of Article 223 CPC). A default hearing requires, among other things, that the defendant has not filed a statement of defence and the claimant does not object (part 1 of Article 280 CPC). How to prepare a statement of defence is explained in our article on the statement of defence.

The same consequences apply if a participant or representative leaves the courtroom (part 6 of Article 223 CPC).

Which reasons may be found valid

The CPC does not contain an exhaustive list of valid reasons for absence: the court assesses them in each case. A useful guide is the list in the Criminal Procedure Code of Ukraine (CrPC) of valid reasons for failing to appear when summoned (Article 138 CrPC):

detention, custody or serving a sentence;
restrictions on freedom of movement under the law or a court decision;
force majeure (epidemics, military events, natural disasters and the like);
prolonged absence from one’s place of residence because of a business trip, travel and the like;
serious illness or being in a healthcare facility that cannot be left temporarily;
the death of close relatives, family members or other close persons, or a serious threat to their life;
late receipt of the summons;
other circumstances that objectively make it impossible to attend.

The reason must be supported by evidence: a certificate from a healthcare facility, an order on a business trip, tickets, a summons or a ruling scheduling another hearing. Without evidence, the court may not accept the reason as valid.

How to draft a request for adjournment

A written request must contain (part 1 of Article 183 CPC):

the full name of the person filing it, their place of residence or stay (registered address), for legal entities – the EDRPOU code, and information on whether they have an electronic cabinet;
the name of the court;
the case number and the surname and initials of the judge (judges);
the issue to be decided by the court and the applicant’s request;
the grounds for the request;
a list of the documents and other evidence attached;
other information required by the CPC.

The request is signed by the applicant or their representative (part 2 of Article 183 CPC). A draft of the ruling you ask the court to issue may be attached (part 3 of Article 183 CPC). The court returns without consideration a request that lacks the mandatory details or a signature, and also a request from a person who is required to register an electronic cabinet but has not done so (part 4 of Article 183 CPC).

The CPC sets no separate deadline for such a request, but it should be filed as soon as the reason for absence becomes known: the court must receive it before the hearing starts. No court fee is payable – the Law of Ukraine “On Court Fee” sets no rate for such a request (Articles 3 and 4 of the Law).

Template structure of the request

Heading: name of the court; case number; judge; the applicant’s details under item 1 of part 1 of Article 183 CPC; other participants in the case.
Title: “Request to adjourn the hearing of the case”.
Facts: “The hearing in case No. ___ is scheduled for ___ at ___. I cannot attend the hearing because ___ (reason), as confirmed by ___ (document). I was notified of the hearing date ___. This is my first absence.”
Legal basis: item 2 of part 2 of Article 223, part 1 of Article 240 CPC.
Request: “I request that the hearing of case No. ___ scheduled for ___ be adjourned and a court hearing be scheduled for another date.”
Attachments: a document confirming the reason for absence; a power of attorney or an advocate’s warrant if the request is filed by a representative.
Date and signature.

Make one clear and unconditional request. If, instead of an adjournment, you want to take part remotely or ask for the case to be heard without you, these are separate applications, not “fallback” options in the same request.

An alternative: taking part online

A participant or representative may take part in a hearing by video conference from outside the court premises or from another court, if the court has the technical capacity and has not ordered the participant to attend in person (part 1 of Article 212 CPC). The application must be filed no later than five days before the hearing, and a copy sent to the other participants within the same period (part 2 of Article 212 CPC). The risk of technical failure or loss of connection is borne by the participant who filed the application, unless the court itself has lost the technical capacity (part 5 of Article 212 CPC).

Differences in commercial, administrative and criminal proceedings

Commercial proceedings

The grounds for adjournment are the same as in civil proceedings, except for summoning a party for personal explanations (part 2 of Article 202, part 1 of Article 216 of the Commercial Procedure Code of Ukraine (CommPC)). A repeated absence of any participant, including the defendant, means the case is heard in their absence regardless of the reasons (item 2 of part 3 of Article 202 CommPC). The claim is left without consideration after the claimant’s very first absence without valid reasons or without giving reasons, unless the claimant has asked for the case to be heard in their absence and their absence does not prevent the dispute from being resolved (part 4 of Article 202 CommPC).

Administrative proceedings

The grounds for adjournment match those in civil proceedings (part 2 of Article 205, part 1 of Article 223 of the Code of Administrative Procedure of Ukraine (CAP)). If a representative is absent but the party has attended, the court may adjourn at the party’s request, taking the circumstances into account (part 4 of Article 205 CAP). For a claimant that is not a public authority, the consequence of absence without valid reasons (leaving the claim without consideration) applies only to a repeated absence (part 5 of Article 205 CAP). If all participants were duly notified but none attended, the court may decide the case in written proceedings where there is no need to hear a witness or an expert (part 9 of Article 205 CAP).

Criminal proceedings

If an accused who is not in custody fails to appear when summoned, the court adjourns the trial and takes steps to secure their attendance; the court may also order that they be brought in by force and/or impose a monetary penalty (part 1 of Article 323 CrPC).
If the prosecutor, or defence counsel in proceedings where the participation of defence counsel is mandatory, fails to appear, the court adjourns the trial; if the reason is not valid, the court raises the question of the prosecutor’s or advocate’s disciplinary liability (part 1 of Article 324 CrPC).
If a duly notified victim fails to appear, the court, having heard the participants, decides whether to proceed without the victim or to adjourn (Article 325 CrPC).

Frequently asked questions

How many times can a hearing be adjourned?

Because of an absence for valid reasons, the court must adjourn only the first time (item 2 of part 2 of Article 223 CPC). In civil proceedings, a repeated absence means the case is heard without the participant regardless of the reasons, except for the defendant, against whom a judgment in default is possible (item 2 of part 3, part 4 of Article 223 CPC).

Will the hearing be adjourned if my lawyer is ill?

If the party itself or another representative attends, the representative’s absence does not prevent the hearing (item 3 of part 3 of Article 223 CPC). In administrative proceedings, the court may then adjourn at the party’s request (part 4 of Article 205 CAP). If neither the party nor its representative can attend, the request should explain and prove the reason for the absence.

Can the request be filed through the Electronic Court?

Yes. Moreover, persons who are required to register an electronic cabinet (part 6 of Article 14 CPC) must do so, otherwise the court will return the request without consideration (part 4 of Article 183 CPC).

What if the court has decided the case without you?

A first-instance judgment can be appealed – deadlines and requirements are covered in our article on appeals. If the court delivered a judgment in default, the defendant may apply for its review; a court fee is payable for that application (Article 4 of the Law “On Court Fee”).

This article is for information only, reflects the law as at 27 October 2026 and is not a substitute for advice on your situation.

Unable to attend a hearing, or has the court already decided the case without you? An advocate will prepare the request, attend the hearing instead of you or with you, or appeal the decision → Civil and commercial disputes · Administrative disputes · Defence in the court of first instance. How to file a claim correctly is explained in our article on the statement of claim.