Adjournment addresses an obstacle to deciding a particular issue: obtaining material evidence, allowing participation where absence is justified, or taking a necessary procedural step. It is not intended to delay proceedings artificially and does not automatically suspend every deadline in the case.
Explain exactly why the issue cannot be considered now.
Documents and dates matter more than a general request for time.
State what will be done before the new hearing and why it matters.
When a bankruptcy hearing may be adjourned
Article 223 of the Russian Commercial Procedure Code applies procedural rules to bankruptcy cases subject to the special insolvency provisions. Article 158 contains the general adjournment grounds. Distinguish mandatory adjournment in statutory circumstances from cases where the court assesses whether the reason is justified and postponement necessary.
| Reason | Evidence needed | Court’s assessment |
|---|---|---|
| No evidence that an absent participant was notified | Notification records and participant details | Article 158 requires adjournment where this condition applies |
| Illness of a participant or representative | The relevant period and actual obstacle to participation | Whether the reason is valid and the issue can still be heard |
| Additional evidence is necessary | What is needed, why it matters and steps already taken to obtain it | Whether the existing record allows a decision |
| Technical failure in a remote hearing | Connection circumstances, notification to the court and available evidence | The effect of the failure on the hearing |
| Conciliation | Actual use by the parties of a legally recognised conciliation process | Article 158(2) conditions, not a unilateral promise to negotiate |
A representative’s busy schedule, holiday or recent engagement does not create an unconditional right to postponement. Explain why the particular circumstance obstructs presentation of the position, when it arose and what reasonable steps have already been taken. Merely naming the reason is insufficient.
Adjournment, recess and suspension are different
- Adjournment moves consideration to a new date; the court issues an order and notifies participants.
- A recess pauses a hearing already under way under Article 163. The current maximum is ten days; an unqualified reference to the old five-day limit is outdated.
- Suspension of proceedings depends on separate statutory grounds and has different procedural effects. It does not occur merely because a hearing has been adjourned.
The general rule in Article 158(7) allows the time needed to remove the obstacle, up to one month; the conciliation procedure under paragraph 2 allows up to two months. These are not maximum durations for the whole bankruptcy case and do not promise completion within a month. The stage, special rules and actual court order matter.
See the separate guide to suspension of bankruptcy proceedings. Do not substitute a suspension application for an ordinary request to postpone a particular hearing.
What the motion should contain
- Identify the case and issue. Court, case number, debtor, applicant, procedural capacity, and hearing date and time. For a separate dispute within the case, identify the application being considered.
- Set out a dated chronology. Explain when the obstacle arose, when you learned of it and why it could not be removed earlier.
- Connect the reason to the issue. Explain what the missing document would prove or why participation is necessary.
- State the request and attach evidence. Ask to adjourn the particular hearing, suggest a reasonable period and list the steps you will complete.
If a bank or another organisation holds a document that you could not obtain independently, adjournment alone may be insufficient. Consider a separate request for the court to obtain evidence under Article 66. Identify the document, its significance, its holder and the obstacles to obtaining it yourself.
For bank calculations, use the debt certificate request guide. Evidence of a timely request helps show that your own inaction did not create the need for postponement.
Sample motion where a document is missing
This is a basis to adapt, not a universal document for every stage. Do not include events that did not happen. Submit appropriately completed Russian wording to the Russian court.
To the Commercial Court of [name]
Case No. [number]
Debtor: [name]
Applicant: [name, capacity, address]
Motion to adjourn the hearing
Consideration of [specific issue] is scheduled for [date and time]. The relevant matter is [fact], evidenced by [document] held by [person and address].
I requested the document on [date]; receipt is evidenced by [record]. It has not yet been supplied because [substantiated explanation]. Without it, [specific calculation or circumstance] cannot be properly checked. Earlier production was impossible because [reason].
Under Article 158 of the Commercial Procedure Code, I request adjournment of this issue for the time needed to [action]. Before the new hearing I will supply [document or explanation].
Attachments: request, receipt evidence, organisation’s response if available, and other supporting records. [Date, signature and representative’s authority where applicable].
For illness, replace the missing-document section with the circumstances of absence and relevant evidence. For conciliation, show the parties’ actual steps. Combining several unsupported grounds does not strengthen a motion.
How to file and what to do afterwards
File in advance through an available procedural channel: the court registry, post allowing for delivery, or the court’s electronic filing system. Keep receipt evidence. An oral motion at the hearing is also possible, but must be justified and recorded procedurally. A telephone conversation with court staff is not an order granting adjournment.
Disclose new evidence to participants who do not already have it as required by procedural rules. Check the case record and court orders. If adjournment is granted, carry out the stated actions and submit the results by the new deadline. If refused, prepare a written position and available evidence; the case does not have to stop until you agree.
Article 159(5) allows refusal of an untimely motion where procedural abuse aims to disrupt a hearing or delay the case. An objective inability to apply earlier is assessed separately. Repeating the same request without new circumstances does not guarantee a different result.
Frequently asked questions
Can I stay away once I have sent the motion?
Sending it does not postpone anything. Check the court’s decision and comply with appearance or written-submission directions. Properly notified participants’ absence does not always prevent consideration.
Does a medical certificate automatically move the hearing?
No. The court assesses the reason and its effect on participation. Evidence should address the relevant hearing circumstances, not merely show that medical attention was sought.
Does adjournment extend the creditor-claim deadline?
Not automatically. The time for submitting a claim and the date of a particular hearing have different legal bases. Track each deadline separately; a postponement motion does not replace the creditor claim.
Can I postpone an issue being decided without a hearing?
First check the procedure set by the court. If no hearing was scheduled, asking to postpone one does not address the situation. Use the objections, evidence or other procedural application appropriate to that mode of consideration.
Primary sources
- Commercial Procedure Code, Article 158: grounds, time and procedure.
- Article 159: applications and motions.
- Article 163: recess.
- Article 66: obtaining evidence; Article 223: bankruptcy cases.
Use the Russian courts directory to locate the relevant court’s official site and contact details. The directory is not a procedural filing service.
Need a position for the scheduled hearing?
Online assistance throughout Russia. Protection of creditors’ and debtors’ interests: review the motion’s grounds, evidence and upcoming procedural deadlines.
Discuss preparation