According to the provisions of Article 132nd of the Civil Procedure Law, the hearing may be postponed under any of the following circumstances:
(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court.
In civil litigation, the parties who must appear in court refer to the parties who can correctly express their will in divorce cases and the defendants who have the obligation to support, support and support but cannot find out the case without appearing in court. Other participants who must appear in court generally refer to, for example, other participants who cannot find out the case or even hold a trial without appearing in court, such as legal representatives of minors who have caused damage to the state, the collective or others, witnesses who know the important situation of the case, and translators who are indispensable for the trial.
(2) The party concerned temporarily applies for withdrawal;
According to the provisions of the Civil Procedure Law, the person applying for withdrawal shall suspend his participation in the case before the people's court makes a decision on withdrawal. If the person applying for withdrawal does not participate in the work of this case, the trial of the case may be postponed for a period of time.
(3) The party concerned notifies a new witness to appear in court, obtains new evidence, re-authenticates, conducts an inquest, or needs supplementary investigation;
During the trial, when the parties find new important witnesses and new evidence clues, they can apply for an extension of the trial to collect and investigate new evidence and notify the new witnesses to testify in court. If the parties and their legal representatives think that re-appraisal and inquest are needed, or the existing evidence is unclear and insufficient, and supplementary investigation is needed, they may apply for an adjournment.
(4) Other circumstances that should be postponed.
This is a general rule. According to the specific circumstances, the parties consider it necessary to postpone the trial in order to prepare sufficient information to participate in the proceedings and submit it to the people's court. If one party changes or increases the claim in the course of litigation, the other party thinks it is necessary to collect evidence for the changed or increased claim and prepare for responding to the lawsuit, and one party is detained in the course of litigation because of obstruction of civil litigation and cannot continue the trial on time. He can apply for an adjournment.
In judicial practice, it is an important content to find out whether it is necessary to postpone the trial. Before the court session, the clerk shall find out whether the parties and other participants in the proceedings are present. If the parties or other participants in the proceedings are unable to appear in court, they shall report the situation to the presiding judge in time, and the collegial panel shall decide whether it is necessary to postpone the hearing or suspend the proceedings. If it decides to postpone the trial, it shall promptly notify the parties and other participants in the proceedings. If it decides to suspend the lawsuit, it shall make a written ruling and send it to the parties. If the plaintiff refuses to appear in court without justifiable reasons after being summoned, the prosecution may be dismissed; If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, he may make a judgment by default.
It is a litigation right of the parties to apply for an adjournment. By submitting an application for adjournment, the parties and their legal representatives can make the court postpone the opening date, so as to have enough time to collect evidence, support their own claims, oppose the other party's change or increase of claims, balance the litigation rights between the parties, and equally protect the legitimate rights and interests of the parties. At the same time, it can also provide more detailed evidence for this case, which is conducive to the people's court to distinguish right from wrong, correctly identify the facts of the case and make a fair judgment.