Any of us may need to go to court. This authority considers not only criminal processes, but also other cases. So, for example, if you are unhappy with the outcome of plastic surgery, your husband does not pay alimony, or your property was stolen, you can receive compensation from the offenders through the court.
Of course, if the case is complex, then winning the case on your own will not be easy, if only because you probably don’t know the laws well. To effectively protect your interests, take advantage of legal assistance.
Rules to follow while in court
So, the lawsuit you filed earlier was accepted in court (by the way, we have already told you how to draw up a lawsuit correctly). You received the appropriate summons and went to the specified address to act as a plaintiff. From the moment the designated subpoena is received, you must begin to behave in accordance with the unspoken rules established by the court.
Rules of conduct during the beginning of the process and the stage of examining evidence
Each stage of the judicial process obliges the person participating in it to follow certain behavioral norms.
- You must appear at the meeting 10 minutes before it starts. This is necessary for the court employee to check the documents that you brought with you and record that the hearing will take place without any discrepancies. At the appointed time you will be invited to the hall.
- You cannot behave frivolously in court. You do not have the right to speak first or insult the defendant. The process will begin with a question from the judge to see if you want to plead for anything.
- During the entire process, you can only address the judge with the words “Dear Court.” This rule is no longer unspoken. It is enshrined directly in the Civil Procedure Code of our country, in Article No. 158. Individuals who behave inappropriately in court may earn sanctions in the process. Therefore, adhere to this rule without fail.
- Testimony and answering questions may only be done while standing. This is how the dialogue is conducted at the hearing out of respect for the court. However, exceptions can be made to this rule when necessary, for example, for wheelchair users. However, this requires prior permission.
If citizens do not stand up to explain without being asked, then they are considered to be disrespectful towards the court. As soon as the judge asks you a question, stand up immediately and only then start speaking.
- The judge cannot be asked questions. Just as you cannot interfere while court representatives are conducting a dialogue with other participants in the process. Remember that none of them interrupted you. The only thing you are allowed to do is ask questions of your opponents or witnesses.
We remind you that in court you need to behave with restraint and not get into an altercation with the defendant. For such behavior, you will first receive a warning from the court, and if you do not calm down, then a fine.
Rules of conduct during court hearings
So, the evidence in the case has been examined, and the stage of judicial debate begins. During it, the participants in the process behave in court similarly to the rules specified in the first section. But there are other behavioral norms that require compliance.
- At this stage of the trial, no matter how your opponents behave, you no longer have the right to petition for anything. Even if additional evidence has not previously been examined, remain silent. You must behave in court according to the rules.
- Subsequent debates are conducted by representatives of the court in the sequence that they determined. When you are given the floor, you will need to briefly repeat your position regarding the matter at hand.
- Even during the debate, you can refuse the statement of claim or offer to enter into a settlement agreement. However, this must be done without interrupting anyone. If the court representatives and the defendant are talking, wait your turn.
- You have the right to make a statement after all participants in the court have spoken. However, remember that as the plaintiff, you do not have the right to speak last. But for defendants there are no such restrictions.
All these rules must be followed at this stage of the process.
Rules of conduct at the stage of making and announcing a decision by the court
After the debate is over, government officials retire to the meeting room. There, court members conduct a dialogue about whether to satisfy the plaintiff’s demands, if so, to what extent, etc.
As soon as the decision is made, it will be announced to all present participants of the meeting. Do not forget - while the content of the decision, the deadlines and methods for appealing it are announced, the court participants behave quietly.
Sometimes only the operative part of the decision is announced. It concerns the following results of the meeting:
- the claims were denied or satisfied;
- who bears certain legal expenses, etc.
If the reasoned part of the decision is not announced, it means that the participants in the process will receive a notification later. It will say when and where the judges will announce the reasoning (explaining the decision) part.
End of court hearing in a civil case
The court hearing can end in different ways. The judge may postpone it, declare a break, or suspend the proceedings. Even after the judicial debate (but before the court retires to the deliberation room), a situation may arise when it is necessary to clarify new circumstances. Then the court issues a ruling to resume consideration of the case on the merits. And new evidence is being explored.
If the judicial debate ends, the court retires to the deliberation room. To make a decision on the merits. Thus, a court hearing in a civil case ends with the announcement of a court decision in the case.
Generally accepted behavioral norms that must be observed in court
In addition to the rules outlined above, you should also take into account the simple rules of polite communication. If you want to make a positive impression on everyone involved in the process, do not forget:
- address those present as “you”;
- do not raise your voice;
- exclude profanity (sometimes you are even fined for it).
In addition, complex speech should also be abandoned. The meeting was initiated to resolve the issue, so let its participants not waste time deciphering your words.
The rules of conduct that must be followed while at trial are not that numerous. It's easy to remember them. If you forget everything out of fear or excitement, the main thing is to be polite. The judge will tell you the rest if anything happens.
Sources:
Civil Procedure Code of the Russian Federation, Article 158. Procedure at a court hearing
Arbitration Court of the Novosibirsk Region: rules of behavior in the courthouse
Court of General Jurisdiction of the City of Moscow: rules of behavior in the courthouse
How does a court hearing in a civil case work?
As a general rule, a civil case must be considered within 2 months from the receipt of materials in court, and cases regarding reinstatement at work, collection of alimony, demolition of unauthorized buildings - within 1 month. Like any case before a magistrate. In fact, it is rare that the court makes a decision in the first court hearing. It is usually delayed. For example, to request evidence. Proceedings may be suspended for examination in civil cases, etc.
When the judge enters, everyone present stands up. While standing, explanations and explanations are given and questions are asked to other persons. The case is being conducted by a judge, so even for those unfamiliar with the rules of the trial, if they pay close attention to the words of the judge, everything will be clear. The judge should be addressed as “Dear Court.”
First, the judge declares the hearing open. The secretary reports the attendance of persons and the reasons for non-appearance. Then he announces the composition of the court and asks about the existence of grounds for challenging the judge, secretary or other persons. The judge then explains the rights and responsibilities of the persons involved in the case. And examines the direction and receipt of judicial notices to those persons who did not appear at the trial. If applications to consider the case in the absence of such persons were not received.
⏰ When to come
The bottom line. You need to come to court in advance, 30 minutes before, and not close to the time specified in the summons:
- Firstly, you will first have to go through the checkpoints at the entrance, present documents, and taking into account other visitors who have come, a queue may form.
- Secondly, answer the bailiff’s question where you are going.
By the way, in order not to frantically look for the summons, which indicates the name of the judge and the number of the courtroom, and not to detain other visitors, it is recommended to remember this information or put the summons so that it can be quickly retrieved.
While waiting for the meeting to begin, you need to behave calmly, not make noise and wait for the start in the public area near the specific meeting room.
If the hearing is not scheduled for early morning, be prepared for a late start as the previous hearing may be delayed. But the hearings will not begin before the appointed time - this is prohibited, even if all participants in the process have already appeared.
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Proof
Procedural legislation establishes that the court makes a decision based on the evidence submitted, and is not authorized to conduct inspections or collect documents. Therefore, the burden of proof falls on the shoulders of the participants in the process. To ensure that each party can fully present and defend its evidence, the adversarial principle is provided. This means that the plaintiff and defendant not only state their legal demands and comments, but also document them.
It is additionally provided that it is the applicant who is obliged to take an active part in the evidentiary procedure, since he himself initiated the resolution of the conflict. The defendant only counters the claims made. In the event that the applicant cannot or does not want to actively defend his position by evidence, he will face the following consequences:
- According to Art. 70 of the Arbitration Procedure Code, the plaintiff is obliged to challenge the facts put forward by the defendant. If this is not done, then the evidence is considered accepted, and therefore may affect the outcome of the dispute. In this regard, it is advisable for the applicant to respond to the defendant’s objections, otherwise there is a risk of losing the case. This also applies to written statements.
- The law establishes that when filing a statement of claim, the applicant must document every word of the statement. If this is not done, there is a high probability that consideration of the claim will be refused.
- All evidence must be submitted during the consideration of the conflict by the court of first instance. If the evidence was not presented at first instance, it will be difficult to submit it at the stage of appealing the first decision. If the appeal proceeds to appeal, it is up to the appellate judge whether evidence can be presented. As for the supervisory and cassation authorities, it is impossible to reinforce evidence that was not used earlier.
Moreover, the final outcome of the dispute largely depends on the evidentiary procedure.
Therefore, the plaintiff must take into account a number of essential rules:
- Brevity is the soul of wit. At each meeting, the court gives the participant the opportunity to express his position, so it is necessary to prepare his speech in advance. The most important thing here is not to re-read procedural documents, but to highlight important points . Brevity will allow the court to immediately draw attention to the essential points. If the speech contains references to documentary evidence, it is necessary to immediately indicate to the court the page of the case where the required document is located. The speaking time is not limited, so the participant can read out documents for a long time, but concentration will be lost. The most important thing is to pay attention to the essential points.
- The absence of provocative questions, that is, the applicant should not become the basis of the conflict, otherwise you can completely destroy your authority in the eyes of the court. After the plaintiff finishes his speech, the floor is given to the defendant. After this, the plaintiff can again clarify the information, that is, he can counter the defendant’s words. The advantage of this procedure is the elimination of disputes and verbal skirmishes, each participant gets the opportunity to speak out and defend their position. Preparing notes along the way to resolve the dispute will help you build a defense correctly.
How to behave as a witness in court
If you are to become a participant in a trial as a witness, it is recommended that you consider observing a number of important rules:
- The witness must be personally present at the hearing.
- You cannot be late; it is important to arrive at the meeting place in advance.
- The witness is obliged to provide truthful testimony to the court in the context of the case under consideration. The law provides for criminal liability for false testimony. Each witness is informed about this in advance by the court.
- It is recommended to prepare your speech before the court on paper in advance. This will help you not miss anything important.
Participant in the trial
What rules apply to court participants - step-by-step instructions
An experienced lawyer will help you prepare competently for the trial. He will explain all the actions in the courtroom step by step.
Step 1
Maintain public order.
A violator of behavioral norms in the courtroom faces removal from the trial and a fine.
Step 2
The court must be greeted standing. It is also required to speak at a meeting while standing.
Participants in the process and everyone present at the meeting stand when the panel of judges enters and exits the courtroom
Step 3
Take your passport with you. Without a passport, you will not be registered at the trial and will not be allowed to participate in the process. A document equivalent to it will also do.
Take your passport with you
Step 4
It is not allowed to leave the courtroom after registration of participants in the process.
Compliance with the regulations will help to achieve a positive result
Step 5
It is permissible to make comments and express your opinion only after the judge gives you the floor.
Be mutually polite
Step 6
During the meeting, it is not permitted to use telephones, cameras, video cameras, voice recorders or other technical means.
Participants in the process are interested in maintaining order in the courtroom
Step 7
Appeal to the court in accordance with legally established standards.
Knowledge of the legislative framework will help you comply with the requirements.
