Procedure for holding a court hearing: assistance of a lawyer

About court hearings, i.e. hearings in courts, almost every person has heard: someone constantly participates in them, and someone watches various shows on TV or films with moments of trials. How meetings on codes should take place will be discussed in this article.

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How does the preliminary hearing work?

The preliminary hearing under the Code of Civil Procedure of the Russian Federation takes place in the following order:

The judge opens the preliminary hearing and announces the composition of the court and the secretary of the court session
After this, the judge speaks about the name of the case on which the hearing is taking place.
The judge establishes the identities of the persons who appeared at the hearing
Next, the judge explains to the participating persons their rights, as well as the right to challenge the judge and the secretary. At this stage, persons have the right to file a petition or challenge to the judge or secretary
If participants in the process make motions, they are resolved by the court, including removal to the deliberation room, and the announcement of the court ruling
Further, the court at the preliminary hearing may clarify the circumstances of the case, the parties may give explanations on the case, and additional evidence on the case may be presented. The judge can find out from the parties whether there is a possibility of their reconciliation. At the end, the judge asks the parties whether it is possible to complete the preliminary hearing and schedule a trial on the merits.
After all petitions have been resolved and the circumstances of the case have been clarified, the court either postpones the preliminary hearing or schedules a hearing on the merits of the case. Persons are explained the right to familiarize themselves with the minutes of the meeting and bring comments to them

At a preliminary hearing, the proceedings in the case may be suspended, terminated, or the application left without consideration, or the issue of transferring the case to another court with jurisdiction may be resolved, and the defendant’s objections about the plaintiff’s missing the statute of limitations may be considered.

The preliminary hearing under the Arbitration Procedure Code of the Russian Federation is held in the same way as under the Code of Civil Procedure of the Russian Federation.

In addition, according to the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation, the judge, with the consent of the participants, can complete the preliminary hearing and open the court hearing in the first instance.

The preliminary hearing under the Code of Criminal Procedure of the Russian Federation is held in a closed session with the participation of the parties and consists of the following:

The judge opens the meeting and announces what case is being considered and in what composition of the court, as well as with which secretary of the meeting and with the participation of which prosecutor and defense lawyer the meeting is being held
Next, the judge identifies the persons who participate in the preliminary hearing, namely, the accused and the victim
After this, the judge explains the rights to the persons participating in the preliminary hearing.
At the preliminary hearing, motions may be submitted, which, after ascertaining the opinions of other participants in the process, are subject to resolution by the court.
Based on the results of the preliminary hearing, the case may be sent to jurisdiction, returned to the prosecutor, the proceedings on the case are suspended or terminated, a meeting is scheduled

Official website of the Supreme Court of the Russian Federation

The Code of Criminal Procedure does not contain provisions allowing for an arbitrary, unfounded refusal to satisfy the request of a participant in a court session for his personal participation in the consideration of the case, and the presence of lawyers does not replace the right of a convicted person to personal participation in the process, explains the Supreme Court (SC) of the Russian Federation.

The crux of the matter

The Supreme Court of the Russian Federation considered the complaint of a person convicted of driving a car while intoxicated, having been subjected to administrative punishment for failure to comply with the legal requirement of an authorized official to undergo a medical examination for intoxication. The appellate court subsequently overturned the verdict and returned the case to the prosecutor to remove obstacles to its consideration by the court. However, the cassation court overturned the decision and referred the case for a new trial to the regional court by a different panel.

The convict and his defense expressed disagreement with the cassation ruling, in particular, pointing out that it was decided in the absence of the accused, who, for good reason, could not participate in the court hearing, providing documents to justify his failure to appear, and in the submitted petition insisted on personal participation .

Position of the Armed Forces

The panel of judges believes that the court of cassation committed significant violations of the criminal procedural law when considering this criminal case, which affected the provision of the procedural rights of the convicted person:

— the provisions of Articles 16 and 47 of the Code of Criminal Procedure of the Russian Federation provide for the need to ensure the accused the right to defense, which he can exercise personally or with the help of a defense lawyer;

— the right of the accused to personally carry out his defense, realized through his participation in the trial, is ensured by the court (paragraph 4 of the resolution of the Plenum of the Supreme Court of June 30, 2015 No. 29).

- for each complaint or presentation that is submitted to the cassation court, the requirements of Part 2 of Article 401.13 of the Code of Criminal Procedure of the Russian Federation must be met, according to which the persons specified in Part 1 of Article 401.2 of the Code of Criminal Procedure of the Russian Federation participate in the court hearing, subject to their filing a petition to this effect ( clause 14 of the resolution of the Plenum of the Supreme Court of June 25, 2021 No. 19);

At the same time, according to the legal position of the Constitutional Court of the Russian Federation, Part 2 of Article 401.12 of the Code of Criminal Procedure does not contain provisions allowing for an arbitrary, unfounded refusal to satisfy the petition of a participant in a court session for his personal participation in the consideration of the case (determination dated September 25, 2014 No. 1924-0).

Meanwhile, from the materials of the criminal case it follows that the accused submitted a statement to the cassation court in which he stated a request not to consider the cassation presentation in his absence, and the court first agreed to meet him and postponed the hearing. However, the defendant was unable to appear at the next trial due to health reasons, and therefore he submitted medical documents and a new petition to the court, in which he also insisted on his personal participation in the court hearing of the cassation court.

However, from the record of the court session of the court of cassation it follows that the judicial panel refused to satisfy the petition due to the fact that the accused was duly notified of the date, time and place of the court hearing; it does not follow from the medical documents presented by him that the existing disease prevents him from personal participation.

According to the Supreme Court, the cassation court did not properly assess the reasons for the defendant’s failure to appear at the court hearing, which, according to the submitted certificate stating that he had a high fever and a diagnosis of acute bronchitis, were valid.

In addition, the judicial panel indicated that the defendant’s right to participate in the court hearing is exercised through the participation of his three defense attorneys in court, but the cassation court did not take into account that the presence of lawyers does not replace the right of the convicted person to his personal participation in the court session, notes Sun.

The foregoing indicates that the cassation court, having refused to satisfy the petition, deprived the accused of the right to personal participation in the trial, did not provide him with the opportunity to bring to the attention of the court his position regarding all aspects of the case under consideration, thereby violating the right of the convicted person to defense, in connection with which the cassation ruling is subject to cancellation, and the criminal case is subject to referral for a new cassation hearing.

How does the main trial proceed in the court of first instance?

According to the Code of Civil Procedure of the Russian Federation, the main meeting takes place in the following order:

The judge opens the meeting, announces the composition, establishes the identities of the participants who have appeared, explains the rights to the participants in the process, the participants have the right to file petitions, which the court is obliged to resolve
After this, the court gets to the point, so to speak, and the parties in turn are given the right to present their explanations on the merits of the dispute. After each side speaks, the other side has the right to ask questions to its opponent, and questions can also be asked by the court
After giving explanations, the court examines the evidence in the case: the case materials are examined, witnesses and specialists are questioned if necessary
Participants in the process are invited to make additions. If there are no additions, the court proceeds to judicial debate.
During the judicial debate, the participants in the process have the opportunity to once again come forward with their explanations, additions, and draw the court’s attention to some points
After the debate, participants are invited to make remarks, after which the court retires to the deliberation room to make a decision on the case.

according to the Arbitration Procedure Code of the Russian Federation, the main meeting takes place in the same way as under the Code of Civil Procedure of the Russian Federation , but in an accelerated mode, because the court, as a rule, does not explain any rights, does not examine the case materials, and is limited only to hearing the parties’ speeches, debates and remarks, after which it retires to the deliberative chamber room. In some cases, the court may question witnesses and specialists

According to the Code of Criminal Procedure of the Russian Federation, a judicial investigation can be completed quickly , without examining evidence under a special procedure, or last a very long time (not a single day) when the process proceeds in the general order. The stages of the main meeting are as follows:

The presiding judge opens the meeting, speaks about what case is being considered and in what composition, with which secretary and with the participation of which prosecutor and defense lawyer
The identity of the defendant and the victim is established
The right to challenge is explained, as well as the rights of the defendant and the victim.
The following determines the procedure for examining evidence in the case.
The prosecutor announces the indictment
The defendant, the victim, and witnesses are interrogated
Case materials and physical evidence are examined
After examining all the evidence, the issue of completing the judicial investigation and moving on to judicial debate is decided.
The participants in the process speak in court debates, and then with remarks
The defendant has the last word
The presiding officer retires to the deliberation room to pronounce the verdict.

INTERESTING : how to postpone your court hearing, read on our website

The Constitutional Court clarified when a judicial representative does not need legal qualifications

The Constitutional Court issued a ruling on the complaint of the company and its executive director against the ban on participating in the case as a judicial representative. The reason was his lack of legal education. The court decided that only one of the judicial representatives must be a qualified lawyer.

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After considering the tax dispute in the arbitration court of first instance and appealing, Alexandra LLC filed a cassation appeal. The cassation instance - the Arbitration Court of the Far Eastern District - refused to allow Konstantin Budarin to participate in the court hearing as a representative of Alexandra LLC. At the same time, the court referred to the fact that Budarin is not a person who performs the functions of a sole executive body and has the powers of representation due to this, and cannot act as a legal representative of the plaintiff due to the lack of legal education. At the same time, Alexandra LLC indicated that Budarin is the co-founder and executive director of the company, therefore he deeply knows the specifics of its activities. In addition, two qualified lawyers participated in the process on Alexandra’s side. The company also indicated that the courts of first and appellate instances did not object to Budarin’s participation in the proceedings.

Alexandra LLC and Konstantin Budarin believe that Part 4 of Art. 59, part 4 art. 61 and part 4 of Art. 63 of the Arbitration Procedural Code contradict the Constitution, since they do not allow the founder and head of an LLC to represent his interests in an arbitration court in the absence of legal formation.

The Constitutional Court noted that Budarin is not a participant in the case against which he filed a complaint, but is considered a proper applicant, since Alexandra LLC is involved in the case, and this also affects the interests of his co-founder.

The court noted that the Constitution guarantees everyone the right to defend their rights and freedoms by all means not prohibited by law, including in court. The Institute of Judicial Representation is also intended to guarantee the right to judicial protection and provide interested parties with qualified legal assistance.

At the same time, the right to judicial protection does not imply an arbitrary choice of its methods and procedures, and the right to independently choose a representative for judicial proceedings does not allow any person to become such. The legislator has the right to establish criteria for the selection of judicial representatives, although he must not violate the right to judicial protection.

Previously, the Constitutional Court has repeatedly indicated that the requirements for a judicial representative to have a higher legal education or an academic degree in jurisprudence do not violate the constitutional rights of participants in the process, since they have the opportunity to represent their interests independently. This is true in the general case, but does not fully reflect the specifics of business activity and related court cases.

Since organizations, unlike citizens, by their nature cannot defend their interests in court without the participation of representatives, all Russian legal codes allow the heads of organizations to perform this role even in the absence of legal education.

Provisions of Art. 59, 61 and 63 of the APC, which the applicants dispute, are established in the current version of the Federal Law of November 28, 2021 No. 451-FZ. By introducing these norms, the state sought to strengthen the legal protection of subjects of law and guarantee that a participant in the case would have a qualified representative in the arbitration court.

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At the same time, these norms do not limit the right of participants in the case to have several representatives, the Constitutional Court emphasized. A situation in which one of the representatives of a party has legal qualifications, and the other or others have practical knowledge of the activities of the organization and can provide the court with valuable information about it, meets the requirements of procedural efficiency. The requirement for at least one judicial representative to have a higher legal education or an academic degree in jurisprudence does not apply to other representatives.

The variety of arbitration disputes means that even the most experienced lawyer cannot be completely competent in all of them, the Constitutional Court emphasized. In many cases, the necessary qualifications are provided not by legal education, but by another education, as well as specific acquaintance with the relevant field of activity. In such cases, representatives of the organization that is involved in the legal dispute are no less useful than professional lawyers. In addition, it is impossible or difficult to involve members of an organization in a dispute with its participation as witnesses or specialists due to their interest in the case.

In this case, Alexandra LLC reasonably considered that the tax dispute concerned not only purely legal issues, and tried to involve Konstantin Budarin, who has valuable knowledge in accounting, in the legal proceedings. His participation in the case could in no way reduce the equality and competitiveness of the parties, since the interests of the company were also protected by professional lawyers, the Constitutional Court noted. Therefore, the refusal of the Far Eastern District AS to allow Budarin to participate as a representative of “Alexandra” is unfounded.

The Constitutional Court came to the conclusion that, in its legal meaning, Part 4 of Art. 59, part 4 art. 61 and part 4 of Art. 63 of the APC do not imply a ban on conducting a case in an arbitration court for a person associated with an organization participating in the process, if he does not have a legal education, if at the same time the interests of the organization are represented by lawyers or other qualified persons. These norms do not contradict the Constitution.

Their application in relation to Alexandra LLC and Konstantin Budarin is unlawful and is subject to review.

Pravo.ru

constitutional Court

How does a court hearing proceed at a higher authority?

In higher authorities, court hearings are conducted by analogy with the court of first instance with their exceptions in an accelerated mode, namely: the participants in the process speak on the arguments of their complaint and objections to the complaint, they can make additions, after which the court leaves to make a decision on the case. Often participants in the process are limited in time to speak. That is, in a higher instance the court does not examine everything thoroughly and considers the case taking into account the filed complaint.

At a court hearing of a higher authority, there is a rapporteur judge who briefly outlines the essence of the case and the complaint filed and objections to it.

ATTENTION: watch video arbitration disputes, and also read about the procedure for considering a case in a court of second instance using the link on the website

The concept and significance of the trial stage

The trial is intended to consider and resolve a civil case on its merits and occupies a central place among other stages of the civil process, since it is at this stage that the goals and objectives common to civil proceedings are carried out.

The importance of the trial stage

The trial is the main stage of the process. It is at this stage of the trial:
the main task of justice is solved - the correct and timely consideration and resolution of the case (other stages only ensure the solution of this problem);
The vast majority of civil cases are considered and resolved.
Based on the results of the court’s activities at this stage, the population assesses the state of legality in justice (due to the principle of transparency).

The stage of the process under consideration differs from others not only in its specific goals, but also in its subject composition, object and content. The main participant in the process is the court of first instance (magistrate). Its activities are aimed at considering and resolving disputes about the law between the parties to the case.

At this stage, such participants in the process appear who, as a rule, are not present at other stages - witnesses, experts, specialists.

When considering a case, the court of first instance must:

clearly understand the essence of the plaintiff’s demands and the defendant’s objections;
directly examine the evidence;
establish the factual circumstances of the case;
find out the rights and obligations of the parties, the interests of applicants protected by law.

The trial stage ends, as a rule, with a decision being made on behalf of the Russian Federation. When resolving a case, the court is obliged to make a lawful and justified judicial decision that protects the rights and legally protected interests of citizens and legal entities.

Where are court hearings on the case?

According to the rules, all court hearings in cases must take place in courtrooms.

However, in courts of general jurisdiction there are cases when there are not enough halls, and hearings can be held in judges' offices.

In addition, in some cases, on-site meetings may be held, i.e. outside the courthouse. Most often, such meetings are held at the location where most of the evidence is located. Also, on-site meetings are held if it is necessary to inspect the scene of an incident or the location, for example, of the location of the boundaries of two land plots. In this case, the judge, together with all participants in the process, go to the place, carry out an inspection and return to the court premises, where the case is resolved on the merits and a decision is made in the deliberation room.

In addition, participants can participate in the process using video conferencing systems.

Currently, arbitration courts hold online meetings, when participants in the process can be in their offices at their workplaces and even at home, if they have the technical ability to participate in such meetings.

Commentary on Article 158 of the Code of Civil Procedure of the Russian Federation

1. The court hearing must take place in a businesslike, cultural environment that provides conditions for a comprehensive and complete examination of the circumstances of the case, and ultimately, the adoption of a lawful and justified decision. An open (public) trial, observance of judicial ritual, skillful and tactful management of the presiding court proceedings influence the formation of a respectful attitude towards the court and the law, ensures the educational value of the trial, and contributes to the prevention of offenses (Article 2 of the Code of Civil Procedure of the Russian Federation).

2. The responsibility for maintaining proper order at a court hearing is assigned to the presiding officer at the court hearing (Article 156 of the Code of Civil Procedure of the Russian Federation). Order in a court hearing is achieved through strict compliance by all participants in the process with the procedural rules of the trial provided for by law. No less important for the organization of the trial is the nature of the relationship between the participants in the process, including the court. In this regard, a novelty in civil procedural legislation is the enshrinement in law of the form of addressing judges “Dear Court!” Giving the norms of judicial ethics a procedural character indicates a special position in the process of representatives of the judiciary acting on behalf of the state.

The following rules for conducting a court session are aimed at developing a respectful attitude towards the court: when judges enter the courtroom, everyone present in the courtroom stands up; The announcement of the court decision and the court ruling, which ends the case without making a decision (Articles 220 and 222 of the Code of Civil Procedure of the Russian Federation), is heard by all those present in the courtroom while standing. Standing participants in the trial give testimony and explanations. Under certain circumstances, the court, at its discretion, may allow deviations from these rules, for example, in the event of illness of one of the participants in the process.

3. The trial must take place in conditions that ensure the safety of the participants in the process. In accordance with Federal Law dated July 21, 1997 N 118-FZ “On Bailiffs” (as amended on December 6, 2011), the tasks of ensuring the established procedure for the activities of courts are assigned to bailiffs.

4. According to Art. 10 of the Code of Civil Procedure of the Russian Federation, in an open court session, photography, video recording, and broadcast of the court session on television and radio are allowed. Norms part 4 art. 158 Code of Civil Procedure of the Russian Federation supplements Art. 10 of the Code of Civil Procedure of the Russian Federation indicating the inadmissibility of violating the proper order in a court hearing and establishing restrictions on the use of these technical means, for example, actions must be carried out at specified places that do not interfere with the normal course of the process, or they may be limited in time.

5. Compliance with the established order in a court hearing is the responsibility of the participants in the process and all citizens present in the courtroom, ensured by the application of appropriate sanctions (Article 159 of the Code of Civil Procedure of the Russian Federation).

How many court hearings take place before a decision is made?

It is impossible to give a clear answer to the question of how many court hearings are held before a decision is made. The number of meetings depends on the complexity of the case, on the appearance of the parties, on the appointment of examinations, on the filing of motions for adjournment, etc. Sometimes, at each hearing, participants in the process provide more and more new documents and evidence, which the judge needs time to familiarize himself with, so the hearings are postponed.

In addition, the plaintiff may clarify the requirements, the defendant may file a counterclaim, which entails the postponement of the case.

Thus, in some cases one meeting is enough, but in others 10 meetings are not enough, especially in large criminal cases. Some cases are pending before judges for years, resulting in a large number of court hearings.

Opportunities for a representative in court

A representative person carries out any actions within the framework of the legal process on behalf of his client. However, arbitration procedural legislation separately identifies a list of those actions, the implementation of which requires direct regulation in a document giving the right to defend the interests of the client in court:

signing and withdrawal of the statement of claim, as well as an application for securing claims;
transfer of the case to arbitration;
recognition of claims, as well as full or partial; waiver of previously stated claims;
change in the subject of the claim or its grounds;
conclusion of a settlement agreement between the parties to the process.

As a rule, to obtain the right to act in court on behalf of a client, it is sufficient to issue a power of attorney. In addition, the representative is required to present documentation confirming that he has the appropriate qualifications (higher legal education and academic degree in a legal discipline).

It is important that this rule does not affect lawyers who are professionally engaged in the practice of law; in order to participate in a meeting as a representative, they only need to provide a lawyer’s certificate. Their powers are guaranteed by a special warrant issued by the legal profession.

The competence of the heads of organizations must be supported by documentation confirming their status and the fact that they are vested with the appropriate powers.

The powers of the legal representatives of minors in the judicial process are also confirmed by the presentation of relevant documents. Thus, to protect the interests of a minor in court, parents must provide the child’s birth certificate.

How to find out the result of a court hearing if you are not present at the trial?

USEFUL : also read how to find out at what stage your case is in court by following the link on our website of AB “Katsailidi and Partners”

If a person was absent during the process, then you can find out the result in several ways:

call the secretary or assistant referee and clarify the result
go to the court’s website and see information about the results of the case. In courts of general jurisdiction, information is first simply reflected on whether the claim is satisfied or not, and on the websites of arbitration courts you can view the operative part of the decision the next day. The system of arbitration courts is more open than the system of courts of general jurisdiction
information about the results of consideration of individual cases is posted in the news feed of individual courts
The longest option to find out the result is to wait for the judicial act, which the court will send independently, or at the request of the participant to send the act by mail or e-mail

In criminal cases, information may not be provided by telephone, as well as in cases with closed trials, only if there was an agreement in advance, for example, with the secretary.

If you have any questions, be sure to call or write to our lawyer at the Law Office “Katsailidi and Partners” in Yekaterinburg.

Requirements for a citizen's representative in court

Both a qualified lawyer (advocate) and another person providing legal assistance services can represent the interests of a person in an arbitration court if the following criteria are met:

having completed higher education in the specialty of jurisprudence;
availability of a confirmed scientific degree in one of the legal disciplines.

Separately, the law stipulates the circle of persons who cannot represent individuals and legal entities in the arbitration process:

current Federal judges and associate judges;
investigators;
arbitration assessors;
prosecutors;
persons working in the judiciary.

The above persons can act in court proceedings only as representatives of the relevant government bodies.

PROSECUTOR EXPLAINS: Participation of the prosecutor in civil proceedings

February 3, 2021

PROSECUTOR EXPLAINS: Participation of the prosecutor in civil proceedings

The goals of the prosecutor's participation in civil proceedings are to protect the rights and freedoms of citizens, an indefinite number of persons, and public entities; strengthening the rule of law; ensuring the rule of law; ensuring the legality of the actions of participants in legal proceedings; ensuring the correctness of court decisions; assistance to the court in the administration of justice.

From paragraph 1 of Article 23 and paragraph 1 of Article 35 of the Law on the Prosecutor's Office it follows that the prosecutor goes to court and participates in the consideration of cases in cases and in the manner provided for by the procedural legislation of the Russian Federation.

Based on Article 34 of the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Civil Procedure Code of the Russian Federation), the prosecutor in civil proceedings is a person participating in the case.

The prosecutor has the right to apply to the court or intervene in the case at any stage of the process if required by the protection of the rights of citizens and the legally protected interests of society or the state (clause 3 of Article 35 of the Law on the Prosecutor's Office).

Thus, the prosecutor in civil proceedings acts in two forms: as a plaintiff when filing a claim (application) and to give an opinion on cases of the mandatory category (reinstatement, eviction, compensation for moral damage and in other cases provided for by law).

It is necessary to dwell on the powers of the prosecutor in civil proceedings when filing a claim (application) in court.

In accordance with Article 45 of the Code of Civil Procedure of the Russian Federation, the prosecutor has the right to apply to the court with a statement in defense of the rights, freedoms and legitimate interests of citizens, an indefinite number of persons or the interests of the Russian Federation, constituent entities of the Russian Federation, and municipalities.

An application in defense of the rights, freedoms and legitimate interests of a citizen can be filed by a prosecutor only if the citizen, due to health reasons, age, incapacity and other valid reasons, cannot go to court himself.

This restriction does not apply to the statement of the prosecutor, the basis for which is the appeal of citizens to him for the protection of violated or contested social rights, freedoms and legitimate interests in the field of labor (official) relations and other relations directly related to them; protection of family, motherhood, paternity and childhood; social protection, including social security; ensuring the right to housing in state and municipal housing stocks; health protection, including medical care; ensuring the right to a favorable environment; education.

It follows from the above that the prosecutor does not in all cases have procedural powers to go to court in the interests of a citizen. Often, based on the results of the prosecutor's audit, there are no legal (material) grounds for filing a complaint with the court.

Meanwhile, the prosecutor who filed the application enjoys all procedural rights and bears all the procedural obligations of the plaintiff, with the exception of the right to conclude a settlement agreement and the obligation to pay court costs.

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How is the court hearing going?

People who are faced with a lawsuit for the first time are often afraid to go to court. And it’s not surprising: the court is a place where a protracted conflict is resolved, where the parties are usually hostile to each other, and the judges are often not very friendly. There you need to defend your position, answer unpleasant questions and ask them yourself. But what scares people most is not even this, but the fact that they simply do not know what a real trial looks like, do not understand what awaits them and are afraid of looking stupid. And some, on the contrary, idealize everything, having watched enough American films and the TV show “Judgment is Coming,” where everything is very far from reality. In order to dispel fears and myths a little, I will still try to describe a court hearing in a civil case in an ordinary district court of an ordinary Russian city.

First, a little about the situation in the courtroom.

As a rule, it is quite everyday. Judges are ordinary people. The same as on the street, only in robes (and not always). They have neither horns, nor hooves, nor, on the contrary, a halo above their heads. Due to their heavy workload, they are not always (oh horror!) very familiar with the legislation on the topic, especially if the case is not typical for them. And yet, they usually try to resolve the dispute in accordance with the law and established practice. Cases of obvious bias of judges or corruption in courts in ordinary civil cases are quite rare, contrary to the well-known stereotype. It is possible to achieve truth in court. Especially if you have good evidence on hand. District courtrooms usually have cheap furniture. In some places it’s new, and in others it’s quite well-deserved. Not everywhere there are tables for representatives of the parties, and participants in the process are often forced to lay out their thick folders with documents directly on the benches for visitors, and write on their knees. And although we lawyers go to court as if it were work, we assure you that we are not used to this the first time. In court, you can use a voice recorder without the court’s permission; with the permission of the court and the parties, you can use video and photography.

Rules of conduct in court.

In accordance with our procedural law, you should talk to the judge while standing, unless you are disabled and have not asked permission to answer the judge’s questions while sitting due to poor health. You must address the judge with the words “Dear Court!”, and not by your first name and patronymic and not “your honor,” as in American cinema. When entering the judge's room and hearing the decision, you must stand up. In theory, you can’t ask questions to the judge. But if you really need to ask, then you should at least apologize in advance.

So, you have come to court and are standing outside the courtroom door.

It’s worth stopping by your judge’s secretary’s office (this office is usually nearby) and announcing your arrival. And then there were funny cases when a person spent the entire meeting in the corridor, afraid to remind himself, and the judge considered him absent. It is also important not to miss the moment when the secretary goes out into the corridor and asks which party has appeared on such and such a case. The meeting does not always start on time. Due to delays in processing previous cases, you may have to wait quite a long time. Sometimes not even for one hour. You need to remember this when planning your day, and don’t be nervous in vain.

Well, you've finally been invited.

You need to hand over your passport to the secretary. Using passports and powers of attorney, the judge checks the appearance: finds out which of the participants in the process is absent and whether everyone has been properly notified of the date and time of the hearing. Sometimes it all ends there: the judge will not proceed further with the trial if one of the absentees is not notified. However, this hearing is considered to have taken place and you can subsequently claim for reimbursement your expenses for appearing at the court hearing if you came from another locality, if the case is decided in your favor, so keep your travel documents. After the judge decides that the hearing can be held, he explains to the parties their procedural rights (i.e., quickly reads the relevant article of the Code of Civil Procedure) and finds out whether the rights are clear to the parties. You must answer that you understand, or clarify if you didn’t hear something. It must be taken into account that judges approach this procedure formally; they, as a rule, are not inclined to explain in detail and thoroughly to citizens the various provisions of the Code of Civil Procedure, although at this stage they are theoretically obliged to do this.

The meeting begins.

Next, the judge removes the witnesses from the courtroom (otherwise they will not be able to testify later) and asks whether the parties trust the court and the secretary. You must answer that you trust, even if you don’t. If you do not trust so much that you are ready to seek a replacement of the judge or secretary, then you must not only report the lack of confidence, but also challenge the judge. It’s worth writing about recusals separately, but here I’ll briefly say that requests for recusal are granted extremely rarely and only for very compelling reasons (family, official or close relationships with one of the parties, evidence of interest in the outcome of the case, etc.). A conversation between the judge and the lawyer of the other side before the start of the hearing, which you accidentally spied, is unlikely to be regarded as a sufficiently compelling reason. In short, if you are not a lawyer and come to court without a lawyer, then it is better to nod that you trust the court.

The court then briefly ascertains whether the plaintiff supports his claims and whether the defendant admits them. Usually the plaintiff supports, but the defendant does not admit in whole or in part. And only then does the formal part of the process end and consideration on the merits begins.

Let's move on to the legal dispute.

First, the judge asks if the parties have any motions . Petitions are requests to the court. Usually they relate to some issues related to the order or substance of the process. For example, about postponing a meeting, attaching documents, requesting any evidence, or questioning witnesses. Here, among other things, you can submit a request to answer while sitting if you feel unwell. Petitions that are difficult to resolve without delving into the essence of the dispute may be proposed by the court to be filed later, after the demands and objections have been announced. However, it is still worth notifying the court of their presence immediately. If you don’t realize in time that you have petitions, it’s okay. Even if you submit them at the wrong time, they will still be considered, although the judge will not be happy with you. The other party has the right to object to your motions.

A refusal to satisfy a petition, contrary to popular belief, does not always mean that the judge is against you. Sometimes it happens quite the opposite: judges satisfy all requests of the party against whom they are going to make a decision, in order to reduce the risk of appealing and overturning it. Judges almost always grant requests to include documents: it is easier to collect all available evidence in a case and only then evaluate it, than to decide in advance what is relevant to the case and what is not. However, all this is individual.

After the motions stage is completed, the plaintiff is given the floor . He must once again voice his demands and their reasons. If you do not have at least minimal public speaking skills, you can simply read your claim. But it is better, of course, to state the contents of the statement of claim briefly, clearly and succinctly, so that other participants in the process do not get tired of listening to you in advance.

After the essence of the demands has been announced, you (if you are a plaintiff) will be asked questions . First the judge, then the defendant, and then other participants in the process, for example, the prosecutor or third parties, if they are involved in the case. The question stage is the least formal and most complex. Here you really need to navigate the matter, understand which answer is useful to you and which is harmful, quickly find a good option, and be convincing. If the position on the case is rather weak, then it is better to first consult with a lawyer about what questions you may be asked and how to answer them without harming yourself.

By the way, even if you have a representative and you state that he will answer the question better, judges try to ask questions to the parties, and not to their lawyers, in the hope of getting information closer to the truth from an unprepared person. In our practice, there was a case when we managed to sue a very large amount without a single document, simply because the defendant herself admitted on record that she received the money. The case, which initially had no chance of success, was won by us. Our opponent, I think, was biting her elbows for a long time. In general, if you are not sure that you can answer the questions well, then it is better to send a representative to court instead of yourself, and not go at all. If there is no representative, try to at least prepare well for the meeting.

After they have finished “tormenting” the plaintiff, the defendant is given the floor . Now he must clearly and clearly state his objections, and then answer awkward questions. The parties, as is known, are equal before the court.

After the defendant, third parties speak, who also express their position on the case, that is, they explain whether the claim is justified, in their opinion, and why, after which the other participants in the process also have the right to ask them questions.

The court will then often ask again whether the parties have any motions, although this is not necessary.

When resolving each petition, the procedure is the same as with the announcement of the claim and the response: first, the one who makes the petition speaks, substantiates it, then those who object to its satisfaction. For example, a request to request documents must be justified by what they can confirm, who has them and why you did not request these documents yourself. Some petitions take a very long time to resolve and can drag out the process for several months, for example, a petition to commission a forensic examination.

Then witnesses and specialists (if any) are questioned. This is another difficult and stressful stage of the process. If a witness, specialist or expert speaks out against you, you need to figure out in time how to catch him in inaccuracies and even deceit. If they are well prepared, then this may be impossible. Then you need to think about how to discredit (refute) their words. A witness, specialist and expert in civil proceedings are criminally liable for giving false testimony and sign for the fact that this was explained to them, however, in reality they are rarely brought to criminal liability, even if it is possible to present refuting evidence and prove in such a way that they introduced the court misleading. The fact is that in order to bring to criminal responsibility it is necessary to prove the intention of these persons to deceive, and they, as a rule, are “conscientiously mistaken”: they are incompetent in matters that they are ashamed to admit, they do not remember exactly, they see poorly, they understand in their own way etc.

By the way, it is for this reason that judges are often not inclined to trust, for example, witnesses. In accordance with the Code of Civil Procedure of the Russian Federation, witness testimony has the same force as any other evidence, but courts still, as a rule, prefer to base decisions on documents rather than words. When selecting an evidence base, this must be kept in mind.

Evidence examination stage

Then comes the stage of examining evidence. De facto, the judge simply leafs through the file and names each document and page number. It’s very boring, especially if it’s a multi-volume matter. However, this stage can be very useful: since you can write down the page numbers and refer to this when writing an appeal or cassation complaint (or objections to them), without wasting time reading the case. This is also important to understand whether you have provided all the evidence, whether you have forgotten anything, and whether everything is included in the case. At this stage, you can clarify which document is in the file - a copy or an original, and clarify the page if you did not hear.

Judicial debate.

At the stage of debate (which usually occurs just before the decision is made), each party must summarize everything that it observed in the process and convince the court that a decision should be made in its favor. At this stage, it is important to evaluate the evidence and testimony presented by the opposing party. For example, point out that the documents contradict other evidence in the case, were signed by an unauthorized person, the witnesses are in close relationships with the party, and therefore their testimony should be assessed critically, etc. No questions are asked during the debate.

But after the debate, the parties have the right to say one more remark: something like the last word, but only very briefly, literally one or two sentences. Then the judge retires to the deliberation room to make a decision. The parties are waiting in the corridor. Then the decision is announced and you listen. I would like to hope that with joy. Well, that's all. Of course, long complex processes are full of various nuances, however, the scheme is something like this.

Finally.

In conclusion, I would like to say that it is extremely rare that all this can be accomplished in one court hearing. In this case, the mandatory stage is a preliminary hearing, and then a trial, that is, at least two hearings take place. Often the first hearing is adjourned after the court has heard the plaintiff and defendant. Everything else happens next time. The average case usually lasts three to four hearings. Sometimes it happens that it is significantly more.

The material was prepared by Tatyana Skvortsova and Tatyana Novokreshchenova

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