How to behave correctly in court so that the process goes smoothly and without problems

When they talk about how to behave in court, they usually remember Art. 158 Code of Civil Procedure of the Russian Federation or Art. 154 Arbitration Procedure Code of the Russian Federation. But they relate to the behavior of the parties directly at the court hearing. And although this is the central stage of the civil and arbitration process, it still needs to be reached.

In addition to procedural norms, there are also informal rules of conduct that should be known and followed.

First of all, this article will be useful to ordinary people who do not often go to courts. The information presented here will help you feel more confident in court and avoid common mistakes. These rules apply to all participants in the process: plaintiff, defendant and third parties.

It will also never be a bad idea for practicing lawyers to repeat the seemingly well-known rules of conduct.

Getting ready for the court hearing

The day before, make sure you have all the documents that may be needed in court ready. You should have with you not only their originals, but also copies.

Be sure to take a pen (preferably two), a notepad and several sheets of blank paper. What if you need to write a petition?

And don't forget your passport. They won't even let you into the courthouse without it.

Put it all in your bag in advance so that you don’t forget anything in a hurry on the day of the meeting.

Separately, it is worth mentioning the requirements for appearance. Tracksuits, T-shirts, shorts, etc. are not allowed. Otherwise, you may be turned away at the entrance.

On the other hand, you shouldn't hang yourself from head to toe with expensive jewelry like diamond rings, gold chains and platinum Swiss watches that cost several hundred thousand dollars.

The correct attire for attending court is a simple, clean business suit. The optimal color is classic: dark blue, gray, black. And don’t forget to iron your suit. Clean shoes are a must.

Regarding perfume: a little bit is possible, but don’t get carried away. You shouldn’t wear too much perfume so that you don’t smell of French perfume throughout the entire courtroom or judge’s office.

A separate recommendation for girls: too frank and provocative appearance is unacceptable. No miniskirts, deep necklines, transparent fabrics or overly bright cosmetics.

Appearance requirements

The rules of conduct in the courthouse, established by the chairmen of the courts, may also establish requirements for the appearance of court visitors:
Here are the basic requirements that are most often found in the courts of the Russian Federation.

1. A ban on attending court wearing shorts or flip-flops, regardless of the time of year or weather.
2. Clothing should not distract from the proceedings; vulgar, provocative outfits are inappropriate.

If you visit the court in an inappropriate manner, bailiffs have the right to reprimand the visitor and not allow the visitor into the courthouse until the remark is corrected.

The road to court: punctuality is everything

Being late to court is the last thing to do, so leave early. The fact that you got stuck in a traffic jam will not be a valid reason for the court. The judge will, of course, postpone the hearing to another day due to your failure to appear, but he will draw appropriate conclusions about your punctuality.

This, of course, should not affect the outcome of the case, but... the judge is also a person and everything human is not alien to him.

If the reason is valid, for example, illness, then notify the judge or his assistant in advance and ask to postpone the hearing or reschedule it for another day.

In other cases, it is better to arrive a little earlier.

But the court hearing itself may begin late, sometimes significantly. The courts are overloaded with cases and the workload on judges is enormous. Accept this and do not express your dissatisfaction with the delay to the court.

As the ancient Romans said: “Quod licet Iovi (Jovi), non licet bovi.” Translated from Latin: “What is permitted to Jupiter is not permitted to the bull.” You can't be late, but the court may be delayed.

When you get to court, notify the judge's assistant or clerk that you are coming. The number of the office to which you need to contact must be indicated in the summons or court ruling scheduling the case for hearing.

But you still need to get to the courthouse, and this is a separate mini-quest.

Why do people most often go to arbitration court?

Arbitration disputes are caused by: (a) the conviction of the party to the dispute that its rights have been violated or infringed; (b) inability to reach an agreement with the counterparty; (c) refusal of the guilty party to compensate for damage, losses or pay a penalty.

The following persons apply to the arbitration court:

• when a party to the contract violates the terms of fulfillment of obligations, including failure to comply with deadlines for payment or delivery of goods (provision of services or performance of work);
• to protect the business reputation of a legal entity;
• in order to challenge the ownership of real estate;
• in cases of bankruptcy of legal entities and individuals;
• to collect debts, compensation, penalties, losses;
• to challenge decisions of government bodies.

Search at the entrance to the court

Only judges themselves, as well as prosecutors and investigators upon presentation of their official identification, can freely enter the courthouse. Ordinary citizens undergo a short search.

At the entrance to the courthouse, you need to present your passport to the bailiffs and tell them the purpose of the visit: which judge has a hearing of your case at what time. In addition to your passport, it is advisable to show a summons or a court ruling scheduling the case for hearing.

After this, the bailiff will ask you to remove metal items from your pockets (smartphone, keys, change, etc.) and go through the metal detector frame. If necessary, he can additionally check you with a hand-held metal detector.

Then they will ask you to show the contents of your bag and may also ask if you have any prohibited items with you. In this regard, we leave various piercing and cutting objects at home.

How thorough the search will be depends on the bailiffs themselves and on your behavior. It can be quick and superficial, or it can be long and total.

I have had cases when they didn’t even ask me to show my bag. And another time the bailiff checked me thoroughly: he carefully checked me with a hand-held metal detector, then he examined my bag no less carefully, asking me to open all its compartments and show the contents of folders and notebooks.

After the check, you go to the judge’s office, announce your arrival and wait until you and other participants in the case are invited to the courtroom or judge’s office.

What are visitors prohibited from doing while in court?

Based on the above, there are a number of prohibitions that must be observed by visitors.
Prohibited:

1. Violate the rules of conduct in court and judicial proceedings established by the legislation and other regulations in force in the Russian Federation.
2. Be in court in a state of drug, alcohol or other intoxication.
3. Violate the legal requirements of judges, court staff and bailiffs.
4. Interfering with the progress of the trial, shouting, fighting, using foul language, damaging court property, behaving insultingly towards court staff and participants in the process.
5. Ask the court questions related to the proceedings of the case.
6. Seek legal advice from judges and court staff.
7. Talk on the phone while in the courtroom.
8. Without the knowledge of the chairman of the court and his written permission, take photos and videos in the courthouse, as well as without the permission of the presiding officer directly in the courtroom.

The need to visit the courts of the Russian Federation arises for an increasing number of citizens of our country, so it is very important to know about the norms of behavior in court and comply with them, then visiting the court and participating in the trial will not pose much difficulty for you.

Procedural rules of conduct in court hearings

There is no difference in the rules of conduct in civil proceedings and arbitration. The rules are enshrined in Art. 158 Code of Civil Procedure of the Russian Federation and Art. 154 Arbitration Procedure Code of the Russian Federation.

Disclaimer for people who are going to court for the first time: forget everything you saw in the program “Hour of Judgment” and the like. Almost everything that is shown there is fiction and has nothing to do with reality.

When the judge enters the courtroom, everyone stands up. The parties make their explanations, answers to questions, any remarks and appeals while standing. Deviations are allowed only with the permission of the court.

If the case is heard in a courtroom, then this is usually what happens. But sometimes the hearing is held right in the judge’s office, and sometimes he immediately gives permission to speak while sitting. Then the proceedings take place in a more informal atmosphere and, in my opinion, more productive.

It is customary to address a judge in civil and arbitration proceedings with the words: “Dear court!” You should not address the judge by his first name or patronymic.

An audio recording may be made during an open court hearing. There is no need to ask the court for permission to do this. Although it is still worth notifying. But photographing and video recording and live broadcasting via the Internet is possible only with the permission of the court (Part 7, Article 10 of the Code of Civil Procedure of the Russian Federation, Part 7 of Article 11 of the Arbitration Procedure Code of the Russian Federation).

All persons present at the meeting are required to obey the orders of the presiding judge to maintain order. If someone violates the order, but the judge gives a warning the first time, the repeat offender may be removed from the courtroom and also subject to a court fine.

I will briefly and simply tell you how the judicial process works. At the beginning of the hearing, the court:

1. announces what case is being heard;
2. establishes the identity of the persons who appeared in the process, verifies their credentials (you will need to present a passport, and if you are a representative, then a power of attorney);
3. announces the composition of the court, informs who is participating in the meeting, finds out whether there are grounds for challenges and self-disqualifications;
4. explains to persons participating in the case their rights and obligations.

After all this, the judge asks if the parties to the case have any motions on issues related to the case. If there are, then he considers them; if not, he proceeds to consider the case on its merits.

Next, the court finds out whether the plaintiff supports his claims, whether the defendant recognizes the plaintiff’s demands, and whether the parties want to end the case with a settlement agreement or conduct a mediation procedure. If the plaintiff supports his claims, and the answer to the remaining questions is “no,” then the parties are given the floor.

First, the court hears the plaintiff's explanations, then the defendant's. If there are third parties in the process, they speak after the side on which they participate.

The parties have the right to ask each other questions. Usually, after the plaintiff's speech, the court gives the defendant the opportunity to ask his questions and vice versa. And, of course, the court itself can ask a question to any participant at any time until the matter comes to a debate between the parties.

When the parties have spoken, the court begins to examine the evidence. In practice, this most often comes down to the judge reading out all the documents available in the case file.

This ends the consideration of the case on its merits and the court proceeds to judicial debate. These are speeches by persons participating in the case, their representatives, in which they express their position on the case.

The debates take place in the following order:

1. plaintiff, his representative;
2. defendant, his representative;
3. a third party making independent claims regarding the subject of the dispute.

The third party, who has not made independent claims regarding the subject of the dispute, and his representative in the debate speak after the plaintiff or defendant, depending on which side he is participating in the case. Now in Russian: if a third party participates on the plaintiff’s side, then he acts after the plaintiff; if on the defendant's side, then after the defendant.

With the participation in the case of the prosecutor, representatives of state bodies, local government bodies, organizations and citizens who have applied to the court for the protection of the rights and legitimate interests of other persons, they speak first in the judicial debate.

After everyone has made their speeches, they can make remarks in connection with what was said. The right of the last remark always belongs to the defendant, his representative. This is his sacred right. If only because defending is more difficult than attacking.

In reality, there may not be a debate. It depends on the wishes of the parties. Any participant may refuse to perform.

After this, the court retires to the deliberation room to make a decision. Well, or he stays in his office, and everyone else goes into the corridor to wait until they are invited back to find out the decision.

When the court makes a decision, it is obliged to announce its operative part. The persons present at the hearing listen to the court's decision while standing.

How to win a trial without a lawyer?

This article was prepared as part of a series of articles on a project to “eliminate legal illiteracy” by a civil lawyer

Conducting a civil case in court is quite a difficult task; it is for this reason that obtaining the status of a lawyer requires not only a higher legal education and legal experience, but also passing a mandatory multidisciplinary qualifying exam.

However, despite the prevailing stereotype, a citizen can conduct a civil case in court independently. In order to do this as efficiently and correctly as possible, you should remember a few useful tips.

If you follow some simple tips, you can win the case on your own:

1) Look for judicial practice. When drawing up a statement of claim, spend time searching for judicial practice on your problem. It is quite possible that by finding a judicial act on a very similar dispute, you will greatly facilitate your work in drawing up a claim. From the ready-made solution it will be possible to take links to some articles, and also not to “rack your brains” over the wording of the “pleading part”. When searching for judicial practice, try to use not forums and dubious Internet sites, but the official websites of the courts of the Chelyabinsk region. Each district court has its own website, which has a “judicial records” section, in which the vast majority of all judicial acts issued are published. The search can be set by category of cases - this will simplify the task. It is advisable to check the case number on the website of the Chelyabinsk Regional Court to see if the decision has been overturned.

If you managed to find several decisions similar to your case (preferably made in the last one or two years), and based on them to draw up a statement of claim, then you have passed the very important first stage perfectly!

2) Don't forget to work on refuting the other side's position. It is completely logical that the Plaintiff and the Defendant have directly opposite views on the subject of the dispute (if you are the plaintiff and the defendant admits the claim, you are very lucky and this article is not for you). While focusing on proving your position, do not forget that you need to monitor the actions of your procedural opponent. Even if his statements and the testimony of his witnesses seem absurd, implausible or simply falsified, think about how to refute this. It may be necessary to bring in one or more witnesses who could refute the opponent's testimony, or to ask the court to request certain information.

For example, if you are a defendant in a claim for damages caused by an accident, the court determines which party is at fault for the accident. On behalf of the plaintiff, two witnesses were questioned, who stated that it was you who ran the red traffic light. During the interrogation, the witnesses were confused and lost, they could not say the color of the car, they could not say the number of lanes on the roadway, this and other inconsistencies made it clear to everyone present in the courtroom that the witnesses were lying. However, you should not expect that the judge “heard everything himself” and will make a decision in your favor. As a rebuttal, you can ask the court to request information about the “billing” of mobile phones of witnesses on the day and time of the accident. From the response to the mobile operator’s request, it may well become clear that at the same time the witnesses were in another part of the city and could not be present at the scene of the accident. This will allow you to refute your opponent's evidence.

3) Regularly review the case materials in court. There is a common misconception that there is no need to get acquainted with the materials of a civil case. However, it is not. To familiarize yourself with the case materials, you must write an application for familiarization, which is written in free form and submitted through the court office. Next, the date and time of familiarization are agreed upon with the judge’s office. It is quite possible that the review will be carried out without a previously written application, but this is at the discretion of the assistant or secretary of the judge. When reviewing it, you should pay attention to whether all the materials you provided are filed into the file. Believe me, it is a fairly common situation when one or another document is lost... Now imagine that the lost document is the key evidence in the case (for example, when collecting a debt under a loan agreement, the loan agreement was lost). The sooner the loss can be identified, the higher the likelihood that the loss will be found. At the very least, you can promptly draw the judge’s attention to this fact. And you will take measures to re-attach this document (if available) or file a corresponding complaint. It is also useful to carefully review the entire case when reviewing it; it is possible that some evidence that your opponent has included will appear in the materials.

If the documents were submitted to the office, it is quite possible that no one discussed this at the court hearing. Of course this is wrong. If any document is received, regardless of whether it is attached at a court hearing or received through the office, it must be announced, the parties’ opinions on its inclusion must be heard, and all persons participating in the case must be given a copy of it. This is in theory. In practice, everything can be exactly the opposite. Therefore, having seen new evidence in time, you will be able to respond to it correctly by presenting counter-evidence or at least giving explanations on it (for example, explaining to the court why it should be viewed critically). It is quite useful to carefully read the minutes of the court hearing when familiarizing yourself with the case. Do not be surprised if much of what was said in the court hearing was not reflected in it, and some were simply made up. The parties have a five-day period to submit comments on the minutes of the court hearing from the moment of its production.

Another important piece of advice is to take pictures of everything that you haven’t photographed during each inspection. Firstly, this can help in preparing for the next court hearing, and secondly, it can prevent the disappearance of some sheets, rewriting the minutes of the court hearing and other similar things.

4) Present as much evidence as possible. There is a misconception that everything that is not included in the district court can be brought to the regional court. This is an erroneous judgment. All evidence must be presented to the court of first instance. The appellate instance accepts new evidence only if it is impossible to present it to the court of first instance. The golden rule is that if you are in doubt whether or not to submit a particular document to the court, it is better to attach it to the case as evidence. Many court decisions contain the wording: “the plaintiff’s side did not provide convincing evidence to substantiate the stated claim...” or “the defendant’s side did not adequately refute the plaintiff’s position...”. It is quite possible that a document that you were embarrassed or forgot to include could have become decisive - it would have allowed you to make the opposite decision.

5) Feel free to show that you are not a lawyer. There is nothing wrong with acting in court on your own without the help of a lawyer or attorney! It is the right of every person to participate in court in person or through a representative. It is completely logical that if you conduct business on your own, many things will not be entirely clear. Do not hesitate to ask again, clarify, ask additional questions. If you do not understand which documents the judge asked you to bring to the next court hearing, it is better to ask again immediately or, if possible, immediately after the hearing from the assistant or secretary. Ask to dictate while recording. If the court explains a thesis to you, ask for an explanation in more detail, point out that you are not a lawyer and do not know all the intricacies. If the court asks your opinion on a particular issue, you can always answer that you are not ready to express it right away, but it takes time to sort it out and formulate your positions.

For example, the issue of ordering a forensic examination is being decided, and the judge asks: “What questions do you propose to ask the expert and to which expert institution should the case be sent for examination?” It is quite logical that you may need time to formulate questions and find an expert institution that you can trust. Most lawyers and attorneys find it difficult to answer this question straight away. Of course, you, coming to court for the first or second time, need even more time.

6) Feel free to use written notes. Many times during the consideration of a case, I noticed how a party to a case during a court hearing, out of excitement and anxiety, completely loses his speech and forgets to say the most important thing. It is not necessary to put your entire speech in writing (although this can also be useful), but briefly sketching out the main points is a must! If, upon entering the courtroom, you have forgotten everything, immediately take out the piece of paper - and everything is remembered.

An example of a leaflet with abstracts:

• Claim that the statute of limitations has passed;
• Draw the judge's attention to the absence of a signature on the contract;
• Draw the judge's attention to the fact that the handwriting on the two receipts, supposedly executed on behalf of one person, is made in completely different handwriting;
• Ask the court to make a request to Rosreestr about who currently owns the disputed property.

In the absence of such a reminder, having entered into an argument about the first point, all the rest may fly out of your head.

7) Don't forget to summarize. After hearing all persons and examining all written evidence, the court announces the end of consideration of the case on the merits and the transition to the stage of debate. Most citizens conducting a case on their own ignore this stage, answering the court’s question that they will not speak. However, this is not entirely true, especially if the case was considered for quite a long time and several court hearings were held. Understand that each judge has hundreds of cases before him. Having held a court hearing and postponed its consideration to some date, the judge immediately “forgets” about it, switching to the next case. As soon as the next court hearing in your case begins, the judge, having opened the case, frantically tries to remember what the dispute is all about. Agree, it is logical that at the very end, at the debate stage, it would not be amiss to once again repeat the most important thing in your position, recall the key evidence and once again state the groundlessness of the demands of the opposite side. Speaking at the debate can force the judge to make a completely different decision than he originally planned.

An example from practice: the court hearing was repeatedly postponed due to the lack of a response from the tax office about the amount of the defendant’s official income. With all her appearance, the judge “showed” that she was going to refuse the claim; Having finally received an answer to the request, the judge held a meeting in 5 minutes - she stood up, took the case and asked with hope: “No one will participate in the debate?” However, the plaintiff asked to speak, and during the assessment of the evidence, he noticed that the Defendant at the very first court hearing (which took place more than 6 months ago) gave testimony that was completely refuted by the response received from the tax office; the Defendant lied. The court granted the claim.

I sincerely hope that the information presented above will bring real assistance in independently protecting your rights in court. I tried to avoid describing the general requirements for a statement of claim and other information that is set out in the Civil Procedure Code of the Russian Federation. Finding the Code of Civil Procedure of the Russian Federation on the Internet is not difficult, but what is described in the article is, as a rule, not discussed out loud. However, I will briefly outline the main requirements of the code for conducting a civil case in court for those who have not yet read the Code of Civil Procedure of the Russian Federation.

In any case, we recommend contacting professionals, since only this guarantees the protection of your rights and interests. Law Firm & Bar Association “Filatov and Partners” is a professional law firm. Unites lawyers and advocates representing the interests of citizens and organizations of Chelyabinsk.

Make an appointment with a lawyer: (351) 200-36-03

Address: Chelyabinsk, Lenin Ave., 33.

Informal rules to follow

Not all of these rules are written in procedural codes, but it is better to follow them. Then the process will go smoother and, perhaps, faster.

Don't get too emotional. Yes, sometimes it is difficult, especially in family matters. If the situation really hurts you, you want to prove that you are right by all means. But the court evaluates the factual and legal side of the issue. Excessive emotionality can even cause harm. Focus on facts rather than emotions and feelings.

The judge's questions must be answered. Dot. This is a requirement of the Code of Civil Procedure and the Arbitration Procedure Code of the Russian Federation.

There is no need to delay the process. File only the most necessary motions, as each one usually means the case will be delayed. The other side may try to delay the process. I have a separate article on methods to counteract delays in the process. Study it to be fully equipped.

When the court gives you the floor to state your position, you do not need to read the entire statement of claim or objections to it. The judge also knows how to read and did so even before the hearing. If you are a plaintiff, then state the essence of your claims and their justification, supporting this with reference to the evidence available in the case. The defendant, on the contrary, must briefly, laconically and, at the same time, informatively explain why the plaintiff’s demands are unfounded.

When you are given the opportunity by your procedural opponent, a third party, a witness, then ask questions, and do not start stating your position. If there are no questions, then say so. You will be able to once again state and supplement your position in the debate. The judicial process is structured in such a way that everyone has the opportunity to speak out more than once.

You should not interrupt other participants in the process, especially the judge. Do you want to say something or complement your position? Ask the judge for permission first.

You need to speak clearly, intelligibly, consistently and loudly enough for everyone to hear you. Your tone should be calm and confident. Do not burden your speech with details that are not relevant to the matter.

When you need to hand over something to the judge, for example, documents, you don’t need to take off and rush towards him at full speed. In general, it all depends on the situation. Sometimes you can hand over documents directly to the judge, then calmly come up and hand them over. Sometimes this can only be done through a secretary. As a rule, the higher the court, the more difficult it is to access the judge’s body.

What is prohibited from doing in court?

There are a number of actions that are strictly taboo. Violate them and it will greatly complicate your situation.

• You cannot come to court under the influence of alcohol or drugs.
• You cannot carry prohibited and dangerous items and substances with you. At the entrance, at best, they will simply not let you in; at worst, they will detain you and call the police.
• Large suitcases and bags are not allowed.
• During the hearing, you must not be rude to the judge, other participants in the process, or use profanity. In the best case, a warning awaits; in case of repeated violation, a fine and removal from the meeting room.
• You cannot bring food with you. Water is possible.
• You cannot take pets with you.
• You cannot bring children with you, except in cases where minors are participants in the process or witnesses.
• You cannot leave the room without authorization during a hearing without permission. If you really need to go out, ask the court to announce a short break.

It is recommended to follow all these rules of behavior so that the process goes smoothly. If you violate them, there will be problems. Their severity can vary: from loss of respect of the judge and other participants in the process to a fine and removal from the courtroom.

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