Each court hearing in a civil case is unique. Even typical cases have their own characteristics, which depend on the presence/absence of evidence in a civil case, the identities of the plaintiff, defendant and third parties, and other circumstances. But each court hearing takes place according to a certain algorithm, the observance of which is strictly monitored by the judge. Which leads the process.
It is possible to go to court on your own. The site was specially created to help people who, for one reason or another, do not resort to the help of representatives. Therefore, we will tell you not only about preparing and filing a claim, but also about the general rules for conducting a court hearing in a civil case.
Before a court hearing in a civil case
After submitting documents to the court according to the rules of jurisdiction and appointing the composition of the court, a procedural decision is made - to accept the claim, leave it without moving, return the claim, or refuse to accept the claim. If the documents are in order, a civil case is prepared and a preliminary hearing is scheduled.
Before the main court hearing, the plaintiff should check whether the amount of the claim, the grounds or the subject of the claim have changed. Familiarize yourself with the response to the claim or counterclaim received in his address. It is possible to prepare your written objections to these documents. The defendant, in turn, prepares his evidence and substantiates his legal position.
It is advisable to appear early for a court hearing in a civil case. You must have your passport with you. The representative is given a power of attorney to represent interests in court. If the request to call witnesses is granted, the applicant ensures their appearance. That is, these persons also appear at the courthouse, but are not included in the court hearing along with the parties. They will be invited by the court secretary in due course.
Videoconferencing in courts of general jurisdiction
Everyone has probably heard about the use of video conferencing in courts, including courts of general jurisdiction. Video conferencing means that when a participant in a case cannot appear in a particular court because he lives, for example, in another region, he can petition the court to participate in the hearing by using video conferencing, i.e. is in another court at his place of residence and communicates with the court on a specific case through a camera on the screen. Video conferencing can be roughly compared to communicating on Skype.
At the same time, not everything is so simple with video conferencing, especially in magistrates’ and district courts. Not all courtrooms have the technical capacity to hold such hearings; petitions are not always granted, since there may be an overlap of processes, etc.
Video conferencing is dedicated to Art. 155.1 Code of Civil Procedure of the Russian Federation. The procedure for participating in a meeting in this way is as follows:
- in the court at the place of consideration of the case and in the court at the location of the person wishing to participate in the hearing via video conferencing, there must be a technical possibility for such participation
- the participant in the process must apply to the court with a request to participate in the hearing via video conferencing
- the court in which the case is pending resolves this petition and either satisfies it or denies it
- if the court satisfies the petition, then the participant in the process appears in court at his location and, in the presence of a judge of the relevant court, communicates with the court hearing the case and with other participants in the process
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.
Legislation on judicial proceedings in civil proceedings
Litigation involves the consideration of a civil case, during which any of the principles of civil procedure existing today will or may be revealed.
The purpose of considering cases in civil claims is to seek justice with the help of legislative instruments (federal laws, regulations, by-laws and much more). At this stage, the judicial authority studies, analyzes and gives a legal assessment of the evidence provided to it by all parties to the conflict. The court also establishes all the factual circumstances and explains in detail to the participants in the process their legal rights and obligations, and also makes an appropriate decision based on the collected material.
It is standard practice for a civil case to be heard in open court. During the trial, the composition of the judges had to remain unchanged. If for some reason the judge is replaced, the case is reviewed from scratch.
The powers of the judicial body extend not only to the fair resolution of civil law disagreements, but also to the implementation of a specific task, demonstrating by a clear example the fairness and real benefits of existing laws.
Full achievement of the goals of civil proceedings is possible only if all participants in the legal process strictly adhere to the norms and rules of the current legislation.
Civil claims are initially considered by the court of first instance, by analyzing the collected evidence base and listening to all subjects of law.
In other words, judicial proceedings mean the basic part of the production stage, during which the tasks assigned to the judicial authorities are carried out, designed to properly protect the rights, freedoms and legitimate interests of all parties to the process. In addition, legality and order are consolidated, illegal acts are prevented and a respectful attitude is created both towards the legislator and directly towards the judicial authority (see Article 2 of the Code of Civil Procedure of the Russian Federation).
The current legislation provides for the strictest procedure for the consideration of civil claims, where the sequence of implementation of legal measures is considered one of the prerequisites for a fair verdict.
Procedure for holding a court hearing
The judge is obliged to clarify with the plaintiff and defendant their position on the case and establish the factual circumstances of the case. First, the plaintiff is interviewed. Does he support his demands, is it possible to conclude a settlement agreement, or other conciliation procedures? What evidence supports the plaintiff's position. The judge can ask questions, as can the defendant (with the permission of the judge), and third parties, the prosecutor, etc. The defendant then presents his position and may also be asked questions.
If there are no grounds for postponing the consideration of the case at this stage of the court hearing (for example, an application has been received to involve a third party, co-defendants, to replace the defendant, to issue a letter of request, etc.), the court begins to examine the evidence.
Since both the plaintiff and the defendant must receive written documents in advance, they are able to formulate their position based on the evidence. You can file a motion about the inadmissibility of evidence, about falsification, or declare that it is not relevant to the case. In general, there is no need to be afraid of a court hearing. Correct behavior is an attentive attitude to the words of the judge and an active position and behavior in the process. Disturbance of order at the meeting is not allowed. Otherwise, the court may apply a judicial fine. The court may also remove such a person from the hearing.
After examining the evidence, the judge will ask the parties and third parties for additional explanations. And then he will move on to legal arguments.
Judicial debates are the last opportunity to convey your position to the court. This stage consists of speeches. First the plaintiff speaks, then the defendant. The defendant has the right to make the last comment. You cannot refer to circumstances that were not clarified by the court and to evidence that was not examined.
The trial, being a voluminous stage in terms of the number of procedural actions performed, is logically divided into four components: 1) preparatory; 2) consideration of the case on the merits; 3) judicial debates; 4) resolution and announcement of the decision. All these parts, each of which has its own particular task and corresponding content, are in close connection with each other, are carried out in strict sequence, collectively constituting a single stage of the trial. In the preparatory part, actions are taken aimed at ensuring the effective consideration and resolution of a civil case on the merits (Articles 160-171 of the Code of Civil Procedure of the Russian Federation). The issues considered in this component include the question of the possibility of considering the case: a) in the given composition of the court; b) if there are participants in the process summoned to appear in court; c) with available evidence. Each group of issues corresponds to a certain set of actions carried out in a strictly established sequence by law. The trial begins with the opening of the court session and the announcement of the case to be heard (Article 160 of the Code of Civil Procedure of the Russian Federation). If the case involves a person who does not speak the language in which the proceedings are being conducted, then the first actions of the court must be translated into the native language of this person. Immediately after the opening of the court session, the presiding judge must explain his rights and obligations and warn about responsibility (Article 162 of the Code of Civil Procedure of the Russian Federation). Checking the presence of the parties at the court hearing, one third: their persons, their representatives and the prosecutor (Article 161 of the Code of Civil Procedure of the Russian Federation) is carried out immediately after the opening of the court session and precedes all other procedural actions, the commission of which is impossible in the absence of the main participants in the process. In addition, the rules for verifying the presence of the main participants in the process at the court hearing allow the court to make a conclusion about the possibility of continuing the process of considering the case or postponing it. Checking the presence at the court hearing is a guarantee of equality of the parties and is important for the correct consideration and resolution of the case by the court. Persons participating in the case are required to notify the court of the reasons for failure to appear and provide evidence that these reasons are valid. If any of the participants in the process fail to appear at the court hearing, the following consequences may be applied (Articles 167, 168 of the Code of Civil Procedure of the Russian Federation). The trial must or may be postponed:- in case of failure to appear at the court hearing of any of the persons participating in the case, in respect of whom there is no information about their notification. Notification of the participants in the process must be carried out in strict accordance with the procedure established by law, in particular Ch. 10 Code of Civil Procedure of the Russian Federation. If these instructions are not followed or the procedure for notification and summons is not properly followed, the participant in the trial is considered not to have been notified of the time and place of the court hearing;
- in case of failure to appear of a person participating in the case, notified of the time and place of the court hearing, if the reasons for his failure to appear are recognized as valid. Declaring a reason as valid or disrespectful is solely at the discretion of the court. The law does not contain any list of such reasons;
- the court may postpone the hearing of the case at the request of a person participating in the case due to the failure of his representative to appear (part 2, 6 of article 167 of the Code of Civil Procedure of the Russian Federation);
- in case of failure of a witness, expert, specialist, translator to appear at the court hearing, if the court finds it impossible to consider the case in their absence. The reasons for non-appearance are relevant only for resolving the issue of imposing penalties on these subjects. The practical “value” of their participation in the consideration of the case comes to the fore. Thus, when deciding on the possibility of considering a case in the absence, for example, of witnesses who did not appear, the judge (court) proceeds from how important their testimony is for the correct resolution of the case;
- whether other witnesses can report the fact in support of which the missing witness was called; whether it was possible to ensure the witness's attendance at the court hearing.
Having heard the opinions of the parties on this matter and the conclusion of the prosecutor, if he is involved in the case, the court makes a decision to postpone the trial or on the possibility of hearing the case in the absence of persons who did not appear.
The court has the right to continue the consideration of the case without the participation of the person who failed to appear:
- in the event of the failure of any of the persons participating in the case, notified of the time and place of the court hearing, if they do not provide information about the reasons for the failure to appear or the court recognizes the reasons for their failure to appear as disrespectful. However, the court may consider the case in the absence of the parties only if it is proven that the summons to hear the case was served on them;
- in the absence of the defendant, notified of the time and place of the court hearing, if he did not inform the court about good reasons for failure to appear and did not ask to consider the case in his absence (part 4 of article 167 of the Code of Civil Procedure of the Russian Federation);
- if the parties asked to consider the case in their absence and send them copies of the court decision (parts 3-5 of Art. 67 of the Code of Civil Procedure of the Russian Federation).
Courts use the right to hear a case in the absence of a party with great caution. If a party does not appear at the court hearing, the court decides whether it is possible in this case in its absence to clarify the actual relationship of the parties, and only after an affirmative resolution of this issue considers the case without the plaintiff or defendant; Therefore, the court hears the opinions of the parties who have appeared and the prosecutor, if he is involved in the case, and makes a ruling, which is entered into the protocol. Particularly important is the question of the possibility of a trial in a case if a third party with independent demands appeared at the court hearing, but the plaintiff and defendant did not appear. Based on the fact that in relation to a third party with independent claims, the plaintiff and defendant are essentially defendants, it is advisable to resolve the issue as follows: a) if the plaintiff and defendant fail to appear without good reason, if they have not received an application to hear the case in their absence, the hearing of the case is postponed; b) in case of failure of the plaintiff and defendant to appear at the secondary summons, the court considers the claim of the third party, and leaves the case regarding the claim of the original plaintiff against the defendant without consideration. If the trial of a case is postponed, the court has the right to question the witnesses who have appeared, if the parties are present at the court hearing. A second summons of these witnesses to a new court hearing is allowed only if necessary (Article 170 of the Code of Civil Procedure of the Russian Federation). After clarifying the issue of the consequences of the non-appearance of the participants in the process, the presiding judge announces the composition of the court, the names of the prosecutor, expert, specialist, translator, court secretary, representative of the parties and third parties participating in the case. It is explained to the persons participating in the case that they have the right to challenge the named subjects or to recuse themselves, and it is clarified whether they have such grounds, against whom and for what reasons (Article 164 of the Code of Civil Procedure of the Russian Federation). Next, the court explains to the parties and other persons participating in the case their rights and obligations, incl. administrative rights of the parties. The presiding officer explains to the experts and specialists who appear their rights and responsibilities and warns them of liability for giving false conclusions. At the same time, there are two forms of warning and recording of this action - either by selecting a signature attached to the case materials, or by entering it into the minutes of the court session. Consideration of the case on the merits is the main part of the trial, which includes: a) a report of the case by the presiding judge or one of the judges; b) an offer to the parties to reconcile; c) presentation by the plaintiff and defendant of their positions on the case; d) examination of evidence; e) provision by the prosecutor and government authorities of an opinion on the case. The brief report must reflect: the essence of the claim and the defendant’s objections, the circumstances that justify the positions of the parties. A properly constructed report gives the right direction for the investigation of the circumstances, determines its scope and limits, eliminating from the trial that which is not important for the case. In turn, the judge’s report should not be limited to reading the statement of claim and the defendant’s submitted written objections. At the same time, in the report on the case, the presiding officer does not express his own opinion on the requirement under consideration, since the formation of such an opinion will be carried out only based on the results of the entire process as a whole. The presiding judge then determines whether the plaintiff supports his claims, whether the defendant accepts the plaintiff’s demands, and whether the parties wish to conclude the case with a settlement agreement. The exception is cases where a settlement agreement would be unlawful or its conclusion is not provided for by law, for example in cases arising from public law relations. If the parties express a desire to conclude such an agreement, the court, if necessary, announces a break in the consideration of cases, thus giving the parties time to develop the terms of the settlement agreement. Then, at the court hearing, the court explains to the parties the consequences of approving such an agreement (Part 2 of Article 173 of the Code of Civil Procedure of the Russian Federation). If the parties refuse to reconcile, the court hears explanations from the parties and other persons participating in the case, with whom they justify their positions in the case. At the same time, the provision of explanations to these subjects is carried out in a strictly defined sequence by law. Initially, explanations are heard from the plaintiff and a third party participating on his side, the defendant and a third party participating on his side, and then other persons participating in the case. The prosecutor, representatives of state bodies, local government bodies, organizations, citizens who have applied to the court for the protection of the rights and legitimate interests of other persons are the first to give explanations. Persons participating in the case have the right to ask each other questions. Judges have the right to ask questions to persons participating in the case at any time when they give explanations (Article 174 of the Code of Civil Procedure of the Russian Federation). Explanations submitted to the court in writing by persons participating in the case in case of their failure to appear, as well as in cases provided for in Art. 62 and 64 of the Code of Civil Procedure of the Russian Federation, are announced by the presiding officer (Part 2 of Article 174 of the Code of Civil Procedure of the Russian Federation). The main content of this part of the trial is the examination of evidence. The main task of the court when considering a case on the merits is to establish, by examining the evidence in the case, the actual rights and relationships of the parties, i.e. making a legal and informed decision. The sequence of examination of evidence is established by the court, taking into account the opinions of the persons participating in the case. Each evidence is endowed with a unique order of research, determined by the method of obtaining information. Thus, the testimony of witnesses is heard, written evidence is read out, physical evidence is examined, audio and video recordings, as well as an expert’s opinion, are heard. The procedure for questioning a witness is regulated in detail by law (Articles 176-180 of the Code of Civil Procedure of the Russian Federation). Before questioning the witness, the presiding officer establishes his identity (last name, first name, patronymic, place of residence, place of birth, occupation, marital status, education), explains to him the rights and obligations of the witness and warns him of criminal liability for refusing to give evidence and for giving knowingly false evidence. indications. The witness is required to sign that his duties and responsibilities have been explained to him. The subscription is attached to the minutes of the court session (Article 176 of the Code of Civil Procedure of the Russian Federation). Before questioning a witness, it is necessary to check the presence or absence of circumstances that constitute the basis for applying witness immunity to these persons. If there are any, the court must explain to the witness his right to refuse to testify, accordingly recording the procedure for clarification in the minutes of the court session or in a separate signature of the witness. Each witness is questioned separately. Before his interrogation, conditions must be ensured to prevent witnesses from communicating with other persons. Failure to comply with these requirements, one example of which is the presence of a witness in the courtroom before his initial questioning, is taken into account when assessing his testimony. The presiding judge ascertains the witness’s attitude towards the persons participating in the case and offers to tell the court everything that he personally knows about the circumstances of the case (Parts 1, 2 of Article 177 of the Code of Civil Procedure of the Russian Federation). The witness provides his testimony in the form of an arbitrary story about the circumstances of the case known to him. After this, the witness may be asked questions in order to clarify, specify, eliminate gaps and contradictions in the testimony, and clarify the source of the reported information. The first to ask questions is the person at whose request the witness was called, the representative of this person, and then the other persons participating in the case, their representatives. Judges have the right to ask questions of a witness at any time during his interrogation. If necessary, namely if there are contradictions in the testimony, data obtained during the examination of other evidence, if doubts arise about the reliability of the information provided, if gaps are discovered in the testimony previously given, as well as for a confrontation, the court may re-examine the witness. The interrogated witness remains in the courtroom until the end of the trial, unless the court allows him to leave earlier (parts 3-5 of Article 177 of the Code of Civil Procedure of the Russian Federation). The law provides witnesses with a number of rights and imposes certain obligations on them. The rights of a witness are reduced to the following provisions: 1) give evidence in their native language (Article 9 of the Code of Civil Procedure of the Russian Federation); 2) when giving testimony, a witness may use written materials in cases where the testimony is associated with any digital or other data that is difficult to retain in memory. These materials are presented to the court, to the persons participating in the case, and can be added to the case on the basis of a court ruling (Article 78 of the Code of Civil Procedure of the Russian Federation). The law clearly defines the conditions under which a witness is allowed to access data reflected in writing. First of all, this is digital data: a) accounting, economic, technical calculations; b) characteristics of a product, substance, structure, phenomenon, event expressed in mathematical, physical, chemical formulas and figures; c) drawings, diagrams, plans, complex descriptions of a phenomenon, object, etc. Due to its volume, complexity and specificity, this data should be difficult for a specific person to remember. As determined by the court, the notes are attached to the case materials; 3) ask the court for questioning at his place of residence if, due to illness, old age, disability or other valid reasons, he is not able to appear in court (Part 1 of Article 70 of the Code of Civil Procedure of the Russian Federation); 4) the witness has the right to reimbursement of expenses associated with a summons to court and to receive monetary compensation in connection with loss of time (Part 3 of Article 70 of the Code of Civil Procedure of the Russian Federation). The main responsibilities of a witness are:
- appear in court when summoned to testify;
- provide the court with objective information on the circumstances of the case under consideration (parts 1, 2 of Article 70 of the Code of Civil Procedure of the Russian Federation).
It is necessary to pay attention to the procedural features of the interrogation of a minor witness (Article 179 of the Code of Civil Procedure of the Russian Federation), which are as follows: a) a minor witness is a person under 16 years of age, since it is from this moment that it becomes possible to bring this person to criminal liability for refusal to testify and giving false testimony; b) the interrogation of a minor witness is carried out with the participation of a teaching worker, and, if necessary, parents, adoptive parents, guardian or trustee. Moreover, the participation of a teacher is mandatory - when interrogating a person under the age of fourteen years and optional, i.e. at the discretion of the court - when interrogating a witness from fourteen to sixteen years of age; c) the minor witness is not warned of liability for giving false testimony and refusal to testify. To a witness under the age of sixteen, the presiding officer explains the obligation to truthfully tell everything known to him about the case, but he is not warned about liability for unlawful refusal to testify and for giving knowingly false testimony (Part 2 of Article 176 of the Code of Civil Procedure of the Russian Federation). The form and content of such an explanation depend on the age, degree of development of the minor and other circumstances; d) if there are sufficient grounds to believe that in the presence of any of the persons participating in the case, the witness will not be able to give truthful testimony, these persons are removed from the courtroom. The person participating in the case, after returning to the courtroom, must be informed of the content of the testimony of a minor witness and must be given the opportunity to ask the witness questions (Part 2 of Article 179 of the Code of Civil Procedure of the Russian Federation); e) a witness who has not reached the age of sixteen years is removed from the courtroom at the end of his interrogation, unless the court finds it necessary for the presence of this witness in the courtroom (Part 179 of the Code of Civil Procedure of the Russian Federation). Article 180 of the Code of Civil Procedure of the Russian Federation establishes the procedure for using witness testimony; collected in order to secure evidence (Article 64 of the Code of Civil Procedure of the Russian Federation), a letter of request (Article 62 of the Code of Civil Procedure of the Russian Federation), received during interrogation at the place of his stay due to the inability to appear in court (Article 70 of the Code of Civil Procedure of the Russian Federation), as well as during interrogation when the case is adjourned (Article 170 of the Code of Civil Procedure of the Russian Federation). Such evidence must be examined and assessed in conjunction with other evidence. They are announced after the interrogation of all the witnesses who have appeared. If this testimony contradicts the testimony of the witness being questioned, it may be announced during the interrogation of this witness in order to eliminate the contradictions. The examination of written evidence begins with its announcement in the part relevant to the case and presentation to the participants in the process for review. After this, the persons involved in the case can give explanations. In necessary cases, when the correspondence and schedules are read out at the court hearing, experts, translators and even witnesses may be present if the documents relate to the fact in support of which they were called. In order to protect the secrecy of correspondence and telegraph messages, correspondence and telegraph messages of citizens can be read out and examined by the court in an open court session only with the consent of the persons between whom these correspondence and telegraph messages occurred. Otherwise, without the consent of these persons, their correspondence and telegraph messages are read out and examined in a closed court session (Article 182 of the Code of Civil Procedure of the Russian Federation). The material evidence available in the case is examined, as a rule, by examination at a court hearing. Physical evidence is examined by the court and presented to the persons participating in the case, their representatives, and, if necessary, witnesses, experts, and specialists. Persons who are presented with material evidence may draw the court’s attention to certain circumstances related to the inspection. These statements are entered into the minutes of the court session (Article 183 of the Code of Civil Procedure of the Russian Federation). Written and material evidence that is impossible or difficult to deliver to the court due to its bulkiness, extreme dilapidation, fragility, etc. are inspected and examined at their location or in another place determined by the court. The court issues a ruling on the on-site inspection. The persons participating in the case and their representatives are notified of the time and place of the inspection, but their failure to appear does not prevent the inspection. If necessary, witnesses, experts, and specialists are also called. The results of the on-site inspection are recorded in the minutes of the court hearing. The protocol is accompanied by plans, diagrams, and drawings drawn up or verified during inspection (Article 184 of the Code of Civil Procedure of the Russian Federation). The protocols of the on-site inspection of material evidence are announced at the court hearing, after which the persons participating in the case can give explanations. Reproduction of an audio or video recording is carried out in a courtroom or other room specially equipped for this purpose, indicating in the minutes of the court session the signs of the reproducing sources of evidence and the time of reproduction. After this, the court hears explanations from the persons involved in the case. If necessary, playback of the audio or video recording can be repeated in full or in any part. To assist the court in clarifying the information contained in the audio or video recording, a specialist may be involved in the process, and in necessary cases, the court may order an examination (Article 185 of the Code of Civil Procedure of the Russian Federation). The expert's opinion is submitted to the court in written form. Due to this, the procedure for its research comes down mainly to the announcement of the expert’s conclusions. Meanwhile, in order to clarify and supplement the conclusion, the expert may be summoned to the court hearing. At the same time, persons participating in the case and their representatives have the opportunity to ask questions to the expert. The first to ask questions is the person at whose request the examination was appointed, his representative, and then the other persons participating in the case and their representatives ask questions. If the examination is appointed on the initiative of the court, the plaintiff and his representative are the first to ask questions of the expert. Judges have the right to ask questions to the expert at any time during his interrogation (Article 187 of the Code of Civil Procedure of the Russian Federation). In necessary cases, the court involves a specialist in the process, including when:
- examination of written or physical evidence;
- playing audio or video recordings;
- appointment of examination;
- questioning of witnesses;
- taking measures to secure evidence.
The purpose of a specialist’s participation in civil proceedings is to obtain consultations, explanations and provide direct technical assistance (photography, drawing up plans and diagrams, selecting samples for examination, assessing property). A specialist provides consultation orally or in writing, based on professional knowledge, without conducting special studies prescribed on the basis of a court ruling. The specialist’s written consultation is announced at the court hearing and attached to the case file. Consultations and explanations of a specialist, given in. orally, are entered into the minutes of the court session (Article 188 of the Code of Civil Procedure of the Russian Federation). After examining all the evidence, the presiding officer gives the floor for an opinion on the case to the prosecutor, a representative of a government body or a representative of a local government body participating in the process in accordance with Part 3 of Art. 45 and from Art. 47 of the Code of Civil Procedure of the Russian Federation, asks other persons participating in the case and their representatives whether they would like to provide additional explanations. In the absence of such statements, the presiding judge declares the consideration of the case on the merits completed, the court proceeds to judicial debate (Article 189 of the Code of Civil Procedure of the Russian Federation). The conclusions of the prosecutor and the above-mentioned bodies must contain a legal assessment of the case considered. At the same time, the conclusions of the named subjects are not binding for the court, although in its decision the court must justify the reasons for disagreement with the conclusions. Judicial debates (Article 190 of the Code of Civil Procedure of the Russian Federation) are speeches by persons participating in the case and their representatives, in which they summarize the examination of evidence and the consideration of the case as a whole. Participants in judicial debates are a strictly limited circle of subjects participating in the case. The sequence of their speeches in the debate is also clearly regulated by law - Art. 190 Code of Civil Procedure of the Russian Federation. So, the plaintiff, his representative, speaks first, then the defendant, his representative. The third party, who has declared an independent claim regarding the subject of the dispute in the initiated process, and his representative in the judicial debate speak after the parties and their representatives. The third party, who has not made independent claims regarding the subject of the dispute, and his representative in the judicial debate speak after the plaintiff or defendant, on the side of one of whom the third party participates in the case. The prosecutor, representatives of state bodies, local governments, organizations and citizens who have applied to the court for the protection of the rights and legitimate interests of other persons speak first in judicial debates. After the debate, the persons participating in the case and their representatives have the right to make remarks, i.e. brief responses to what was heard in the debate. The named subjects receive the right to speak several times. However, the right of last remark always belongs to the defendant, his representative. The importance of the parties' debates in court hearings in civil cases is that they help the court to correctly and comprehensively evaluate the evidence in the case and establish the actual legal relationship of the parties. The content of the speeches of the participants in the debate comes down not only to the legal analysis of the evidence and circumstances of the case, comparison of the positions of the parties, but also to the final opinion of the subjects based on the results of the trial. Participants in judicial debates do not have the right to refer to circumstances and evidence that were not examined at the court hearing. If the court, during or after the judicial debate, finds it necessary to clarify new circumstances relevant to the consideration of the case, or to examine new evidence, it issues a ruling to resume consideration of the case on the merits. After the consideration of the case on the merits, judicial debates take place in the general manner (Article 191 of the Code of Civil Procedure of the Russian Federation). After the judicial debate, the court retires to the deliberation room to make a decision. In this case, the principle of secrecy of the meeting of judges must be strictly observed, which means that no one has the right to be present in the deliberation room when a decision is made, except for the judges who considered the case. Also, judges do not have the right to disclose judgments that took place during the meeting (parts 2, 3 of Article 194 of the Code of Civil Procedure of the Russian Federation). In the deliberation room, the following questions are considered and resolved: a} whether the circumstances pointed out by the parties and other persons involved in the case occurred, what evidence confirms them; the reliability of evidence and circumstances relevant to resolving the case, what law should be applied and whether the claim can be satisfied; b) the procedure for the distribution of legal costs between the parties; c) whether the decision is subject to immediate execution. In a collegial hearing of a case, the decision is made by the judges by voting by a majority vote. None of the judges has the right to abstain from voting. The presiding officer votes last. A judge who does not agree with the opinion of the majority may express his dissenting opinion in writing, which is attached to the case, but is not announced when the court decision adopted in the case is announced (Article 15 of the Code of Civil Procedure of the Russian Federation). The court decision is stated in writing by the presiding judge or one of the judges and signed by the judge when he is considering the case individually or by all judges when the case is being considered collectively, incl. the judge, who had a dissenting opinion. Corrections made to the court decision must be certified by the signatures of the judges (Article 197 of the Code of Civil Procedure of the Russian Federation). The court's decision is made immediately after the hearing of the case. The preparation of a reasoned court decision may be postponed for a period of no more than five days from the date of completion of the trial of the case, but the operative part of the decision must be announced by the court at the same court session in which the trial of the case ended. The announced operative part of the court decision must be signed by all judges and attached to the case (Article 199 of the Code of Civil Procedure of the Russian Federation). After the decision is made and signed, the court returns to the courtroom, where the presiding judge or one of the judges announces the court's decision. Then the presiding officer orally explains the content of the court decision, the procedure and deadline for appealing it. All persons present in the courtroom listen to the decision while standing. When announcing only the operative part of a court decision, the presiding judge is obliged to explain when the persons participating in the case and their representatives can familiarize themselves with the reasoned decision of the court (Article 193 of the Code of Civil Procedure of the Russian Federation).
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.
Procedural procedure for consideration and resolution of civil cases
Consideration of claims, the subject of which is a civil dispute, is carried out with mandatory preliminary notification to all parties to the conflict, with the exception of those who were recognized (by the court) as missing or incompetent (for more details, see Article 144 of the Code of Civil Procedure of the Russian Federation).
All claims, the subject of which are civil disputes, can be considered collegiately (a judge and 2 lay assessors) and/or individually. During the process, the judicial authority undertakes:
- to clarify with utmost precision the essence of the claims made by the plaintiff and the defendant’s protests;
- study and analyze all evidence presented by the parties to the process;
- identify the factual circumstances of the controversial situation;
- determine and clarify the rights, obligations and interests of all participants in the proceedings.
Each of the existing stages usually ends with the issuance of a corresponding resolution (in the name of the Russian Federation).
