In what cases is a court hearing considered closed?

A closed court session is permitted in cases where it is expressly provided for by the relevant procedural law. Publicity (openness) of judicial proceedings is one of the key principles of justice. Any deviation from it is an exceptional measure, which is taken by the court based on the impossibility of disclosing certain data to third parties.

Depending on the type of trial (criminal, civil, arbitration), the procedure for holding closed court hearings has its own characteristics. The differences are minor, but they need to be taken into account.

Grounds for closed meetings

Most often, closed sessions are held in criminal proceedings. This is due, first of all, to the presence of more grounds than are provided for in civil and arbitration cases.

Grounds in criminal proceedings:

  1. Consideration of the case may lead to the disclosure of secrets protected by law, for example, data constituting a state secret.
  2. The crime was committed by persons under 16 years of age.
  3. Consideration of the case can lead to the disclosure of intimate information about the lives of the participants in the process or information that degrades their dignity and honor.
  4. It is necessary to ensure the safety of the participants in the process, their relatives or close persons.
  5. It is necessary to disclose and examine the correspondence of certain persons, recordings of their telephone and other conversations, other messages, personal materials (photos, video, audio), but such persons have not given consent to this.

Grounds for a closed meeting in civil proceedings:

  • The case contains information representing a state secret or the secret of adoption.
  • At the request of an interested person, it is necessary to ensure the preservation of commercial or other secrets protected by law or the inviolability of private life, other circumstances, the open discussion of which may lead to their disclosure or violate the rights and interests of citizens.

In arbitration proceedings, the same grounds for closed hearings are established as in civil cases.

The law may establish other grounds for holding closed trials. This may be due to the identity or status of the participants in the process, the need to protect certain information, or to ensure security.

How to reschedule a court hearing in a civil case?

Only the court, or rather the presiding judge, can reschedule a court hearing. Rescheduling a meeting consists of adjourning it; a break may also be declared in the case.

In order for a meeting to be adjourned, there must be a need for it. The hearing can be postponed either by the court itself, i.e. on his initiative, or in connection with the satisfaction of a participant in the process’s request for an adjournment. Read more about how to postpone a meeting in our material below.

Rescheduling a meeting, as we said above, may consist of an adjournment or a recess. In some cases, the court may suspend the proceedings, which in fact also entails postponing the hearing, only the date is set by the court after the case has been suspended, and when the circumstances for which the proceedings were suspended no longer exist, for example, when another case is considered.

Procedural features of holding closed proceedings

Main:

  1. The decision is made by the court on its own initiative, at the request of the participants in the process, and, if this is expressly stated in the law, only if there is a corresponding request from an interested person.
  2. Any basis applied by the court must be specified and indicated in the court's decision to conduct closed proceedings. Persons who submit a petition are required to substantiate their request - not just provide a reason, but specify and justify it.
  3. The process may be closed in whole or in part (only for certain meetings).
  4. Except for the application of special rules and restrictions, closed hearings are conducted in the same way as open hearings.
  5. In closed proceedings, the use of videoconferencing is prohibited. From September 1, 2021, Federal Law No. 265-FZ dated July 29, 2018, which makes some changes to the Code of Criminal Procedure, Civil Procedure Code and Arbitration Procedure Code, prohibits the use of audio recording devices.
  6. Persons participating in a closed meeting are warned of responsibility for disclosing information that has become known to them. They have no right to distribute them in any way.

In practice, closed sessions differ from open ones, first of all, by the absence of outsiders who are neither participants in the process nor persons summoned to court (experts, specialists, witnesses). Thus, journalists and all those who simply came to watch and listen cannot be present here.

Despite the holding of closed sessions or completely closed proceedings in the case, the court's decision must be announced publicly. In order to keep certain information secret, the law allows the possibility of disclosing only the introductory and effective parts.

[edit] Notes

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Reforms in RussiaDmitry Medvedev and reforms • Administrative reforms • Administrative reform (since 2002) • Second stage of administrative reform (since 2006) • Administrative reform in the federal subjects • Health care reform • Judicial reforms • Reform of the penal system
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USAEconomy • Housing • Coal industry • Agriculture • Foreign economic relations • Natural gas exports • Finance • Shale gas • Human rights • Relations with Uzbekistan • Missile defense • Corruption
GermanyMechanical engineering • Coal industry • Foreign trade • Housing • Human rights • Corruption • Terrorist attacks
UkraineGDP • Manufacturing industry • Automotive industry • Aviation industry • Rocket and space industry • Railway engineering • Air transport • Population income • Poverty • Exports (Food products, Engineering products, Armaments, Electricity, Share in world exports) • Road transport • Freight transit through Ukraine (Oil, Gas) • Share of imports in the Ukrainian market • Electricity • Palm oil • Outbound tourism from Ukraine • Housing • Natural gas • Gasification • Automotive cable • Ukraine's relations with the IMF • Zorya-Mashproekt • Sewerage in Kiev • Reforms • Corruption • Sewage • Food quality • Migration policy of Ukraine • Discrimination against Russians in Ukraine • An-70 • An-132 • An-140 • An-148
GeorgiaEconomy • GDP • Mechanical engineering • Fuel and energy complex (Electric power) • Mining • Agriculture • Crop production • Transport (Pipeline, Sea) • Finance (Taxes, Banking system, Public finance, Public external debt) • Gold production • Investments • Foreign economic relations ( Export, Export of electricity, Import, Import of food products, Remittances to Georgia) • Population income (Wages) • Labor resources • Zestafoni Ferroalloy Plant • Tbilisi State Aviation Association • Education • Science • Government • Geography • Corruption • Relations with the USA • Relations with France
Post-Soviet spaceCIS • Collective peacekeeping forces in the CIS • Volume of production in the manufacturing industry of Russia, Ukraine and Belarus • Purchasing power of the average salary in Russia and Ukraine • List of products consumed in Russia, Ukraine and Belarus • Russians in Central Asia and Transcaucasia • Georgian- Abkhazian conflict • Georgian-Ossetian conflict • Transcaucasia • Nagorno-Karabakh • Economy of the Baltic states • Transport of the Baltic states • The question of the occupation of the Baltic countries by the Soviet Union • The role of the IMF in the economic development of the countries of the former USSR
CountriesAbkhazia (Economy, Industry) • Australia (Coal Industry) • Azerbaijan (Economy) • Albania • Argentina (Economy) • Armenia (Foreign Trade) • Afghanistan • Belarus (Economy, Agriculture, Personal Income, Foreign Economic Relations, Export, Import, Natural gas transit, IT sector, Place in international rankings) • Brazil (Economy) • Great Britain (Corruption, Human Rights) • Honduras (Economy) • India (Mechanical Engineering, Coal Industry, Population Income) • Iran • Ireland (Personal Income) • Iceland (Economy) • Kazakhstan (Engineering, Defense Industry, Foreign Economic Relations, Foreign Trade) • Canada (Coal Industry, Housing, Human Rights, Corruption) • Qatar (Qatar, Natural Gas Export) • China (Economy, Engineering, Coal Industry) , Finance, Foreign Trade, Export, Government, Price Liberalization, Corruption) • Latvia (Economy, Foreign Trade, Stateless Persons) • DPRK (Economy) • Libya • Lithuania (Economy, Armed Forces) • Mexico (Export, Import) • Moldova (Foreign Trade) • Mongolia (Ulaanbaatar Metro) • The Netherlands (Economy, Corruption) • Nicaragua • Pakistan (Terrorism) • Poland (Manufacturing, Mechanical Engineering, Automotive, Coal, Export) • Saudi Arabia (Economy) • Finland (Housing, Human Rights) • France (Corruption, Human Rights) • Switzerland (Economy) • Sweden (Human Rights) • Estonia (Economy, Transit, Shadow Economy, Armed Forces) • South Africa (Economy, Coal Industry, Income ) • South Korea (Economy, Corruption) • South Ossetia (Economy) • Japan (Industry, Mechanical Engineering, Foreign Trade, Personal Income, Corruption, Prosecutor's Office)
PersonalitiesDmitry Medvedev • Alexey Kudrin • Vladimir Kasatonov • Evgeny Rybin • Sergei Gorkov • Uvais Magomadov • Tamerlan Khasaev • Yusuf Krymshamkhalov • Zaur Akavov • Arasul Khubiev • Lechi Islamov • Mikhail Kodanev • Tony Blair • Vladimir Ehrenburg • Sergei Oganesyan • Mario Blumenfeld • Ilyaz Muslimov • Igor Strelkov • Sergey Karnaukhov • Valery Maltsev • Dmitry Gololobov • Mireille Mathieu • Denis Nikandrov • Boris Lomakin • Igor Danilevsky • Alexey Navalny • Evgeny Moskvin
V.V. PutinPutin and Russian reforms • Presidency • Third presidential term • Presidential decrees • Socio-economic policy • Putin and the Russian economy (Industry, Automotive, Shipbuilding, Fuel and Energy Complex, Agro-Industrial Complex, Housing and Public Utilities, Taxation, Personal Income, State-Owned Companies, Formation of the MFC) • Putin and Demographic politics in Russia • Putin and healthcare in Russia • Putin and transport • Putin and the Russian judicial system • Putin and alcohol in Russia • Putin and corruption in Russia • Putin and Russian foreign policy • Putin and the post-Soviet space • Putin and education in Russia • Putin and regions of Russia • Russia during Putin's presidency • Initiatives • Performance evaluations
RightInternational search • International tribunals • Closed court hearings • Legal regime of the Caspian Sea
International relationshipsDiplomatic relations • Shanghai Cooperation Organization • ASEAN • Anti-Corruption Group • • China's policy in Central Asia • NATO policy in Central Asia and the Caucasus
OtherGRICS • Football transfer • Nanotechnology • Lev Sharansky • Creative party of freedom of conscience • Interethnic conflicts • Caspian Sea • Corruption • Delayed malfunctions in planes • Discrimination of Russians • Islamic extremism • Spacecraft deorbiting • Caspian region • Spacewalks • Perception index corruption • Parental responsibility for leaving children unattended • Illegal armed formation • Human rights in the European Union • Counter-Strike terms • An-2P • Tetrachlorethylene • Carbohydrates • List of countries by number of hospital beds per 1000 population

Source - ""

Category: Courts

Holding open meetings with restrictions

An open meeting presupposes the possibility of the presence of any persons, including representatives of the media. Journalists are usually attracted to high-profile trials. Ordinary citizens often go to court out of curiosity or professional interest.

In open meetings, those present have the opportunity to record the progress of the hearing, in particular, make audio and video recordings, make written notes, drawings, etc. Sometimes such actions interfere with legal proceedings. To limit the recording of meetings, the court has the right to establish a special ban. This does not make the process closed, but it cannot be called completely open either. Typically, courts refer to an obstacle to an objective examination of evidence, a threat to the safety of participants in the process, and a violation of their rights and legitimate interests. The use of technical means may create noise or other interference with the normal course of the process. This also sometimes appears in the grounds for establishing restrictions.

In order for the court to establish prohibitions or restrictions, a participant in the process may file a corresponding petition. But the final decision is up to the court. Quite often, judges do this so as not to create a stir due to the influx of visitors and journalists in high-profile cases. In this case, such persons are simply not allowed into the room where the hearing is taking place, citing the interference with the conduct of normal proceedings and the calm examination of evidence.

In general, closed meetings are considered a last resort. They are held infrequently. Mainly in criminal cases of sexual crimes, murders with particular cruelty, etc., as well as in almost all cases related to state secrets.

Responsibility for violation of order

The proper order in any court hearing should not be interfered with by the actions of citizens present in the courtroom and taking photographs, video recordings, video and radio broadcasts permitted by the court. These actions must be carried out in places specified by the court in the courtroom and, taking into account the opinions of the persons participating in the case, may be limited by the court in time.

The presiding judge on behalf of the court may issue a warning to a person who violates the order of court hearings; if the order is violated again, this person may be removed from the courtroom on the basis of a court ruling for the entire duration of the court session or part of it. Failure to comply with a lawful order of a judge to stop violating the order entails an administrative fine in the amount of 500 to 1000 rubles and administrative arrest for up to 15 days.

Failure to comply with a lawful order of a bailiff in the process of stopping a violation of order in the courtroom also entails the imposition of an administrative fine in the amount of 500 to 1000 rubles.

In cases where violation of order during the consideration of a case constitutes a crime, the citizen may be held criminally liable.

How many court hearings in civil cases are there before a decision is made?

It is impossible to answer unequivocally the question of how many court hearings in civil cases there may be before a decision is made. If the case is simple and of the same type, then, as a rule, a preliminary court hearing is held first, and then the main hearing is held, based on the results of which a decision is made. In this case, the preliminary and main examinations in certain cases can be carried out on the same day.

There are quite complex civil cases, and there may be five, ten or more court hearings. Some processes can take years. Judges in complex cases sometimes violate the deadlines for consideration of cases, and sometimes, so that such deadlines are not violated, each time someone is involved in the case and the consideration of the case begins all over again, and this can be done more than once, which leads to the consideration of some cases for six months or more.

Thus, the number of court hearings will depend on the complexity of the dispute, on whether other persons are involved in the case or not, whether counterclaims are made, whether there is a need to request additional evidence and to postpone the case if, for example, no response has been received at the request of the court.

How to postpone a court hearing in a civil case?

In order for the hearing on the case to be postponed, it is necessary to file a motion to do so. In this case, the request for adjournment must be motivated, there must be good reasons for the adjournment, for example, a participant in the process is ill and is on sick leave, in such a situation you can call the secretary and ask for a telephone message in which to ask for the adjournment of the case.

If there are any other valid reasons for adjournment, you can submit a written request for adjournment and submit it at the meeting, attaching it in writing.

You should not be sure that the judge will definitely postpone the trial. It often happens that the judge denies the request for an adjournment and continues the hearing, and ultimately makes a decision.

The hearing may be postponed by the court itself if, for example, one of several plaintiffs does not appear, and the court considers that the case cannot be considered without such a plaintiff.

Court hearing of the appellate instance under the Code of Civil Procedure of the Russian Federation

The appeal hearing is held according to the rules for considering cases in the court of first instance, with its own characteristics:

  1. The presiding judge announces what case is being considered, for what complaint, what court decision.
  2. The identities of the persons who appeared at the meeting are established, and their rights and obligations are explained.
  3. Next, the court reports the essence of the case, after which the persons participating in the hearing are heard.
  4. If there are petitions, the court will read out the evidence in the case and examine new evidence if it is added to the case.
  5. After this, the court will invite the participant in the process to speak in the debate and make remarks.
  6. Next, the court will retire to the deliberation room to make a decision on the case and subsequently announce its participant in the process.

In general, in an appeal, the consideration of the case occurs, as a rule, in a more expedited manner compared to the court of first instance. Our lawyer at the Law Office "Katsailidi and Partners" in Yekaterinburg can help you at any stage of the process - call and schedule a consultation with us today!!!

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