How to behave in a court hearing. Self-defense in court. Who can attend an open court hearing
At school, we get a lot of unnecessary knowledge that 99% of the population never comes in handy in life. But understanding how to behave in court would allow us to overcome legal nihilism and teach the citizens of our country to live according to the law, and not according to concepts.
General judicial provisions
Regardless of which side the person represents at the meeting, he must adhere to the following rules:
- All forces must adhere to generally accepted standards of decency. Even if the opposing side allows itself provocations, the only thing that can be done is to seek protection from a judge;
- Unauthorized replies out of turn, loud conversations with neighbors, interrupting opponents are prohibited. Repeated violation of the rules entails a fine;
- If you find false information, you should point this out to your defender;
- Do not try to manipulate the emotions of the meeting participants. In the vast majority of cases, such attempts lead to the exact opposite result;
- Even if it becomes clear that the scales are tipping opposite side, you cannot emotionally react to it. If the tantrum is particularly strong, the judge may insist on an examination;
- Special respect should be shown to the referee. It is necessary to fulfill all his requirements without further comment.
In this video, lawyer Taras Yusupov will tell you how to behave in court during civil, criminal or administrative cases:
How should the defendant behave in court?
The person acting as the defendant at the meeting should show special care and accuracy. From that how will the trial go, his future life will depend.
Therefore, you should not neglect any of the tips below:
- Before you appear in court, you should thoroughly familiarize yourself with the provisions of the current civil legislation. It is there that the key rights and obligations of the party are listed;
- Contact the judicial authority with a request to provide the case. Studying his materials will make you feel more confident in the meeting;
- Describe in advance an approximate defense alignment algorithm;
- During the meeting, it is worth adhering to the order set out in the Civil Code. In order to express his position, the defendant is assigned special time... In case of violation of the sequence, the judge has the right to point out the error to the person;
- If the defendant is not sure that the outcome of the hearing will turn in his favor, then he should turn to qualified defense lawyers.
How should the plaintiff behave in court?
The plaintiff is the person on whose application the court is being held. Therefore, the level of requirements for it tall enough:
- The plaintiff must come to the courthouse as many times as necessary to conduct the case. If he ignored this requirement at least twice, the proceedings are ended;
- The plaintiff has the right to be the first to call everyone necessary witnesses, require Additional materials investigate, conduct research;
- He is also the first to present his point of view. In the course of the story, the judge can insert remarks to clarify the essence of some questions;
- If you have any questions to the opposite side of the case, you can redirect your request through the arbitrator;
- The law allows recording the proceedings of the meeting on digital media;
- Violations noticed must be recorded in the protocol. If the plaintiff is not satisfied with the outcome of the case, he has every right to appeal to a higher instance.
How to behave in court in case of divorce?
It is not uncommon for spouses to decide not to divorce through record bodies civil status, but in a judicial order. Main question, which is decided during the meeting - who will take care of the children.
The outcome of the case may depend on how a person behaves at the hearing:
- It is imperative that you arrive at the appointed time of the meeting. Gross lateness can expose a person in an unseemly light;
- Long before crossing the threshold of the courthouse, you need to decide for yourself what interests are worth defending (about property, children, etc.) It will be extremely difficult to find out the relationship directly during the meeting.
- All documents presented judicial authorities should contain all necessary information, otherwise divorce proceedings will drag on for a long time;
- During the hearing, you need to speak exclusively on your own behalf, and not oppose someone else's opinion, emphasizing your innocence;
- In no case should you interfere with your children in open scandals. The stress a child receives can seriously affect his psyche and even cause disgust for both the father and the mother.
How should a witness behave in court?
Often it is the words of the witness that affect the reputation and fate of the accused. Therefore, increased requirements are imposed on this participant in the hearings:
- Witnesses summoned to trial must appear in it... Violation of this rule may result in administrative action. Moreover, even if a person lives in another city, he must fulfill the requirement of the law. True, in the latter case, he can claim compensation for travel costs;
- It is strictly forbidden to tell a deliberate lie: for this, special articles are provided in the Criminal Code;
- You can't pour your brilliant guesses and assumptions. You need to express your speech succinctly and to the point;
- Give an answer only to the question posed. Anything else can play a disservice to a person;
- If a relative of a witness is in the dock, then the latter has the right to remain silent without fear of prosecution;
- Previous handwritten notes may be used. Before the start of the hearing, they must be presented to the court.
Rules of Conduct for Judicial Officers
On the shoulders of the members of the judiciary lies the responsibility of maintaining the rule of law in the territory of the country, within the framework of which they are obliged to:
- Regardless of the specific situation, always prioritize the rule of law and the rights of citizens;
- The employee must be a professional in his field and thoroughly know all the necessary legislative framework;
- An employee must demonstrate self-confidence and calmness in the line of duty. With all his appearance, he must maintain the reputation of the judiciary in Russia;
- At the time of the performance of his duties, the employee should not in any way create obstacles to other participants in the meeting;
- You must not let your personal beliefs and stereotypes influence the judicial process;
- Citizens must be treated in a respectful manner, by name and patronymic;
In civil proceedings, participants often act without the help of a professional legal representative. How to behave in court civil case if you are not ready to use the services of a lawyer?
After the citizen has been provided with legal advice, he becomes confident that he is able to independently cope with his case. In civil proceedings, participants often act without the help of a professional legal representative. To achieve desired result very difficult, but there are such precedents, which means that when proper preparation to the process it is quite possible to persuade the court without the help of a lawyer. Several useful recommendations on this score.
Preparing for the process
The plaintiff as the initiator of the hearing is faced with a much larger number of claims than the respondent. In particular, this applies to the preparatory stage of the entire process. It is important to comply with the requirements for the correct preparation of documents, because even if there is one mistake or inaccuracy, the claim will not be accepted for consideration. Therefore, in order to draw up a claim, you still need to contact specialists. In order to save money, you can try to draw up a document yourself, and then ask a lawyer to point out any inaccuracies.
The same applies to the procedure for filing a claim: here you need to comply with the mandatory regulations, pay state fees and do not violate deadlines... A specialist can consult a person about all this at any law firm... And after the claim is accepted for consideration, the plaintiff will need to prepare a specific plan. In jurisprudence, this is called the line of defense.
Developing a line of defense
It is imperative to know that the court is not interested in some general words, guesses and assumptions. Each argument must be supported by evidence, and preferably documentary. If we are talking about the amount of damage, then the main argument will be an expert opinion. In addition, any contacts (as well as attempts to such) with the defendant must be described and fixed in the document before the trial.
Of course, the debates of the parties without the participation of witnesses lose their direct purpose, therefore the plaintiff will have to take care not only of the availability of a documentary base, but also of attracting witnesses (or citizens who have something to say at the trial on the merits of the case) to their side.
The legislative framework
Finally, a detailed study legislative framework is also required. Before the process, you need to form something like a case from regulatory legal acts, and try to delve into their content as thoroughly as possible. These are the main rules that must be followed even if the process is obviously winning.
Participation in the process
In the early stages, you will need to overcome some of the anxiety caused by the formal setting. Because the plaintiff has an original plan, and with general procedure he is already familiar with the behavior at the trial, then problems should not arise. The performance should have the following structure:
- clearly delivered speech (even if "something went wrong");
- compliance with the scheme: argument / documentary evidence / reference to the law;
- lack of excessive reverence for the defendant's lawyer (it is necessary to understand that the specialist may have prepared much worse before the trial);
- it is advisable not to enter into lengthy discussions with the court;
After the end of the trial
Regardless of the court's decision, after the completion of the process, the plaintiff still has extra work... If the decision is negative, it will be necessary to prepare for the appeal, and if it is positive, it will be necessary to independently seek execution judgment... Most citizens still prefer to turn to lawyers, but for some, the price for their services is not always elevated. Therefore, try to defend your interests on your own.
For every person, a subpoena is enough unpleasant situation and it does not matter at all what the case is connected with, in which you received the subpoena.
Legal proceedings in a particular city are no different, because the special procedure that provides for the conduct of court cases is enshrined in the legislation of the Russian Federation.
In addition, if you are going to court, you need to know special rules judicial etiquette.
First of all, prepare clean and non-defiant clothing for such a visit. If you would like to ask the judge about a question, check the judge's office hours when the visitor is received. You should be aware that court employees do not have the right to give one or another lawyer consulting or draw up procedural documents. In this case, you should contact a lawyer who provides such services.
After you come to court, do not forget to inform the clerk of the court session about this.
A call to the courtroom is to be expected in the corridor. It should be noted that in some cases such a wait may take three or four hours.
Before you enter the hall, first turn off your mobile phone.
In addition, you should not read the newspaper or talk during the trial.
When a judge enters the hall, it is imperative to stand up.
All actions in court, including asking questions or providing answers to questions posed to you, should be done only while standing.
Never try to argue with the judge or interrupt other participants in the process, because this will look ugly and impolite. In addition, in such cases, you may be warned or removed from the courtroom.
The legislation establishes a special appeal to a judge, which is the phrase “ Dear Court". If we consider the practice, in most cases you can hear the appeal in the form “ Your Honor».
Don't express your emotions and answer all questions clearly.
Never ask questions of the court or representatives of the prosecutor's office, because these participants in the trial do not answer questions.
You can express your opinion on this or that issue only when the court has given you the floor.
During the trial, you must carefully follow all the requirements of the judge, otherwise you may be held liable for contempt of court.
Don't interrupt your opponents... Only after they have expressed their arguments can you ask your questions.
In the event that you have documents that can confirm some facts that relate to this trial, they should be presented to the court.
The petitions that you can make on a particular issue are submitted before the start of the consideration of the case.
If for one reason or another you are not able to appear at the trial, you can send a petition to the court to postpone the consideration of the case, in which it is imperative to indicate the reasons and, if any, their evidence.
The court session has several parts, including:
The preparatory part is a special part when the court finds out all the conditions for considering a particular case. It is in this part that the name of the judge and his secretary is announced. In addition, the judge checks the documents of all participants in the process who appeared at the hearing. If one of the participants is absent, in this case, the issue of considering the case without him is resolved.
The preparatory part is characterized by the declaration of the rights of all participants in the court session and the acceptance of the petition, if any.
Consideration of the case on the merits can be called the central part of the trial. This part examines all the evidence and circumstances that are relevant to the case.
The court listens to the explanations of all participants in the process and asks additional questions, if necessary. In most cases, the plaintiff's evidence is considered first. In addition, at this stage, witnesses are invited to provide information on the case and their arguments. All witnesses can be interviewed only if there is a corresponding request in the case.
When you go to court, you should remember that you are going to the justice body and must respect the court, those who work there and visitors to the court.
HOW TO GO TO COURT?
You can submit a statement of claim, complaint, petition or any other document to the court: by mail, Submit the documents as a Valuable Letter with an Attachment Inventory. Keep the document that you receive in the mail, confirming the sending of documents (this is very important). REMEMBER! The date of the relevant action is the day the document was submitted to the post office, determined by the postmark, and not the day the letter was received by the court. With your own hand through the court office You can transfer documents to work time to a court employee who accepts incoming correspondence and registers it. Take with you a copy of the document you are submitting to
Within the framework of the case in which the proceedings are open, at the beginning of the document it is advisable to indicate the registration number of the case, which will make it possible to promptly transfer the appeal to the appropriate judge (do not forget about the mark on your copy).
HOW TO PREPARE FOR A VISIT TO COURT?
Take with you:
- an identity document, preferably a passport;
- small money for unforeseen expenses (copies of a court decision or other);
- several sheets of paper or a notebook and a pen or pencil;
- all your notes that you made during the preparation for the trial;
- documents that relate to the case, other evidence;
- legislation;
- you can take a dictaphone in order to play back and listen to the recording at home;
- you can take a camera to make photocopies of documents in the case (it can only be used with the permission of the court).
DRESS CODE
It is advisable to wear a suit or other business clothes... Avoid going to court in a T-shirt, shorts, tracksuits adidas.
Come to court on time and preferably in advance! If you are unable to come to court, notify us in writing in advance.
WHAT SHOULD BE REMEMBERED WHILE STAYING IN THE COURT?
In the courtroom, the mobile phone must be switched off as it cannot be used.
Be calm and restrained.
Avoid being overly emotional.
REMEMBER, there are two categories of specialists working in the court: judges and court staff. Judges are prohibited from meeting and communicating with one of the parties or its lawyer in the absence of the other party or its representative.
The judge cannot comment on the facts of the case he is considering. Therefore, do not look for a meeting with the judge in the office or corridor. Assistance in organizational matters of the work of the court should be provided to you by the employees of the court apparatus.
HOW TO DO YOURSELF DURING THE HEARING OF THE CASE?
It is customary to enter the courtroom after an invitation from the court bailiff or the secretary of the court session. Stand at the entrance of a judge or a panel of judges into the courtroom and stand up every time a judge addresses you, standing to answer or ask questions.
- Address the judge “Your Honor”.
- Politely address the participants in the process.
- Do not interrupt the court and the participants in the process, if you want to be given the floor - raise your hand.
- When you desperately need to leave the courtroom, you can apply for a break in court session.
Do not argue with the court!
Transfer documents and other materials related to the case to the judge through the court bailiff or the secretary of the court session.
Answer questions succinctly, clearly and loudly so that everyone in the courtroom can hear.
WHAT ARE THE NEGATIVE CONSEQUENCES OF BREACHING THE RULES OF CONDUCT IN COURT?
A warning: for violation of the rules of conduct in court.
Removing the intruder from the hall: for violation of order after the court issued a warning.
Fine or administrative arrest: for contempt of court.
HOW DO I SEE THE MATERIALS OR SOUND RECORDING OF THE PROCESS?
Contact an employee of the court apparatus with a corresponding request.
Acquaintance with the materials of the case or listening to the phonograms of court hearings can only take place in the courtroom and in the presence of an employee of the court apparatus.
Extracts and copies can be made from the case materials. It is strictly forbidden to write, delete separate sheets or otherwise damage them.
You have the right to receive an electronic copy of the court session free of charge by submitting a CD for recording.
They say that everything happens for the first time. And then one day a postman knocks on your door and hands over an unusual letter under signature. The envelope is pale, without a picture. The red stamps and the word "judicial" are striking. It is in such envelopes that troubles are sent. The first thought then is: “What's in the envelope? To court?! Why on earth ?! "
First you need to calm down, sit down somewhere and open the envelope. So what's in it? Since our country is large, and there is little order in it, there are options here. The envelope may contain: a subpoena, the text of the statement of claim and a copy of the ruling on the preparation of the case for trial... Or maybe only an agenda.
The more documents there are, the more information can be extracted from them at once. If there is statement of claim, from it you can find out who, on what grounds and exactly what requirements have presented to you. If there is no statement of claim, then you will only find out that you are going to court as a defendant, you will find out who made the claims against you (the name or organization that you often do not know), and the most general information about these requirements. And, of course, the time and place where you must appear.
So, you are being summoned to court as a defendant. This means that it has been brought against you. That is, someone thought that you violated his rights and went to court to protect his rights. And the court accepted this statement for consideration. Now you have a trial.
What to do? Is it possible to do without a lawyer?
First, don't panic. Fortunately, you are a defendant, not a defendant or a defendant. This means that you will not be judged. You will not be handcuffed or tortured. In a civil court, as a rule, the fate of property and property rights is decided.Secondly, calmly and judiciously decide what to do next.
You can, of course, give up and not go anywhere. Many people do just that. “Legal services are expensive. You can't prove anything to our court anyway. One disorder. I will not waste money and nerves. " As a result of this attitude, the court considers the case in the absence of the defendant on the basis of evidence presented by only one party - the plaintiff. Needless to say, even the most objective and honest judge, deprived of the opportunity to see the problem from all sides, can make a decision not in your favor? You can’t quit the trial! You need to actively participate in it. You need to defend yourself. To one degree or another, the results of the trial, as a rule, can be influenced.
For those who have a proven lawyer and have money, there is no dilemma: they hire a specialist. And they are doing the right thing. If there is no money or no lawyer you can trust? Or is the case so small that any of its results cannot be compared with the remuneration of a lawyer? Is it possible to do without a lawyer?
I will say right away: it is more difficult for the defendant to do without a lawyer than for the plaintiff. Defense, unlike attack, is asymmetric. Sometimes such moves are the most effective, and without a specialist they will not be available to you. Still, it is better to defend on your own than not to defend at all. Moreover, at the first stage, you do not need a lawyer.
Stage one: understand what's going on. Familiarization with the case
The extent to which you are aware of the claim filed may vary. It's one thing when you flooded your neighbors, did not agree with them in assessing the damage caused, and every day you check if there is a summons in mailbox... Another thing is when a claim is brought against you by a bank on the basis that you, at the request of your former colleague two years ago we put our signature in the surety agreement. So, regardless of whether you know why the plaintiff decided to go to war with you or not, and even especially if the name of the plaintiff does not tell you anything, you should fully understand the situation and find out: - who wants to sue you;
- on what basis;
- what exactly does he want from you;
- with what evidence he substantiates his claims.
Stage two: assessment of the situation
Then go home and to calm atmosphere study all the papers on the computer. With careful and leisurely study, you can find in them a lot of interesting things that you would not pay attention to right away. Remember all the circumstances of the case. Was what the plaintiff wrote about in reality? Are the facts stated correctly in the statement of claim? What's wrong? Objectively? Is it full? What's missing? Have you performed the actions indicated by the plaintiff? Are you the person who should be responsible for the claim? Are there any circumstances precluding your fault? What relevant evidence do you have? Where can I get them? Find them and study them carefully. Are there any contradictions between them and the evidence presented by the plaintiff? Consider everything.Stage three: self-preparation for defense
Now you know the essence of the claim. You know what the court has at its disposal. But you have no special knowledge. How to defend yourself? First, there are a few things that can be done without any special knowledge. For example, you can try to find weak spots in calculating the amount of the monetary claim (arithmetic errors, incorrect initial data: period, rate, method of determining the amount of damage, etc.). It is necessary to try to refute each of the evidence presented by the plaintiff (inconsistency with reality, lack of signatures, seals, contradictions in various evidence). But don't get too carried away with it! Readers of MirSovetov should understand that the main task is to deprive the force of evidence, and not undermine it with sweeping statements. You need to think about what kind of evidence you can refute the evidence of the plaintiff and destroy his position (documents, testimony, material evidence, expert opinion). This evidence needs to be obtained. If you cannot get them yourself, prepare written request on the demand for evidence. Samples are available online.
Secondly, you can also form a legal position on the case without a lawyer. It’s not easy, but it’s possible. To do this, you need to find court practice in similar cases. It is best to use well-known legal reference systems (Consultant plus, Garant, etc.). There are access points to them in universities, libraries, organizations, but you can also look for practice on the Internet. The more it resembles your case and the fresher the practice, the better. Look for court orders that have denied claims in similar cases. Look for the rulings of the highest courts... Extract the argumentation from there with references to regulations.
All your counterarguments must be stated in writing, titled the document "objection to the statement of claim." Internet to help you! In it, make references to regulations and court practice that is beneficial to you. Point out any shortcomings in the claimant's position and evidence. Produce the required number of copies (for the court and persons involved in the case). Sign up.
Stage four: you are in court
There is no need to be afraid of going to court. This is unpleasant, but not fatal. Approximately how to go to the clinic. Or to dentistry. Not private. In general, you will survive! I will not advise you to read the Civil Procedure Code of the Russian Federation. Not knowing the process is unlikely to hurt you. The court will explain to you when to stand up, when to be silent, when to speak. The reason for the failure may be ignorance of substantive nuances. But the easiest way to find out about them I have already indicated - arbitrage practice for similar cases. Seek and find.
Taking a subpoena, passport and objection to the statement of claim, go to court. We look at the time and place of attendance on the agenda. Do not take stabbing, cutting, grenades, etc. There are metal detectors at the entrances to the courts. If it rings, the bailiffs will make you turn your pockets. Or show the contents of the purse. This will distract you from thinking about the process. Come to the court about ten minutes before the start of the session and be sure to inform the assistant judge that you have come. Otherwise, the court will be waiting for you inside, and you outside, and the beginning of the session may be delayed.
The objection to the statement of claim must be handed over to the plaintiff (and other persons participating in the case, if any), against signature on one copy (received such and such a date, such and such), which you will then hand over to the court. The objection can be handed over to the plaintiff immediately before the start of the court session or during it, when you are given the floor. When you go to court, you need to get up. Look to the court or judge: "honorable court" or "your honor".
First, the court will check the attendance, verify the identity, clarify the rights, and so on. Then he will give the floor to the plaintiff. Asks you to ask questions to the plaintiff. Get ready for this. Prepare questions in advance. The purpose of the questions is to focus the court's attention on the weaknesses of the plaintiff's position or to force the plaintiff to let slip about circumstances that are unfavorable to him. Attention: no questions are asked to the court! Then they will give the floor to you. If you have not served your objection with the plaintiff, do so. Then serve a copy with the court and verbally state your objection to the claim. Try to convince the court that you are right.
Submit evidence. File a Request for Evidence. Carefully study Art. 57 Code of Civil Procedure of the Russian Federation. Ask to call witnesses, if you have any. It is better to prepare a written request for this in advance (see Art. 69 of the Code of Civil Procedure of the Russian Federation).
As a rule, several sessions are held on each case. One to three. For complex cases, there are more. If at the hearing the plaintiff will present new evidence to the court, ask to provide copies of them to you. If this is not done, you will have to repeat the procedure for reviewing the case materials again. Readers of MirSovetov will find it useful to know that the plaintiff can present evidence to the court between sessions through the office, keep this in mind. You may not know about it. The judge is obliged to inform you about this. But it happens in different ways.
After questioning each complainant witness, ask him questions. Try to undermine the court's confidence in the testimony of witnesses. Ask the plaintiff's witnesses the same questions about the details of the situation that they could not help but notice. Try to catch them in contradictions. Draw the court's attention to these contradictions.
If necessary, prepare written addenda to the objection to the statement of claim. In them, assess the new evidence and the plaintiff's arguments.