How to communicate with the judge at the court session. How to behave in court in different situations

how to behave in court, the procedure for conducting a lawsuit

How to behave in court during the trial they know not all. Many, being in the civil procedure, behave like a production meeting, which causes irritation of judges and other participants in the process, leads to an unfavorable court decision. Hence, the participants of the Civil Process need to know how to behave in court.

The procedure of the trial is regulated in detail by law, which the judge and all participants in the process are obliged to strictly observe. In practice, the judges often violate the procedure of the trial, but the main provisions are still always adhered to.

At the entrance to the court hearing of the judge (judges), all those present in the hall are obliged to get up. You can sit down after it is offered to make the presiding judge.

Indications by the parties, other participants in the process, the witnesses are given in court. Only with the permission of the judge, the testimony can be given the court sitting. It should be remembered that the testimony is given to the court, and not to the participants of the process, therefore, when the participant of the process gives the testimony, he must apply to the presiding judge and not to join the rewriting with other participants in the process.

The presiding judge then finds out the court session at the Secretary, who appeared to the court of people caused by him. If someone has not appeared, the well-known causes of non-appearance are reported. Appeal witnesses, specialists are removed from the courtroom. In practice, they are in the hall and not allowed, warning them to wait for them when they call the judge to the hall.

After that, the judge announces which civil case is listening to what composition, with whose participation, and finds out the parties and third parties do they have undersecated to the judge, the secretary of the court session or the prosecutor, if he participates in the process.

If the judge is declared, the judge alternately finds out the opinion on the declared allure of all participants in the process and is deleted to the advisory room to resolve the declared removal.

If the removal is not declared, then the judge clarifies the parties and third parties their rights and obligations. After clarification of the rights, the judge finds out these individuals whether they have the petitions before the start of the trial (on the challenge and interrogation of witnesses, admission to the materials of the case of documents or research and attachment to other evidence, on the appointment of expertise and others). If the petitions are announced by anyone, the presiding judge, finding out the opinion of the participants in the process according to the claimed petition, allows it in essence, that is, satisfies or refuses to satisfy.

The Court then finds out the opinion of the participants in the process of the possibility of consideration of the case in the absence of an appeared party, its representative. After finding out the opinion of the participants in the process of the judge decides on the continuation of the hearing of the case or its sediment and re-call all participants in the process.

Often, due to the non-appearance of the participants in the process, the trial is repeatedly postponed, due to the lack of information about the proper notice of the party about the time and place of the hearing of the case. Parties often express their discontent about the deposits of the case, but completely in vain. If the court consider a civil case in the absence of a non-revealed defendant, information, about the proper notification of which is absent, the higher court on the respondent's complaint will cancel any decision that would not be correct.

The court cannot consider the civil case in the absence of the plaintiff, if he did not ask about it. In the event of a re-showing without a valid reason, the plaintiff, the judge has the right to make the definition of leaving the application without consideration.

If the place of finding the defendant is not known, the court attracts to participate in the case for presenting the interests of the defendant of a lawyer.

If all parties appear or the court recognizes the reason for the failure to appear the defendant disrespectful, the judge reports the case, that is, sets out the being of the claimed claims. After the announcement of the case, the judge asks the plaintiff whether he supports his claims, and the defendant recognizes whether he recognizes these requirements, similarly to this issue it turns out from third parties.

Then the judge offers the plaintiff or his representative to present his claims. After presentation by the plaintiff or his representative of the claims, the judge asks the defendant, his representative, third parties, the prosecutor, whether they have questions to the plaintiff essentially set out requirements. After the answer to the question, you can ask the following question. When answering questions, you should not interrupt the plaintiff, comment on his answer, join the controversy with the participants of the process. Firstly, this is a violation of the procedure for conducting a process, in the second will not bring benefits to the parties, since the secretary of the court session controversy between the parties to the protocol does not record.

After the questions of the plaintiff will define all the participants in the process, the questions asks the presiding judge. After questions of the presiding party, ask a question only with the permission of the judge.

After questions, the plaintiff is given the defendant who expresses his objections on claims. Then, the defendant alternately ask questions the plaintiff and his representative, third parties, the prosecutor and the judge.

After interrogation of the parties, the court passes to the interrogation of the witnesses of witnesses. Before interrogation of the witness, the Court warns his criminal responsibility for the gift of obviously false testimony. Initially, witnesses are being interrogated by the plaintiff, and then by the defendant. Interrogation of their witnesses lead sides or their representatives. After presenting a witness of the testimony, he asks the questions of that party, on whose initiative was caused by witnesses, then the other side of the process. After all the participants in the process, the questions asks the judge.

After the interrogation of witnesses, the court interrogates a specialist, an expert, if parties petitioned about it.

After all interrogations, the judge announces the beginning of the study of civil matters. The judge reads the documents in civil cases, if there are questions about the documents, asks them as a document submitted to the document.

After researching materials, the court invites the prosecutor to give his conclusion in the case. After the conclusion of the prosecutor, the Court finds out the participants in the process, whether they have any statements or petitions. If so are there, the court allows them.

After that, the court declares the trial completed and proceeds to the debate. The first in the debate is the plaintiff and (or) his representative, then a third party on the side of the plaintiff. Further, the defendant and his representative, a third party on the side of the defendant, acts in the debate. The latter is the third person who has declared an independent requirement, if any.

After the speeches of the parties and third parties everyone has the right to perform a separate replica.

At the end of the debate, the court is removed in the advisory room to make a decision. When removing the judge, all process participants get up.

After reaching a court decision, the court returns to the courtroom and announces a complete decision or only its operative part. The announcement of the court decision is listened to standing.

After the announcement of the decision of the court, the judge explains to persons participating in the case and the procedure for appealing a court decision. If the judge announces only the operative part of the decision, he explains when the parties can familiarize themselves with the full court decision.

For violation of the order at the court session, the judge is entitled to declare a remark, remove the violator from the courtroom, impose a fine of up to 1000 rubles.

In accordance with the law, the participants in the process appeal to the judges in the "Dear Court" process. The appeal to the words "Your Honor" is provided in the criminal process. Hence, the appeal to the presiding judge in the civil procedure "Your Honor", from the position of the law is incorrect.

The audio record of the court session can conduct participants in the process freely, for this you only need to notify the chairmanship. Refusal to conduct audio records Court cannot. Maintaining a photo and video filming is possible only with court permission. Seeing audio recording, photo and video shooting You should not break the order at the court session may follow a litigation.

The article on how to contact the judge at the hearing read the article

According to statistics, most marriages sooner or later end with divorces. You can not always break the official relationship simply, sometimes you have to go to court.

Statistics of divorce disappointing

Some married couples can officially terminate relationships exclusively. These cases are listed below:

1. partners did not come to a common opinion about the divorce;
2. spouses are presented with property;
3. there are general.

Ban for divorces

The law stipulates the cases where the spouses are not allowed. If the following situations occur, the divorce procedure is postponed:

• And I do not agree to divorce.
• The overall child did not reach the age of 1 year (even at the birth of a dead baby, divorces are not conducted without the consent of the woman, while after delivery will not be a year).

Each spouse has the opportunity to submit documents for divorce by remote method. If it is impossible to present his interests, you can invite a trustee. Then the person who will choose one of the spouses will completely replace him in court and answer questions. You can submit a petition for refusing to attend the process. Then the spouses do not have to be on the process, everything will be considered without them.

Preparation for a court

If you do not work, you turn to court

At the court session, all circumstances of the divorce will be considered. Therefore, you need to be prepared for what will ask different questions. The list of questions to the sides of the judge forms from the presented. The statement of claim formulates the following requests:

• make a decree on divorce;
• allow questions related to the sharing section;
• identify the main points associated with the payment of alimony;
• solve children's residence.

Depending on mutual claims, each of their spouses should prepare for the meeting, collect a package of documents that can be useful to confirm their position. Eats a standard list of documents that always need:

1. (with a copy of all pages);
2. marriage certificate;
3. all common children;
4. documents confirming the availability of ownership;
5. certificate of income;
6. certificate from the passport table about the composition of the family;
7. receipts about paid.

The absence of any of the listed papers can cause a stopping of the marriage process. It is impossible to share, for example, the country that there is no documents. Therefore, it is necessary to reinforce all your words by official documents. To start the start to move, the statement is first filled. Fill this document has its own rules.

How to make a suit?

Without trial sometimes not to do

The statement of claim submits the initiator of the marriage process. There is a special form that is filled by bringing all the necessary information regarding the circumstances of the divorce. There must be written in passport details, explain in detail the reasons that prompted the dissolution of marriage. At the same time, it is necessarily said that reconciliation is impossible.

If there are disputes on property, there are common children, all this must be fixed in the statement. The application must come from both spouses, but 2 separate blanks will have to fill. At the same time, the essence of the statement will coincide. If one of the spouses against the divorce, then the application is fed from one that seeks to break the relationship.

It is not always necessary to go to court for divorce. Sometimes enough to come to the registry office. Such an opportunity is provided for spouses convicted more than 3 years, for those whose spouse is officially considered missing, dead. Husbands / wives of incapacitated citizens possess the same right.

If the documents referring to the category of category called above gives a divorce, then it will additionally need to make a court decision on the recognition of his spouse as incapable, dead,. Most often, 2 meetings take place for consideration.

The first is intended for general familiarization with the situation. Spouses talk about their disagreements, prove that they cannot reconcile, report the property situation. The judge may ask about joint children, about the common property, about shared debts. He will find out what between her husband and wife there are disputes and disagreements. In the absence of disputes at the place of residence of children, the judge can make spouses on the 1st meeting. Just before that, he will make sure that merry the spouses and save the family unrealistic.

If one of the parties does not come to court if all the necessary documents are not collected, if there are disputes between spouses, then the consideration of the issues will be conducted on the 2nd meeting. The time cut between the 1st and 2nd hearing may be long, this period may be given that the parties have found a general solution, they have risen.

Maximum gap - 6 months. The 2nd meeting should lead the same judge. On this hearing, issues related to disagreements will be resolved. Main goal: Find an objective solution to the laws. I will definitely address issues related to the content of children. Partners will negotiate this with the participation of the judge. Here the question must be resolved, you need or not a schedule for visiting children by the parent who goes out of the family. Of course, the main question, who will live with children. He is also deciding at the meeting.

If the situation is conflict, complicated, then some words of the spouses themselves will not be enough. Usually they attract witnesses that cover the situation for their part. As a result, an objective picture of what is happening is obtained.

The judge can all hto-sharing equally, but more often all the children left with whom the larger part goes. This is done to comply with the interests of children. For objective and legitimate resolution of disputes, the judge will require a list of all property objects that are subject to disputes.

In order for the section to be as right as possible, the property must be appreciated by experts with the relevant license. This is the only way to distribute property between the parties legally.

If the mood of the parties change, they can conclude that will become the basis for further action. When a decision is made, it will be necessary to wait a few days until the decision becomes completely legal. After that, with judicial documents, they go to the registry office and put a print to the passport that will confirm the divorce. The registry office also gives a certificate of divorce.

Need to behave calm and confidently

In order not to cause the judge discontent, it is necessary to comply with the rules of conduct:

1. First, the judge cannot be interrupted.
2. Secondly, it is necessary to speak only after applying to you officials.
3. Thirdly, it is necessary to be quite loud, but without screaming, clear.

Capture with the former spouse during the court is far from the best position. Relationships can be found out infinitely, and on the court decision all these squabbles will not have a positive effect, only delayed. We must remember that you came to court to completely complete and part according to the law.

In court appreciated calm, confident behavior. It is necessary to demonstrate goodwill, restraint. The behavior of spouses, witnesses must be correct, tactful. If the resultant will be shown in the perjury, it will be fined. In addition, the overall adverse impression of this side will be.

If necessary, hold a meeting with a lawyer, it is necessary to talk as quieter as possible. If those surrounding will hear scraps of speeches and misinterpret them will understand the situation will become complicated.

Looking at the meeting is unacceptable. If irresistible circumstances arise, it is necessary to warn about their delay, explain the causes.

Behavior in the presence of children

Older children are invited to the meeting. If children are present at the court, then it is necessary, first of all, think about them. You should not put a spouse with a complete insignificance, opposing himself to him. Children of school age are already understood. They are hard to see the quarrels of parents. After all, they are equally loved and dad, and mom. At the sight of their conflict, they can call and wave both.

Correct behavior on the court is the key to further benevolent relations. After all, even with strong cooling and mutual hatred over time, it is possible to translate the relationship in the category of neutral.

How to behave in court, tells the video:

Our legislation is so wonderful that becoming a defendant in the lawsuit is quite simple. Of course, the first advice for such a case is to transfer the fate of the process in the reliable hands of good lawyers, however, knowing the methods of work of some lawyers, the level of their professionalism and responsibility, increasingly come to the conclusion, it's like a doctor, its contacts are transmitted from hand to hand . Of course, a professional lawyer will cope with the tasks of judicial protection much easier and less losses. But still be aware of the process, the respondent is vital: a lawyer is also a person, and some procedural errors may be irreparable.

So, the first rule - there is no decision of the court, which has entered into force, no one has the right to argue that the defendant should (to blame for something), all information only assumptions requiring evidence. Therefore, the defendant is a full-fledged face in the lawsuit. And the fact that you are the defendant does not mean that the claims have already been almost proven - there are many processes that walked in full swing, but in the end "collapsed" due to the lack of a strong evidentiary base. Hence the goal - to win the evidentiary base, especially falsified, must be professionally ruined (about the methods below).

Rule second. The challenge of evidence is a painstaking work with a large magnifying glass in the hands, and tears and hysterics - the first enemy of attention. Therefore, complete calmness, despite the fact that in the courtroom there is always a very intense atmosphere. The judicial system and its capabilities are such that it is possible to sue for a long time, so it is still unknown who will be reorder and who will get faster from it.

The third rule is to turn the knowledge, regardless of the process of the process of legal education of any level - a very valuable thing. You will use the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation) - the very necessary document and even unprofessional understandable. The procedural rights and obligations of the sides are painted in very detailed. The defendant, in particular, has the right: to get acquainted with the materials of the case and take copies from them, to conduct an audio record of the court session, to provide evidence of its legal position, ask the plaintiff and other participants in the process of issues, attract witnesses and third parties; If the defendant cannot independently produce evidence, but he knows about their presence and location, he can ask for the court to refine them, including the plaintiff. Of course, the Court is obliged to clarify the party of her right and obligations, however, in practice, it often looks like a cheerful patter, to catch the meaning in which it is quite difficult. Therefore, we study our rights on our own - chapter 4 "Persons participating in the case" (special attention - article 35).

What follows from this? First, having received a claim, check in it every letter and the figure for compliance with the facts known to you - the plaintiffs often have original points of view on important events. The first meeting is called conversation, it simply finds out the opinion of the parties on a controversial issue, no decisions, except for the workers, is not accepted about the direction of requests, for example, not accepted. Usually, no evidence is not present there, however, if the plaintiff joined a document, be sure to read the case - perhaps your copy is different from the one that remains in the materials. When reading, be sure to remove photocopies or photocopies. Get acquainted with the case better after each meeting, after three to four days. Be sure to check how they number the sheets - they must be numbered by the handle, since the pencil is easily erased, and documents are added to the case; The sheet number must be viewed on your photocopy. At all meetings, bring a cassette recorder, this right is given to Part 7 of Article 10 of the Code of Civil Procedure of the Russian Federation, just do not forget to make the court inform about this fact. The ban on the recorder is a violation of your rights. In order to introduce a record to the case, you must have two cassette voice recorders at the same time - one cassette remains with you, the second (also original) remains in the materials. The presence of a voice recorder in combination in the Olympic tranquility of the defendant disciplines the court - there are doubts about the fairness of the claimant's claims and the error characteristic of any fear (and there is something to lose!), Multiplied by the announced struggle with corruption. For you, the record is of great importance: houses in silence, scrolling up the Civil Code of the Russian Federation, you can once again hear the plaintiff and take a fresh look at his position. In any case, you will hand over a lot of useful.

There is a big attention to the minutes of the court session, which for some reason unprofessional signs without looking. And in vain. The protocol must contain everything that the parties say in the meeting room, there were cases when the side with amazement found almost his own agreement with the position of the opponent, however, such cases are rare. Maintaining the Protocol - the duty of the court in accordance with Art. 228 Code of Civil Procedure of the Russian Federation, but on the conversations, it happens, he does not behave at all, in this case - the recorder is irreplaceable. Carefully read the protocol is necessary. If you have noticed that some essential details have escaped from the attention of the judge or secretary, it is necessary to demand to make them in the protocol. Remarks on the protocol are made in writing and declare within five days from the date of signing the protocol of the judge - Art. 231. In practice, you can come to court in three or four days, no later than the meeting, in court, to write comments in court by passing them through the office. If the judge did not make your comments, its motives will be reflected in the definition that will remain in the case file.

Try to check all the proof of the plaintiff by the method of counter check. It is necessary to understand whether the information that he proves his position is contained. For example, if the plaintiff claims that in the disputed moment was, say, in a bank, there was some kind of operations, proving it with testimony, ask the Court of request to find out whether this person really was present at the specified time. When the plaintiff provides papers emanating from third parties, check whether it has the right to receive these information and copies - evidence obtained illegally cannot be based on the court decision.

On the actions of the judge, in which case, it is possible to declare a private complaint against the appeal instance within 15 days from the date of determination, which, in the opinion of the parties, violates the law or infringe on the right.

The obligation to prove his position lies with the one who declares this position, therefore collect the maximum evidence of the unlawfulness of the claimant's claims. All evidence fix it; Before adding them to the court case, copy. It is better to give copies to the court, keep the originals. Keep any documents, including drafts on the shur of the newspaper - can all be useful. Correspondence with the plaintiff and any questions regarding his documents must be stored, and it is necessary to maintain everything since that moment when you have entered into an agreement - any will confirm that even the most intelligent relationships have a good chance to become bad and welcome to court.

Remember that all the documents important for you need to be attached to the case in the first instance, because the parents only check the work of the court, and not a creature of the dispute, that is, the reward will not be considered. You can submit documents to the cassation only if you prove that they could not imagine them earlier.

If you intend to conclude an agreement in which it is written that the dispute will consider the arbitration court, change the wording for general jurisdiction. Never transfer anything to anyone in one copy, refer the evidence of acceptance from you, items, orders, etc. (One of the options is the accompanying letter).

My practice makes it possible to conclude that the outcome of the case largely depends on the knowledge and attention of the defendant, the absolute confidence in the representative is excluded. Your process is your job, if a representative is wrong, the responsibility will still have to be responsible for you.

And last. Before putting the signature under the contract, go to a lawyer, a lawyer - saving time, money and nerves it turns out very significant.