How to win over a judge at a meeting. Useful recommendations: what to say in court during a divorce

Often people face difficulties that only a court can resolve. AT this case, a statement of claim is filed, various documents are collected, and a state fee is paid. Further, it remains to wait for the Day of Judgment and prepare for it. Necessary to find out, how to sue as a plaintiff, decide on the issue of representing your interests by a lawyer, etc. That is, you need to obtain information that will help you in the future to receive priorities for the maximum protection of your interests.

How should a plaintiff appear in court?

At the beginning of the court session, the judge will certainly ask if you have changed your mind about the claims. You must be clear and concise. In this case, you should answer that your requirements remain the same and you need to clearly indicate the circumstances of your case. Remember that the most important argument in your favor will be a clear and measured speech, which would allow the judge to instantly get to the heart of the matter. After you have presented all your arguments, you will have to answer a series of questions that the judge will ask you. Remember that the court clerk tirelessly records all your answers, for this very reason, they must certainly be correct. In addition, you will have to answer all the questions of the respondent, and it does not matter in what tone they are asked, the main thing for you is to keep your balance and control yourself. Your answers should initially be addressed to the court, and not to the defendant or his representative. Your task is to be sure, to completely exclude possible cries or quarrels, to answer exclusively on the merits of the case without lyrical digressions.

Features of the plaintiff's behavior

1. Think in advance what kind of questions the judge will be able to ask you, and rehearse the answers at home;
2. Analyze the defendant's tactics in advance and prepare for this aggressive behavior;
3. Try to restrain yourself as much as possible and not show any negative emotions;
4. Do not shout answers or interrupt the judge;
5. Try to make your answers concise and accurate so that they reflect the essence of the case and do not divert the court to the side;
6. Remember also that you have the right to ask your questions to the respondent, therefore, these questions need to be thought out in advance, and in such a way that in without fail bring the defendant to clean water. Questions should also be clear and concise, they must certainly relate to the essence of the matter.

Thus, you see that in court you need to behave correctly, everything needs to be thought through and analyzed. Among other things, you need to be very careful in the process of forming answers so as not to harm yourself. Proper preparation before the process - the basis of a successfully "won back" doomsday.

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The court is called upon to resolve the disputed issues of the parties, to determine the measure of responsibility for the commission of unlawful acts. The sentence can be either a fine or life imprisonment in prison. It depends not only on the essence of the act, but also on how to behave in court during the hearings. The judge assesses the personality of people, determines the true motives of the offense and the degree of remorse of the defendant.

Basic rules of conduct in court

The rules for conducting trials are determined by Art. 158 Code of Civil Procedure of the Russian Federation. There is an informal set of rules about how to conduct yourself in a trial, according to which:

The parties are required to appear in court set time no delays;

You can not enter the hall until the secretary invites;

You need to calmly accept the information that the hearing is postponed for 3-4 days or a month;

No need to make threats in favor of the party;

You can’t interrupt the participants in the process, ask questions on your own (the exception is cases when a person independently defends his interests);

It is necessary to clearly and clearly state the position, answer only the questions asked;

Maintain silence in the courtroom.

Disable mobile devices;

Get up and sit down only with the permission of the court, give all testimony while standing.

Mistakes in conduct in court can have fatal consequences, from the issuance of a warning to an increase in the real term of serving a sentence. The decision is made by the judge.

Behavior in Court: Typical Mistakes and Consequences

1) Violation of the rules of the court session. The hearing takes place according to a well-established scheme, where the judge is at the head. Shouting from the seat, rudeness towards the participants or the judge may result in a fine and removal from the courtroom.

2) Taking unauthorized photos or videos. Permission to conduct must be obtained prior to the commencement of the hearing.

Important! The use of a voice recorder is allowed. Its placement should not cause inconvenience to anyone.

3) Shouting, interrupting the opponent. This mistake in behavior in court is most often found in civil and administrative cases. The parties begin not to explain the situation to the court, but to prove their truth to each other. Sometimes the decision depends on how they behave in the magistrate's court. If the opponents are rude and aggressive, this affects the decision of the magistrate.

4) False testimony. In order to achieve a goal, the parties may distort the facts. It should not be forgotten that before the hearing, work was carried out to collect evidence, search for the causes of the deed, and analyze the situation. Concealment or distortion of facts is a criminal liability.

AT court session plaintiff, defendant, judge, prosecutor, lawyer, witnesses, jurors, secretary, bailiffs. The court is a well-coordinated process, the violation of which will necessarily lead to negative consequences.

1) Be sure to remain calm and be restrained;

2) Answer questions clearly, but only after;

3) Remain silent during uncomfortable questions;

4) Do not be rude to the judge and participants in the process.

Compliance with such rules of conduct in court will make it possible to avoid the tension of the situation, creating a more favorable image for the accused. It is also worth using the above recommendations when defending your rights in court without a lawyer.

How to behave in court as a witness:

Do not engage in verbal altercations with participants litigation;

Appeal exclusively to the court;

It is important to understand the degree of responsibility for giving false testimony.

A witness in court is a third party who must provide only truthful testimony. If you behave impulsively in court, then such a witness will be perceived as interested in accepting specific solution in favor of one of the parties. Such information may not be taken into account by the court.

protection of interests in court without a lawyer: how to conduct and what to do

People filing civil lawsuits seek to save on the services of a lawyer and decide to defend their interests on their own. Without a legal education and experience, winning a case is difficult, but still possible. There are several rules on how to behave in court without the support of a lawyer:

Suggest peaceful ways conflict resolution;

Do not make hasty decisions, one wrong signature can cause thousands of payments, etc.;

Prepare for the meeting in advance;

Calmness and only calmness is the main rule on how to behave in court without a lawyer. It is important to listen carefully to other participants in the process and not give vent to emotions.

Let's summarize

The court is a responsible event for all participants in the process. The judge must make a fair decision based on the facts. The main secret any successful completion of the case - peace and confidence. Excessive emotionality makes it difficult to present evidence, to give important testimony. You need to prepare well in advance for the trial. Its course is influenced by preliminary consultations with lawyers, lawyers. Do not succumb to provocations from the participants of the meeting. Truthful testimony and dignified behavior will always produce a positive effect.

At school, we get a lot of unnecessary knowledge that 99% of the population will never need in life. But an understanding of how to behave in court would make it possible 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 a person represents at a meeting, he must adhere to the following rules:

• By all means, one must adhere to the generally accepted norms of decency. Even if the opposing side allows itself provocations, the only thing that can be done is to seek protection from the judge;
• Unauthorized remarks out of turn, loud conversations with neighbors, interrupting opponents are prohibited. Repeated violation of the rules entails a fine;
• If false information is found, it is worth pointing it 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 tilting in the opposite direction, you cannot react emotionally to this. If the tantrum is especially strong, the judge may insist on an examination;
• Special respect must be shown to the referee. It is necessary, without further comment, to fulfill all its requirements.

In this video, lawyer Taras Yusupov will tell you how to behave in court during civil, criminal or administrative cases:

How should a 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, will depend on his future life.

Therefore, do not neglect any of the following tips:

• Before you appear in court, you should thoroughly familiarize yourself with the provisions of the current civil law. It is there that the key rights and obligations of the party are listed;
• Contact the judiciary with a request to file a case. Studying its materials will allow you to feel more confident at the meeting;
• Pre-paint an approximate algorithm for building defense;
• During the meeting, it is worth adhering to the procedure set out in the Civil Code. In order to express their position, the defendant is given a special time. In case of violation of the order, the judge has the right to point out to the person the error;
• If the defendant does not have confidence that the outcome of the hearing will turn in his favor, then he should turn to qualified defense lawyers.

How to behave in court as a plaintiff?

The plaintiff is the person whose application is being sued. Therefore, the level of requirements for it tall enough:

1. 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 completed;
2. The plaintiff has the right to be the first to call all the necessary witnesses, to demand Additional materials investigation, conduct research;
3. He is also the first to state his point of view. In the course of the story, the judge may insert remarks to clarify the essence of some issues;
4. If you have any questions to the other side of the case, you can redirect your request through the arbitrator;
5. The law allows recording the proceedings of the meeting on digital media;
6. Noticed violations should be recorded in the protocol. If the outcome of the case does not suit the plaintiff, he has every right to appeal to a higher authority.

How to behave in court during a divorce?

Often, spouses decide to divorce not through the civil registry offices, 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:

• You must be at the appointed time of the meeting. Gross tardiness can expose a person in an unseemly light;
• Long before you cross the threshold of the courthouse, you need to decide for yourself what interests are worth defending (regarding property, children, etc.) It will be extremely difficult to sort things out right during the meeting.
• All documents presented to the judicial authorities must contain all necessary information otherwise, the divorce proceedings will drag on for a long time;
• During the hearings, one must speak exclusively on one's own behalf, and not oppose someone else's opinion, emphasizing one's innocence;
• In no case should you interfere with your children in open scandals. The stress received by a child can seriously affect his psyche and even cause disgust for both his father and 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, this hearing participant is subject to increased requirements:

1. Witnesses called to court must attend it. Violation of this rule may result in administrative action. Moreover, even if a person lives in another city, he must fulfill the requirements of the law. True, in the latter case, he may demand compensation for travel expenses;
2. It is strictly forbidden to tell deliberate lies: there are special articles in the Criminal Code for this;
3. You can not pour your brilliant conjectures and assumptions. Speech must be concise and to the point;
4. Give an answer only to the question asked. Everything else can play a bad service to a person;
5. If a relative of the witness is in the dock, the latter has the right to remain silent without fear of prosecution;
6. The use of previously compiled handwritten notes is permitted. Before the start of the meeting, they must be presented to the court.

Rules of Conduct for Judicial Officers

On the shoulders of the members of the judiciary is responsible for maintaining the rule of law in the country, within which they are obliged to:

1. Regardless of the specific situation, always prioritize the rule of law and the rights of citizens;
2. The employee must be a professional in his field and thoroughly know all the necessary legislative framework;
3. In the performance of his official duty, the employee must demonstrate self-confidence and calmness. With all his appearance, he must support the reputation of the judiciary in Russia;
4. At the time of the performance of duties, the employee should not in any way create barriers to other participants in the meeting;
5. You should not let your personal beliefs and stereotypes influence the judicial process;
6. Citizens must be treated in a respectful manner, by name and patronymic;

At the preliminary court hearing, say little, your requirements for opposite side speak up in court. The preliminary hearing is usually held not in the courtroom, but in the judge's office. The judge may ask you a question about whether you object to the plaintiff's claims that are stated in the lawsuit, and many other questions that you should be prepared for in advance. If you do not know how to answer these questions, you can answer that you do not remember the circumstances of the case and prepare all the answers to the questions that interest the judge in the time before the trial. At the preliminary hearing, the judge may ask you to provide documents that are relevant to the case, you can offer the judge to help you make requests for these documents. And since you have passed the preliminary hearing and you will need to prepare for the court, in this article we will look at how to speak in court. At the trial, you will have to provide a lot more information than at the preliminary court hearing and talk a lot and to the point. When the court announces the opening of the session, checks whether all persons have come to the court session, explain to both parties their rights, the court session moves to the petition stage. The plaintiff may announce that he objects to your motion, or say that he leaves everything to the court.

The floor will be presented to you after the plaintiff's speech. Always listen to the plaintiff's speech, you can even make notes in your notebook, after his speech on these notes you can ask him questions, it will be your turn to ask them after the judge, the plaintiff's lawyer asks him, and then this right will be presented to you . Questions should be asked in a calm tone, those that are essentially and directly related to the case. When all questions to the opposite side have been asked, the word will be presented to you. Be specific about your objections to the case. Initially, the judge will ask you, then your lawyer, then the plaintiff's lawyer, and the plaintiff himself. When the prosecutor is present at the court session, he asks questions after the judge. No one else can ask you at the court session. Also, if you have any questions to the plaintiff's witnesses, if such will be present at the court session, you can ask them about the points that interest you.

After the court has heard all the parties and considered all the evidence, reads out the materials related to the case, the court announces the debate of the parties. The plaintiff in the debate of the parties will announce his requirements to you, and you will express your disagreement, it is better, of course, that your interests be represented by a lawyer in the debate. Now you know how to speak properly in court.

Source:

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Why talk

Increasingly, domestic entrepreneurs have to act as defendants in lawsuits. In principle, there is nothing wrong with this: all over the world, suing someone is considered almost a sign of good taste. And if we say that we are building a legal state, then we must admit that the most civilized way of various disputes is litigation.

Unfortunately, communication between business and justice occurs not only within the framework of arbitration or civil proceedings. Criminal proceedings against entrepreneurs have become not uncommon now, and often based on "exaggerated" criminal cases initiated by law enforcement agencies for the "quantity".

Indeed, most often it is in court that the whole truth emerges, far-fetched accusations crumble and false evidence is swept aside. But, of course, in order to dot the "i" in court, both qualified legal assistance and, of course, the defendant's own efforts are required.

When to speak

First of all, you should know that during the trial, you (even despite the presence of a lawyer) will have to repeatedly appear in person.

In civil litigation, if you are a plaintiff, you will need to tell the court if you support your claim. If you are the defendant, do you recognize the claims of the plaintiff? In addition, you, as the plaintiff or defendant, will need to answer the question of whether you wish to enter into a settlement agreement. After that, you will need to give a direct explanation of the essence of the dispute.

For the plaintiff: the essence of the dispute, as a rule, is set out in statement of claim, and you only need to retell what is already written in the lawsuit. If it is impossible to do this briefly, in order not to waste time and effort, it is enough to say that everything is stated in the statement of claim and you have nothing to add. After this part of the process, the plaintiff has to answer questions from the court and the opposing party on the merits of the stated claims.

For the defendant: the essence of the dispute is set out in the explanation. You can retell it or, referring to the feedback, say that you can’t finish anything yet. So, be prepared to answer questions.

In civil proceedings, both the plaintiff and the defendant are repeatedly given the floor to formulate questions to each other and answers. After examining all the circumstances of the case, including the interrogation of witnesses, expert examination, etc., the court proceeds to debate.

The debate is the most important and final part of the civil process, where the parties, analyzing each other's answers, present their vision of the dispute to the court. The right to speak first in the debate is given to the plaintiff and his representative. Then the defendant and his representative speak.

Since this part of the trial is the most significant, decisive, it is the preparation of speeches in the debate that should be given Special attention.

The situation is somewhat different with speeches in a criminal trial if you act as a defendant. You should be aware that you have far fewer opportunities to speak in a criminal trial.

If you have a lawyer, you will have to be content with only a few brief opportunities to speak, and then only to answer questions. After the court reads the indictment, you need to answer whether you understand the charge, whether you plead guilty and whether you wish to testify. Then follows the interrogation of the defendant, where you will have to answer the questions of the participants in the process (judge, prosecutor, lawyer). You have no right to ask questions to your opponent (prosecutor) or the court. However, you have the right to ask questions to invited experts and witnesses, etc.

A lawyer takes part in court debates. The defendant's only opportunity to speak is to deliver the last word. But if you refused the services of a lawyer (you made such a decision yourself or under pressure from the investigation) and defend yourself on your own, then study these recommendations in full, because you will have to speak at all stages of the trial.

Both in the civil code and in the criminal code, the speaker evaluates the circumstances established during the trial. The duration of the speech is not limited by time, the main thing at the same time is not to go beyond the limits of the case under consideration and refer only to the evidence that was examined by the court.
However, if during the judicial debate (or debate) it becomes necessary to clarify new circumstances or examine new evidence in the case, the court will have to resume the consideration of the case, and then continue the debate in the general manner. It should be noted once again that the success of the case largely depends on this final stage of the process, the stage of debriefing.

Does it matter how you make your speech in an arbitration process, because it is usually only the documents that "speak" in it? Undoubtedly, if a controversial issue is being resolved, which, due to contradictions in the legislation, can be resolved in favor of both one and the other side. This, perhaps, is the case when it is the emotions of the judge, and not the law, which presupposes discrepancies, that may be decisive in the arbitration process. It depends on the persuasiveness of your speech, whose side the court will take.

Judicial Speech Plan

Don't be impromptu. Even if you know the circumstances of the case that can help you win the process like the back of your hand and freely navigate them, do not rely on memory and inspiration. From excitement, you can get confused in the little things, missing something important.

In order to perform well, you need to prepare.

Break your presentation into three main parts: opening, main, and closing.

In the opening part, you should arouse the listeners' keen attention and interest, thus establishing contact with the audience. Try to provide credibility to the position you will be presenting. The introduction should be brief and, if possible, extraordinary (turn on your imagination). You need to speak clearly and confidently, while avoiding excessive pathos.

To begin with, it is advisable to announce any relevant fact, the truth of which is obvious and indisputable. Thus, you make it clear to the court what to do next. we will talk about the same indisputable facts.

In the main part of the speech, put forward arguments that justify your procedural position. The basis of this part is a description of the actual circumstances of the case. It should be presented as a vivid picture of the events that happened to you. In the process of building up proofs, some provisions should be substantiated with the help of others proved earlier. All evidence should be built into a system that refutes the opponents' versions and confirms your version.

The main part should be completed with the most weighty evidence, after which clear conclusions should be drawn on the merits.

The final part of the speech should be short and expressive. Try with all sincerity (this does not mean with the utmost frankness) to answer those questions that the court will have in the deliberation room. This part of the court speech should contain your final position and a specific request to the court. It would be useful to "curtsy" to the court, demonstrating his confidence in him: "In my opinion, the respected court objectively, deeply and comprehensively examined all the circumstances of the incident, which is also confirmed by the materials of the case."

How to make a speech effective

First, let's talk about building evidence of your innocence.

• The best tool of the dispute is arguments on the merits of the case. The appeal to the personality of the enemy is evidence of the weakness of your position.
• Facts and evidence should be divided into necessary and useful, inevitable and dangerous. What is necessary and useful should be maximally strengthened, developed by reinforcing repetition. You can recognize the inevitable and find the possibility of explaining it from positions that are favorable to you. Dangerous (information that can be interpreted not in your favor) is best avoided, but if this is not possible, present it in a favorable light for you. For example, if an illegal search was carried out at your place, all documents were seized "wholesale", and after a while, "left" forms, invoices and other compromising documents were found among them, the involvement of which in your company cannot be proved, beat the fact that the documents were seized without attesting witnesses and descriptions, but they were discovered only later. Maybe they were thrown at you under the guise?
• You should not prove the obvious, nor should you prove anything more than necessary. This clutters up the speech, makes it lengthy, uninteresting, and diverts the attention of the audience to already proven facts. The court can be distracted so much that it does not hear the most important thing.
• Provide an effective presentation of the main evidence or thesis, prepare the audience for its perception, pumping up emotions.
• Give up dubious, unreliable arguments, do not try to say a lot, the quality is important, not the number of arguments. Do not give your opponent the opportunity to break your unreliable argument, which would not play a special role.
• Agree with the opponent's secondary statements - this will make you fair in the eyes of the judges.
• If your direct evidence is weighty, you should carefully analyze each of them, but if they are insignificant, give them in a common bundle (the insufficiency is compensated by a single focus).
• You should start with circumstantial evidence (if any) and finally strengthen your position with direct evidence.
• Rank your arguments in ascending order of importance. At the same time, it should be remembered that in a speech one can only refer to the evidence that was examined in the court session.
• Never try to explain something that you do not understand well yourself, since weaknesses or inaccuracies, firstly, attract the attention of listeners, and secondly, give the opposing party the opportunity to accuse you of distorting facts or lying.

Refuting the opponent

Judicial speech is based not only on the presentation of facts that prove your own case. In order for your position to become dominant, you will have to smash the opponent's arguments (or at least a significant part of them) to smithereens.

Refuting:

• Look for incorrect generalizations made by the opponent.
• Don't be too hard on your opponent. Do it lightly and casually.
• To object to the enemy, use his own arguments.
• Contrast his words with facts.
• Deny what your opponent cannot prove.
• Do not leave any weighty argument of the enemy unanswered.
• Do not object to reasonable evidence that is not in your favor, find an explanation for them that would reconcile this evidence with your position.
• Don't take the trouble to refute something the improbability of which is obvious to everyone.
• Carefully examine the facts recognized by the enemy, use them for your own purposes.
• If irrefutable evidence is bypassed by the opponent, emphasize its irrefutability, but do not stoop to personal attacks.

General rules

To focus the attention of the court on details that are important to you, you can use the technique of reinforcing repetition. For example: "Documents were seized, despite the fact that there were no legal grounds for this, documents were seized without drawing up a protocol and an inventory, documents were seized, even those that were not related to the financial and economic activities of the enterprise."

In order for the audience not to get tired and not distracted during the speaker’s speech, it is recommended to read less and speak more without paper, emphasizing the most meaningful words. The speech of the person speaking, in contrast to the person reading from the text written in advance, is more lively, which means that it makes a greater impression on the audience. This does not mean that the speech should not be pre-written. And thought out to the smallest detail, and recorded, and, if necessary, memorized.

If you see that the listeners are tired, have begun to be distracted, take a short pause, just about five seconds. Listeners will rest, and you will gather your thoughts.

The speech should be emotionally colored, but not hysterical. In court, you must keep yourself within the bounds of decency. Natural emotions, if they overflow, it is better to restrain. A person trying to restrain his emotions makes a much better impression than a tantrum (especially if this storm of emotions is simulated). It is especially unacceptable to interrupt the judge with shouts, threaten the opponent, insult those present (no matter how much you would like to). Indeed, besides the fact that you make a negative impression on the audience, you can receive an administrative penalty for contempt of court.

Psychological tricks

You can enhance the impression that you make with your speech with the help of simple, but trouble-free psychological tricks.

Use:

• Bet on stereotypical thinking audience. For example, one of the stereotypical principles says: "If an authoritative person says THIS, then THIS must be true." Conclusion: use the opinion of experts and specialists more often.
• Use the rule of contrast perception. Remember that a serious requirement looks less serious when compared to a higher requirement. If you want to receive monetary compensation, demand an amount several times higher than desired. And then step back to the desired amount.
• Next take- universal rule mutual exchange. It says that people are obliged to yield to each other and pay for what they receive from others. That is, if I conceded to you in something, you already owe me. Give in to something unprincipled for you. After that, you will have "more rights" to ask for something, since you will already be "owed".
  When concluding a settlement agreement, offer profitable terms and give your opponent time to think. And only after the opponent makes a decision, add an unpleasant condition for him. It will be difficult for him to retreat, because he has already thought out what benefits he will derive from your offer. Now he will hold on to the deal, even if its conditions have partially changed for the worse.
• Do not fall for such psychological tricks yourself. If you feel that you are being "played", try to assess the situation from the outside and take advantage of it (for example, gratefully accept a concession without offering anything in return).
• And the last. When addressing the court, say "respected court", "respected presiding officer", and not "mister judge" or "comrade judge" (who knows who the judge considers himself to be - comrade or master, it is easy to make a mistake and cause hostility). There is also such an appeal to the judge as "your honor", but an old school man may not like it either. It is unacceptable to call a judge by his first name and patronymic.

The techniques used in speech must be correct and tactful. Do not stoop to personal humiliating attacks on participants in the process.

Be creative and inspirational. Be confident. Imagine what some great lawyer said in your place, for example, Koni or Plevako, whose speeches were distinguished by originality, bordering on paradox, and had an unfailing effect on the participants in the process.