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 during working hours 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 attire. Avoid going to court in T-shirt, shorts, adidas tracksuits.
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 file a motion to schedule an adjournment of the hearing.
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?
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, remove individual 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.
It doesn't matter in which court you are a witness, be it a criminal court or a civil court, the rules of conduct for witnesses have long been defined and are considered universally accepted.
The first thing to know is it is mandatory to appear in court on a summons. If you do not appear at the court hearing on a summons, where you are summoned as a witness, this is considered a very serious violation, for which they may even be brought to administrative responsibility or they may decide to be taken forcibly. If there is at least some good reason for your failure to appear in court, you need to warn about it in advance, as a rule, the court will honor this and call you as a witness again.
Please be aware that:
- you cannot be dismissed from work if you are summoned to court;
- the hearing may take much longer than expected, so the court may issue a special document for your employer, which indicates the time of your stay in court;
- You must always have special documents with you that prove your identity.
After you give your testimony in court, you can be immediately released if the parties do not mind, but you can also ask the court to stay until the verdict is passed, perhaps the court will have some more questions like you.
How should a witness behave in court?
- You should only give truthful testimony. Otherwise, for giving false testimony, criminal liability is provided.
- You need to speak briefly and only to the point, tell only what you saw with your own eyes. The court does not need your various assumptions and conclusions, even if they remain with you.
- Answer clearly to the questions posed, do not say too much, because excessive information can turn against you.
- The witness can use various manual records, but first showing them to the court.
- Throughout the court session, you will be asked questions by everyone who can: a lawyer, a prosecutor, a judge. In any case, you are obliged to answer questions, even if they do not suit you and contradict all the principles.
- According to the Constitution, you can only refuse to testify against your loved ones or yourself. In this case, refusal to testify is not prosecuted.
- You can only answer the questions posed, but you are prohibited from asking them to the court.
- When you are being questioned by an investigator, then it is best to get a lawyer, he will protect you from unnecessary questions from the court.
Be careful! If the testimony that you gave to the investigator differs from the testimony that you gave to the court, the court will accept the testimony that you gave earlier as the truth.
Instructions
Show up on court a second meeting 5-10 minutes before its start. Delays in such cases can lead to unpleasant consequences. Pay special attention to your appearance: casually dressed people in the courtroom are often treated negatively and may even reprimand them.
Do not be indignant if you have to wait a long time before you are invited to the courtroom. Try to calm down, do something, tune in to a positive mood. Do not leave the courtroom unnecessarily so as not to miss the moment when you are invited to enter.
It is imperative that you begin your appeal to the judge with the words "respected court". When making a speech, it is also permissible to say “
Your Honor
". Any testimony and explanation should only be given while standing. There are, however, exceptions to this rule. They can touch the seriously ill,
old people
Cripples, etc., and require special permission from the presiding officer. Shouts and comments from the field are strictly prohibited.
Do not address questions to the judge: you can only ask the participants in the process and representatives. It is forbidden to interrupt the plaintiff, defendant, witnesses, etc. during performances, even if you believe they are lying or offending you. You can express all your claims later, and only with the permission of the judge.
After court Next hearing, the debate begins. At this stage, the plaintiff and the defendant do not have the right to demand the presentation of additional evidence and the call of new witnesses. If you have special evidence, make sure it is presented to the court at the hearing stage.
Behave yourself. In the courtroom, it is forbidden to talk on the phone, read books, newspapers and magazines, talk loudly, eat, etc. Give all explanations in a polite manner, do not shout, do not insult other people and do not use profanity. Tantrums, scandals, and even more so attempts to hit someone in the courtroom can end very badly.
Sources:
- how to behave in court for the plaintiff
In recent years, issues related to the participation of citizens in court hearings have become popular. Very often, fictional stories are considered in special television programs, which become the subject of legal proceedings. The peculiarities of modern reality do not exclude your participation in the real consideration by the court of a civil or criminal case. But not everyone knows how to properly behave in court.
Instructions
Get your first idea of the specifics of the trial. It is customary to refer to those who participate in the court session as parties. Distinguish between the defendant, the plaintiff, witnesses in the case, third parties, and so on. Depending on the category of the case to be considered, the process can be civil or criminal. All parties to the process have specific obligations and rights, but there are also universal rules of conduct that should be observed by all participants in the court session, regardless of their status in a particular case.
Treat the court and its officials with respect and respect, but without fear. It is not uncommon to observe citizens who fearfully enter the courthouse, believing that nothing good can await them here. But any court is just a state institution, which is called upon to make fair decisions in criminal and civil cases, taking into account the requirements of the law.
Prepare thoroughly for the trial. Before starting the process, you need to know exactly for what purpose and in the capacity of whom you are in court. Determine for yourself what explanations you will begin to give in court, what you will talk about. It is recommended to study the written documents relevant to the case under consideration before the meeting.
Be punctual. Show up to your court on time. The subpoena always contains an accurate indication of the time and place where the hearing is taking place. If you are late for a meeting, you are making it clear that you are not being too respectful of the court. If you are late or fail to appear for a good reason, provide the judge, through his assistant, with documentary evidence that the reason is significant.
Strictly observe ethical standards in court proceedings. The process of conducting hearings in a case is clearly regulated. You cannot get up and leave the room when you feel like it. Shouts from the place, quarrels with the other party in the case should be excluded from the behavior. These and other manifestations of contempt of court entail liability prescribed by law, up to the imposition of a fine or removal from the courtroom.
When answering questions in court, be correct and restrained. Try not to stray from the subject matter. This prevents the judge from understanding the specifics of the situation and delays the trial. Be truthful, pass only the facts to the court, separating them from your own or someone else's opinion. If you are a witness in a case, always remember that you are liable for perjury in court.
Seeking justice in court should be through the correct preparation and filing of a claim, collection and presentation of evidence, support for the execution of the decision. If an ordinary citizen does not have the necessary skills to professionally provide all the necessary actions, then representation should be used.
It is not easy to achieve justice in a civil court; usually, for the professional conduct of a case, certain knowledge of procedural law is required, as well as in the legal branch that reflects the essence of the case in question. At the first stage, you will need to correctly draw up a statement of claim to the court, attach all the necessary documents to it. Requirements for the application form, its content, and attached documents are contained in the Civil Procedure Code of the Russian Federation. After drawing up, the application is submitted or sent to the appropriate court (usually this court is located at the place of residence of the defendant). It is necessary to submit documents in such a number of copies that they can be sent to all participants in the case (the defendant, third parties).
If the first stage is passed successfully, then the court accepts the statement of claim for production, appoints the date of the preliminary court session. The plaintiff receives a summons about the need to appear at the specified meeting, and before the very appearance it is recommended to carefully read the case, clearly formulate their own requirements, substantiate them with references to the rule of law. The order of conduct in the process is also regulated by the norms of civil procedural legislation, but it is not of decisive importance, since judges are usually loyal to the participants in the process, who are not professional lawyers. If the requirements are clearly formulated, all the necessary evidence is presented (the court may additionally request some of them), then the likelihood of a positive decision increases sharply.
Many plaintiffs, who have achieved a fair court decision, naively believe that the case is completed at this point, and the defendant will voluntarily and immediately pay the required amount or take other actions prescribed by the judicial act. This happens only in rare cases, therefore, the plaintiff usually has to wait for the court decision to enter into legal force, and then apply to the same judicial body for the issuance of a writ of execution. The specified document is presented to the bailiffs, who, according to the law, must ensure its prompt execution. The stage of enforcement proceedings can also be delayed, since the defendants often hide, hide their own property, and in other ways prevent the execution of the decision.
Sources:
- Civil Procedure Code of the Russian Federation in 2018
Humanity has not yet formed an ideal society where all people are unconditionally satisfied with each other and no one breaks the law. And since we have not yet grown to this utopia, sometimes it becomes necessary to settle our differences in court. It does not matter in the role of whom you will act in the course of the trial - the plaintiff, the defendant or the witness - it is important to correctly build your line of conduct. So how do you behave in court?
Not so long ago, citizens in our country had no alternative - there were only district courts that dealt with all cases without exception. Today there are magistrates' courts - these are "grassroots" or, as they are also called, courts of first instance. They are considering cases where claims of up to 50 thousand rubles appear. These can be property and labor disputes, cases of compensation for moral and material damage, protection of consumer rights, etc. The limitation on the amount of the claim sometimes creates the impression that such a court is less official, which means that one can behave there more freely. However, this is not true - any court requires respect for itself, therefore, during the session, you need to behave with caution.
How to dress for a court hearing? In fact, there is no formal dress code and everyone can dress according to their own taste. But it must be remembered that here it is worth applying all the unwritten rules that apply to clothing. For example, you don’t need to wear too short and tight things, see-through T-shirts, mesh dresses, etc. We repeat once again that this does not affect the court's decision in any way (however, you can get a fine for contempt of court if your outfit exposes those parts of the body that are usually hidden), however, can create a negative impression.
How to behave in court at a preliminary hearing? The preliminary hearing of the magistrate court on civil matters most of all resembles an ordinary conversation between all participants in the process. The judge finds out all the details of the upcoming process, finds out if the participants need help in finding evidence, and also proposes to conclude an amicable agreement. At the preliminary session, it is necessary to behave in the same way as during the process - correctly, not shouting out from the place, you need to address the judge "Dear Court", get up when you apply, etc.
The defendant is initially at a disadvantage in that he is forced to defend himself against charges. Although from the point of view of the law, until proven guilty, he is considered innocent. So, what is the correct way for the defendant to behave in court? The main point is preliminary work, that is, you must find out what you are accused of, what the plaintiff wants to get, what laws and legal acts he refers to as proof of his innocence. Without preparation, acute situations may arise, during which the defendant may start to get nervous, freak out, shout and argue with the plaintiff, witness or judge. All this will lead to the fact that the defendant will be removed from the courtroom and the process will take place without him.
Separately, it is worth talking about how the plaintiff should behave in court. He goes to court, which means that he initially considers himself right, plus he is often overwhelmed by, if not a thirst for revenge, then at least a desire to restore justice. Temperamental people often lose their temper during a meeting. They are annoyed by the need to re-establish the entire chain of events that pushed the two sides in the face of the law, to reiterate all the circumstances of the case over and over again and to prove their case, which seems obvious to them. Therefore, the plaintiffs, as well as other participants in the process, need to put their nerves in order. Remember that the judge is not so familiar with the circumstances of the case and he needs to carefully consider them in order to make his decision.
A witness can represent one of the parties, act independently or as an independent expert. Unlike the plaintiff and the defendant, the witness is not present immediately from the beginning of the court session. He is called later, in the course of the proceedings. So, if you have been summoned as a witness, you must appear before the start of the court session, report your arrival, present your documents (passport) and wait for the summons to the courtroom. The witness must be warned about responsibility for giving false testimony (Article 307 of the Criminal Code of the Russian Federation), after the speech he can stay in the hall and observe the process. However, he is not forbidden to go about his business.
How should a witness behave in court? First of all, you need to refrain from lying, even if you really empathize with one of the parties. Untruths tend to come to the surface, and after that the witness will lose the confidence of the court, because of which all his testimonies, including reliable ones, will be called into question. In addition, as we have said, the witness is responsible for his testimony.
Court hearings are most often an open process, which can be attended by everyone, even those who are not directly related to a particular case. So you can actually come to the courtroom for some kind of entertainment show. You just need to show the documents at the entrance and take a free space.
However, there are several limitations. Viewers should not make noise, comment on what is happening, shoot and photograph.
Relatives and friends of one of the parties are very often present at meetings - this is not prohibited. However, it is necessary to provide for the following moment - if it is planned to call one of them as a witness, then they must be removed from the courtroom before speaking.
There are several general rules that explain how to behave correctly in court for all participants in the process. Let's dwell on them in more detail.
1. When the judge enters, everyone should stand up.
2. Readings can only be given while standing. In the same position, you need to make all statements, go to court and ask questions. There are exceptions to this rule - for health reasons, the plaintiff, defendant or witness may be allowed to testify while sitting, and sometimes lying down.
3. Supplementing your testimony or giving explanations is permissible only with the permission of the court.
4. All those present at the court session are obliged to observe the order.
5. Violation of order during the process leads to the issuance of a warning to the offender. If this happens again, then he is threatened with removal from the courtroom - sometimes temporarily, sometimes until the end of the session. It must be remembered that any manifestation of contempt of court may result in a fine.
6. All participants in the process, including spectators, must have an identity card (passport) with them. If you are summoned, you must inform the secretary of your arrival. Once you are registered, you are prohibited from leaving the courthouse.
7. The Magistrate's Court adopted the appeal "Dear Court", in the district and higher courts, it is customary to address a judge with the words "Your Honor". It is not customary to address a judge by name and patronymic.
8. Mobile phones and other similar devices must be disconnected before starting the process. Photos and video prohibited.
9. You should refrain from asking the judge and prosecutor.
10. It is forbidden to shout from a place, interrupt others, use foul language. In general, one should refrain from violent expression of emotions. Such behavior may be considered contempt of court, resulting in a verbal warning, expulsion from the courtroom, or a fine.
We talked about how to behave in court so as not to receive a penalty for contempt of him. However, this does not guarantee you a positive outcome when considering the case. In fact, there are thousands of little tricks that can help create the right impression and win over the judge. But they need to be applied to each specific case, which means that the help of a specialist is needed.
Lawyers know better how to conduct a case in court in order to count on a positive result, which means that it is better for either side of the process to enlist the support of a legal professional. Remember that judges and lawyers speak the same language, therefore, a lawyer will be able to correctly formulate exactly those arguments that will convince the court of your correctness, if you are a plaintiff, or of your innocence, if you are a defendant. Moreover, in some cases you do not even need to come to court - it is enough to hire a lawyer who will defend your interests in the face of the law.
???????????
????? «??????»
??????????? ???????????? ???? ?????? ???????? ?????? ?? ????? ????? ?????
???????????????? ?????? ? ???????? (????? 90% ???????? ???).
?????? ???????????? ??????????? ???????????? ? ??????????? ??????.
?????? ?????? ???????? ????????.
?????? ?????????? ????????.
????????? ????????????????? ? ???? ? ????????.
??? ????????? ???? ? ?? ?????, ? ???????? ???? ?? ?????? ???: ?????, ???????? ??? ?????????. ???? ????? ???????? ????????? ? ????, ??????? ????????? ? ??????. ??????, ????? ??????????? ? ????, ???? ? ??????????? ??????, ????? ??????? ?????? ?????, ?? ????????? ??????? ????????? ??? ???????? ? ??????.
????, ????? ?????????, ??? ???????? ??????????????? ?? ???????????? ???????? ??????? ?? ??? ?????: ?????????? ? ????????? ?????????, ???????? ????????? (???????? ? ????: ????????? ????????????? ???? ??????, ??????? ????????? ?????, ????????? ?????????, ??????? ????? ?????????, ???????? ?????? ??????, ???????, ??????? ????, ????????? ???? ?????????? ????), ????????? ??????? ????.
???? ??????, ??????? ??????-?? ????????? ??????? ? ????? ???????? ???? ??????? ?????, ???????????? ? ??? ?? ????? ?? ?????????? ??????????? ?????????????, ?? ????? ???? ?? ????????. ??????? ?????-????? ? ???? ?? ?????????? ? ????? ??????? ????? ??????? ??, ??? ?? ????????? ?????? ??? ??????????? ?? ????, ???????? ?? ?? ?????????? ???? (????????, ??????? ?????, ??????????) ???? ?????? ????????.
??????????????? ???????? ????????? ?? ???????????? ???????? ???????????? ??????????? ?????????????? ?????? ????? ????????? ? ????? ? ???? ?????????. ????? ????? ????? ?? ??????? ?????? ?? ??????????????? ?????????, ???? ? ????? ?????? ?????? ??? ?????????, ?.?. ??????????????? ???????? ????????? ??????? ?????, ??? ? ???????????????? ???????? ???? (???? ???????? ??????? ??????, ?? ????? ???????? ??? ???????, ???? ????????? ????? ????????????? ??? ????? ? ?? ???? ?????? ????).
? ???? ???????????????? ????????? ????? ???????? ? ?????????? ???????? ?????????????? ?????????????? ????, ?????????? ? ????????????? ???????? ?????? ? ????????? ??? ??? ???? ???????????????, ????????, ????? ?? ? ???????? ?????? ????, ?????????? ???????? ????????? ??????? ??????????, ????????? ? ????????? ?????????? ?????? ??????? ??????????. ??????, ????? ???????????????? ????????? ????????? (? 90 % ???????) ???? ??????????? ? ???????? ?? ?????? ???? (?????? ? ???????? ??????-????). ?? ???? ????????? ??? ????? ???????????? ? ?????????? ???? ?? ?? ??????????? ?????? ?? ??? ? ??????????? ???? ? ?????? ????????? ??????, ?? ?? ??????.
?? ??????????????? ???????? ????????? ????? ???? ???? ??? ??, ??? ? ?? ???????? ????: ???????? ??? ????????? ?????, ?????????? ? ????? ?????????? ??? (????? ? ????? ??????, ?? ? ??????????? ???????? ??? ?? ?????? ????????? ? ??. ??????????? ?????????????? ? ????????-?????????????? ??????? ??) ? ????????? ?????? ?????????? ???????????? ??????????????? ????????????????.
??????????????? ????????? ?????? ????????????? ???????????? ????: ? ?????????? ???? ? ????????, ?????????? ???????? ????????? ??? ????????????, ??????????? ???? ? ???????? ????? ?? ??????????? ? ??.
??????????????? ???????? ???? ?????????? ?? ????? ????? ? ???. ??? ????? ????? ?????????? ????????. ???????? ????? ???? ???: ????????? ? ????? (??? ????????? ? ???????, ? ????? ??? ????????? ? ??? ???????? ???????? ?? ???????????), ??? ?????? ????? ?? ???? ??? ??????????? ????????? ????, ??? ?????? ?? ??????? ?????.
????? ???? ????? ?????? ????????? ????? ????????. ?????????? ??? ? ????, ??? ????? ????????, ????? ???? ????????? ? ????????? ???????? ?????????, ????????? ???? ??????, ?????? ???, ????????? ?? ??????????, ?????????, ?????????????? ????????. ????? ??????????? ????????? ??? ?????????? ? ?????????? ????, ????? ?? ? ??? ???????????, ?????????????? ???????????? ???? ? ????????? ???????? ????????? . ????????! ?? ??? ??????????? ???????????? ???????????? ???? ? ??????????? ???????? ????????? ??????? ?? ????? ???????? ?? ???????????, ??????? ?? ???????? ????????, ????? ??????? ????????????????? ????????. ?????????????, ?? ??????????????? ???????????? ????????? ?????????, ? ?????????, ???????? : ?? ?????? ?????????? ? ?????????? ?????????, ? ?????????? ??????????, ?????????? ???????? ??????????????, ? ?????????? ????, ?????? ??????????? ? ?????????? ????? ?????????????? ??????? ???? ? ?.?. ?????????????, ??????????????? ???????????? ????????? ?????????, ? ?????????, ???????? : ?? ????????? ???? ? ????? ? ?????? ????????????????, ?? ?????????? ???????? ????????? ??? ????????????, ? ??????????? ???????? ?????????, ?? ?????? ?? ??????? ??????????, ? ????????????? ??????? ??? ?????????? ???????? ??????????, ? ?????????? ???????? ??????????, ?? ????????? ????????? ???? ???????? ????, ? ????????? ???????? ????????? ? ?.?.
????? ??? ?????? ????? ????????? ???? ?????? ???????????? ??????????? ????. ????????? ??, ??? ???????? ? ??????? ????????? ????? ? ????? ????????????? ???: ??? ? ????? ?????? ?????? ??? ?????????. ????? ???? ??????? ??????????? ???????? ????????? ? ? ????? ???? ????????, ??? ?? ????????? ????????????? ??????? ?????????. ????? ??? ?????? ????????? ?????? ??????? ?????. ???? ?? ????????? ?????????? ?? ????, ?????????: ??????? ??? ?? ?????? ?????? ??????????????? ????????? (?? ?????? ?? ?? ??????..?, ?? ??? ???????? ? ?? ???…? ? ?.?.), ? ?????? ???? ?????????? ?? ????????? ????????????? ???? (??????? ?? ?? ?????? ??????????, ??????????? ?? ?? ???? ? ??????????? ?? ?? ??? ????????????, ????????? ?? ??, ??? ??? ??????? ?????????? ??????????? ? ????? ???? ??????????? ? ?.?.). ? ?????? ???????? ? ????? ?? ????? ???????? ?? ????????? ??????? ?????, ??????? ????? ???????????, ??????????? ? ??? ??? ?????? ?????-?? ?????????????? ??????? (?? ??????????? ???????, ????? ?? ??????, ????? ??? ??????? ? ????????? ????????? ????????? ???-??, ????????? ?????? ? ??????? ????? ??????? ??????????????? ? ????, ?????????? ?? ??????? ???? ????? ???? ????????? ? ???? ???????), ??????? ?? ????? ? ??????????? ???????????? ??? ??????????. ????????? ??????? ???????????? ????????????? ???? ? ?????? ??????!
????? ?????? ????????? ??? ???????? ????????? ????????? ???? ?????? ???????????? ??????????? ???? ? ??????????? ???? ? ???????? ?????????? ?? ??? (??? ??? ??????????? ???????? ?????. ????? ?? ??? ? ?????? ??? ???????????? ????????? ????????). ????? ????????? ????????? ??? ?????????? ??????????? ????? ?????? ???????. ???????????? ????????? ???????? ??. ????. ????? ??? ????????? ? ???????? ???????. ??? ????? ???????? ??????? ???????? ?????? ? ??? ?? ?????? ????????? ????????, ? ???? ??????? ??????? ?? ??????? (??????? ????? ????? ????????) ??????????? ???? ????? ?????? ???????????? ?????????? ? ????, ???????????? ?????????? ???? ? ?????????????, ????????? ????? ? ?????????????? ?????? ???????? ???? ???? ??????????????, ? ????? ???????? ???? ?????? ? ??????????? ?????? ? ??????? ?????????? ???????. ???????, ?????????? ???? ????????? ? ???? ?????????????? ????????? ????? ???? ????? ????????? ??????????, ??????? ???? ?????????? ????? ???? ?????? ?? ????.
????? ?????? ??? ?????????? ? ???, ????? ?? ???????? ???????. ??????? ? ?????? ????????, ? ??????? ??????? ?????? ??????????? ?????? ???????????? ??????????? ? ??????? ! ????????? ???? ????, ????????? ? ???????, ? ????? ? ????????? ?????????????, ?? ????. ????????? ????????? ? ?????. ???? ???????? ???-?? ??? ??????, ? ???????? ????? ?? ?????????.
????? ?????? ???? ?????? ???? ????????? ??????? (???? ???????????) ????. ?? ???????? ????????, ????? ??? ??????? ???? ?????? ? ???????? ?????????.
??? ???????? ??????? (???????????) ????, ????????? ???????? ????? ?????? ?????? ?? ????? ?????????. ????? ???? ????? ????????? ????????? ??????? ????????? ??? ?????????????? ????? ???????? ???.
? ???????????? ? ???????????? ?? ??? ? ????? ?????? ????????, ? ??? ??????, ??? ?????????????? ?? ??? ????? ????? ???????? (???? ?? ??????????? ? ???????? ????????). ??? ????? ?????????? ? ???? ?????????? ?? ????. ?????? ????? ????? ??????????, ??? ???????????? ?? ????, ?.?. ???????? ??? ?????? ?????????, ??????? ?? ?????? ?????????????? ?? ???? ?? ???? ???????, ???? ?? ?? ???????. ??? ???????? ??? ????, ????? ????????? ?? ????? ????????? ?????? ?????????? ? ??? ??? ??????? ?????? ?????????????? ? ?????? ?????? ???????.
? ??? ?? ??? ??????? ?? ???????????? ???????????. ???? ?????? ???????? ?? ?????????? ???? ??? ???????????? ????- ? ???????????, ? ??? ??? ????? ? ???. ??? ??????? ? ???, ??? ????? ? ?????????? ????? ?????????????? ???????????, ? ????? ? ???. ? ???? ??? ??????. ??????? ??????????? ?? ???????? ? ?? ???????? ?????, ??????? ??????? ????????.
? ?????????? ???????? ?? ????????. ???? ?? ??? ?? ?????????? ????? ?????, ????? ????? ??????? ??????? ???? ??????. ???????? ??????? ?? ??? ?????? ?? ?? ?????? ?????????? ?????, ?? ? ???????? ? ??????. ?????? ???????? ??? ???????? ???? ??????????? ?????? ???????? ?? ??????? ????. ????? ??????? ?????? ?????? ??????? ????????????? ? ??????? ???????????? ??????????? ??????, ???? ?? ????????????????? ? ???? ???? ??????? ??????????? ????????????. ???????????, ?? ?? ????????!
When holding any official event, it is necessary to follow a number of certain rules that are permissible. In this case, the holding of the court session is no exception. Yes, it is worth noting that these rules are also strict, in other places they are softer. This will usually depend on the specific location. Regardless of how tough the rules are, they must always be followed.
- First, it is required by the rules and norms of etiquette accepted in society.
- Secondly, in certain places, if the proper behavior is not observed, very harsh punishments are applied to a person, possibly even a fine.
Often, such emotions can be noticed at a court hearing during the debate of the parties, or when answering some questions. Established uniform principles of conduct applicable to all citizens. Russian legislation indicates how it is necessary to behave in court for a plaintiff, defendant, witness, and law enforcement officers. In addition to all this, there is also an observance of ethical standards, which must be adhered to by all participants in the trial. In what kind of clothes you need to come to the court session.
You need to know not only how to behave in court in order to win. You can also use practices that you may find helpful. In addition, it is recommended that you look appropriate. There is no specific dress code for defendants, plaintiffs, witnesses. Their appearance and style may vary. But nevertheless, you must always remember that a very sloppy appearance and excessive frankness in the style of clothing is not suitable for a court hearing. This can negatively affect the general opinion of the person.
As for the employees of the court themselves, there are some norms of ethics. Their appearance must be very neat. It is best to wear a strict, business suit for the court, which can emphasize formality and restraint.
What documents may be required for a court hearing? At the request of the bailiff or guard, you can present any document that proves your identity. If the citizen is an employee of the court, then an official certificate must be presented. In the event that citizens were summoned to a court session on a summons, they need to have this document with them, in order to be able to present it at the first request. This summons contains the number of the office in which it is necessary to go through the registration procedure as a participant in the trial and inform the secretary of the court session about your visit. This procedure is carried out in advance, before the start of the trial.
Now is the time to tell you how to behave in court without a lawyer. These are not tricky rules any citizen who has become a participant in the court session is obliged to know. Criminal, arbitration, administrative court - it does not matter. The rules are the same everywhere. First, entering the courthouse, you should definitely tell the bailiff or security about the purpose of your visit. Everyone needs to strictly observe the queue in the office, with the exception of only those citizens who have the right to be served out of turn in public institutions. It sometimes happens that citizens who are summoned to court for the first time simply do not know how to behave in an institution. There must be silence in the courtroom. It is also forbidden to smoke indoors and litter. After a participant in the court session passes the registration procedure, he should be at the place indicated by the employee of the institution.
Ethics.
There is no need to express personal dissatisfaction and be unduly indignant if the court session was postponed for any reason. It can sometimes be delayed for 2-3 hours. There are several rules that everyone should follow: before entering the hall, it is imperative to turn off mobile phones, so that they cannot distract all participants in the meeting from the process and cannot interfere with their concentration. In the courtroom, it is prohibited to argue with or engage in sports with a judge. It is also prohibited to interrupt the participants in the process. Despite the fact that there is only one judge in the courtroom, when addressing him, a citizen must say - "Your honor" or "Dear court". You should also fully listen to the judge and answer him, give the necessary explanations and testimony only while standing. You are allowed to speak only after the court has given you the floor. You can ask to speak if there is any addition or clarification to this case. At the time of the trial, it is prohibited to ask questions yourself. Except for a request for clarification if the citizen does not understand something. You should not be overly angry and nervous. In the event that the participants in the trial begin to ask many clarifying questions, then with the help of this it is possible to establish the truth. If there is no certainty about something, then one should not refer to a very bad memory. And how it is necessary to behave in the courtroom, if the question was asked to the citizen by the prosecutor. Who needs to answer? It should be remembered once and for all that you need to go to court, even if the question was asked by a lawyer or prosecutor. It is imperative to answer very meaningfully, but nevertheless briefly, clearly setting out all the circumstances of the case. Excessive emotions should not be shown. Too intemperate and emotional citizens can simply be taken out of the backside, or fined for contempt of court. How to behave in court at a preliminary hearing.
Yes, it is worth noting that this meeting is just a casual conversation between all participants in the trial. But nevertheless, it is imperative to comply with all established rules and regulations, in accordance with Russian law. Of course, do not forget about ethics. For example, a judge is obliged to wear a gown even at a preliminary session, for the reason that, despite the lack of severity, this is still a trial. And he, accordingly, should proceed in the same way as the hearing of the case, with the keeping of the minutes. At this meeting, all additional circumstances of the case are discussed, the need for the presence of witnesses is being clarified, etc. despite the fact that the hearing is informal, you still need to contact the judge as described above. You should get up if a question was asked or answer, not shout, interrupt or argue with the judge.
So, here we are talking about how to behave in court for a plaintiff in a civil case without a lawyer. And especially for such people, we list the rules that you should definitely follow.
It is necessary to get up only at the time when the judge entered the hall, or leave it. In addition, you should get up to get up from your personal seat to answer the question. This behavior will mean respecting the law, which is represented by the judge.
How should the respondent, plaintiff and witnesses behave? You can sit in your seat only after permission. All cell phones and all kinds of mobile devices must be turned off. At the moment when the debate of the parties begins, it is prohibited to accuse, shout and interrupt other participants in the court session, or to commit any illegal actions. In the event that the rules have been violated, the court makes a remark. If a citizen still cannot calm down in any way, penalties can be applied to him. Further, the violator of the order is taken out of the courtroom.
Who can attend an open court hearing. Anyone can come to this meeting, even if he does not pass in this case either as a witness or as a plaintiff or defendant. Witnesses who have been asked to await their summons are prohibited from entering the courtroom.
Only interested citizens or legal students can be in the courtroom. Is it allowed to record the trial? How should a photo reportage be carried out in Ale Court? It is forbidden. But still, you can make audio recordings. Only video and photography are prohibited in Russian legislation. It can only be done with the permission of the court or if there is permission from higher authorities. But still, the court session is allowed to be recorded on various audio devices.
Read the website article: How a power of attorney can be revoked
How employees should behave. It is worth noting that people do not very often get into processes. Based on this, it is best to know in advance how to behave. The court has a special code of ethics. With the help of it, you can regulate the behavior of employees of the judicial department and also of the participants in the process. Do employees have any advantages? Unfortunately, they do not exist, because according to Russian law, they must behave correctly, very calmly, show their goodwill towards others, and be tolerant. The employee is prohibited from speaking. Also, he should not commit those actions that may discriminate gender, race, or age, as well as material and marital status, nationality, political and religious preferences of each citizen. In addition to all this, it is forbidden to be rude, dismissive of participants and colleagues, show bias and arrogance. The employees of the judicial department have no right to insult or threaten the participants in the trial, as well as their colleagues. Or provoke them to commit an illegal act.
How to behave as a plaintiff in court? It is in this issue that we understand in more detail. You cannot get an answer at the trial. Only the judge is allowed to ask questions. He has a schedule of office hours. To be able to communicate with him for any reason, you should first make an appointment with him. Only after meeting with him, you are allowed to ask all your questions, or write a statement, according to the law. But you should also be aware that employees or a judge do not provide assistance in the preparation of a document and various consultations. These issues are dealt with by lawyers. In any courthouse, there are special stands with the necessary information. On them you can find samples of various documents and applications that you can draw up on your own, as well as details for paying the state duty. Summing up, it must be said that all the required rules must be observed in the courtroom. And not only for the reason that all of them must be respected, and the violator may face a fine. It should be remembered that the court is the executive branch and acts on behalf of the Russian state. In the event that a citizen treats the court with disdain, then these actions are evidence of disrespect for his state.
Watch the video
The court is called upon to resolve controversial issues of the parties, to determine the measure of responsibility for the commission of unlawful acts. A court sentence can be either a fine or a life sentence in places of deprivation of liberty. It depends not only on the essence of the act, but also on how to behave in court during sessions. The judge evaluates the personalities 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 on how to behave in a trial, according to which:
The parties are obliged to arrive at the court at the appointed time without delay;
You cannot 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;
There is no need to voice threats in favor of the party;
You cannot interrupt the participants in the process, ask questions yourself (with the exception of cases when a person defends his interests on his own);
It is necessary to clearly and clearly state the position, to 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.
Errors in behavior in court can have fatal consequences, from the issuance of a warning to an increase in the actual term of serving a sentence. The decision is made by the judge.
Conduct in Court: Typical Errors and Consequences
1) Violation of the rules of the court session. The hearing takes place according to a clear-cut well-oiled scheme, where the judge is at the head. Shouting from a place, rudeness towards participants or a judge may result in a fine and being taken out of the courtroom.
2) Conducting unauthorized photo or video filming. 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 any inconvenience to anyone.
3) Shouting, interrupting the opponent. This error in court behavior is most common 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 one behaves in the magistrates' court. If opponents are rude and aggressive, this affects the decision of the magistrate.
4) False readings. In an effort to get things done, the parties may distort the facts. We must not forget that before the hearing, work was carried out to collect evidence, search for the reasons for the crime, and analyze the situation. Concealing or distorting facts is a criminal offense.
The plaintiff, the defendant, the judge, the prosecutor, the lawyer, the witnesses, the jury, the secretary, the bailiffs participate in the court session. The trial is a well-coordinated process, the violation of the course of which will necessarily lead to negative consequences.
1) Be sure to remain calm and discreet;
2) Answer questions clearly, but only after;
3) Remain silent during uncomfortable questions;
4) Do not be rude to the judge and the participants in the process.
Compliance with such rules of conduct in court will make it possible to avoid escalating the situation, creating a more favorable image for the accused. It is worth using the recommendations given while defending your rights in court without a lawyer.
How to behave in court as a witness:
Do not enter into verbal altercations with participants in the trial;
Apply exclusively to the court;
It is important to understand the degree of responsibility for perjury.
A witness in court is a third party who must only provide truthful testimony. If you behave impulsively in court, then such a witness will be perceived as interested in making a specific decision 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 suits seek to save money on the services of a lawyer and decide to defend their interests on their own. Without legal education and experience, it is difficult to win a case, but it is still possible. There are several rules for how to behave in court without the support of a lawyer:
Propose peaceful solutions to the conflict;
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 about 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 of any successful completion of a business is calmness and confidence. Excessive emotionality makes it difficult to present evidence, to give important testimony. It is necessary to prepare for the court in advance. Its course is influenced by preliminary consultations with lawyers and lawyers. Do not give in to provocations from the participants in the meeting. Honest testimony and dignified behavior will always have a positive effect.
At the preliminary session of the court, say little, express your demands to the opposite side at the court. The preliminary session 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, which are stated in the claim, 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, before the trial, prepare all the answers to the questions that are of interest to the judge. 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 so you have passed the preliminary court 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 appeared at the court session, explains to both parties their rights, the court session goes into the stage of petition. The plaintiff can declare that they object to your request, or they can say that they leave 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 to yourself in your notebook, after his speech on these notes you can ask him questions, the turn to ask them will come to you 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 the questions to the opposite side have been asked, the floor will be presented to you. Be specific about your objections to the case. Initially, you will be asked by the judge, then your lawyer, then the plaintiff's lawyer and the plaintiff himself. When the prosecutor is present at the hearing, he asks questions after the judge. Nobody else can ask you at the hearing. Also, if you have any questions to the plaintiff's witnesses, if such will be present at the hearing, you can ask them the points that interest you.After the court hears all the parties and considers all the evidence, reads out the materials related to the case, the court announces the pleadings of the parties. The plaintiff in the debate of the parties will announce his claims against you, and you express your disagreement, it is better, of course, that a lawyer represents your interests in the debate. Now you know how to speak correctly in court.
A source:
As a rule, any case that was considered in court ends with a decision by the court, in which persons who have a personal interest in it, the opposite ...
Depending on the circumstances, the person is required to behave appropriately. So, how to behave in court. The first most important tip is neatness. Dress in clean, ...
According to the Civil and Arbitration Code, persons participating in various legal proceedings, in order to protect their own interests, can submit a petition to the court ....
Some people do not manage to peacefully solve some financial problems, then a couple have to go to court to solve them. But it is not always enough to achieve positive ...
