At the preliminary court hearing, say little, express your demands to the opposite side 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 to yourself in a 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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A visit to such a state body as a world district court, federal or other courts of the Russian Federation implies the need to comply with the public and private rules of conduct in the courthouse, as well as directly in the courtrooms during the trial. In this article, we will analyze the norms of behavior, and also talk separately about whether there are established requirements for the dress code of visitors to the court and about the presence of prohibitions on the commission of certain actions while in court.

Basic rules of conduct in court

Visitors to the court must follow the rules of conduct in court established by the procedural legislation of the Russian Federation, as well as individual legislative acts, here are the main ones:

• at the time of passing the checkpoint at the entrance to the court building, report the purpose of the visit to the bailiff for the OUPDS (ensuring the established procedure for the activities of the courts), provide an identity document, an official ID if you are summoned to court as an official, as well as a court summons, if the purpose of the visit is participation in a court session;
• prior to the start of the court hearing process, report the appearance by subpoena or any other form of court notice to the clerk. To do this, you must contact the meeting room in which the hearing is scheduled. A summons to a court session must be expected in a place designated by a court employee or a bailiff;
• during a visit to the reception of a judge or one of the departments (court office, other structural unit), strictly observe the order of reception;
• it is important to maintain silence, respect for the property of the court;
• also, visitors must comply with legal orders from judges, bailiffs for the OUPDS and employees of the court apparatus;

It is important to know that violation of the established rules entails adverse consequences in the form of a remark, removal from the courthouse, or even a fine.

In addition to these rules enshrined at the legislative level, pay attention to the rules for being in court established by the chairmen of specific courts. These rules are no less binding.

Here is an approximate list of rules that are established by the chairmen of the courts:

1. Requirements for the appearance of visitors to the court.
2. Rules for the use of mobile phones, smartphones and other gadgets in the courthouse.
3. Procedure for admission of visitors to the courthouse.
4. Finding visitors in court during the working day and after it.
5. Admission of visitors to the courthouse at lunchtime.
6. Rules aimed at ensuring security in court.

This list of rules is mandatory placed on the websites of the courts in electronic form, and it is also placed on the information stand of the court, so it will not be difficult to get acquainted with it.

Rules of conduct for participants in a trial in a court session

Along with the rules of conduct directly in the courthouse, there are also rules of conduct for participants in the case in the process and for maintaining order in the court session. These norms are established by separate articles of the codes of procedural legislation (Article 158 of the Code of Civil Procedure of the Russian Federation, Article 257 of the Code of Criminal Procedure of the Russian Federation).

Here are the basic rules:

• When the judge enters the courtroom, everyone in the courtroom stands up. The announcement of the court decision and other judicial acts that end the case, the persons in the hall are listened to while standing.
• The participants in the proceedings address the judges with the words: "Dear court!", All explanations to the court are given while standing. Ignoring this rule can be implemented with the permission of the referee.
• Proper order in a court session should not be hindered by the actions of the citizens participating in it.

In addition to the need for order in the court session, it is mandatory to comply with the stages of the trial established by the procedural legislation and the presiding judge.

Civil proceedings are divided into the following stages:

1. Announcement of the composition of the court.
2. The stage of withdrawals and self-withdrawals.
3. Explanation of rights and obligations to participants in the process.
4. Petitions.
5. Consequences of failure to appear in court.
6. Transition to the consideration of the case on the merits.
7. Explanations of the persons involved in the case.
8. Questions of the court to the parties. Questions of the participants of the process to each other.
9. Examination of the evidence in the case.
10. Announcement of the end of the consideration of the trial on the merits.
11. Debates, remarks.
12. Removal of the court to the deliberation room for a decision.
13. Announcement of the decision.

Deviation from the established stages is possible only with the permission of the presiding judge, for violating the course of the trial, a remark, a second remark is also possible, and if the violator continues to behave inappropriately, removal from the courtroom for a certain time or until the end of the trial.

The participants in the trial must also follow the established order of speaking in the trial.

At the end of the report of the case by the presiding judge, the right to give explanations is granted to the participants in the process in the following order:

1. Claimant.
2. A third person who acts on the side of the plaintiff.
3. Respondent.
4. Third party on behalf of the defendant.
5. Other persons involved in the case.

Persons summoned to court as witnesses also need to know and follow the rules of conduct in court and the procedure for interrogation:

• Witnesses wait for their turn to be interrogated near the entrance to the courtroom; they are subject to an invitation for interrogation either by the judge's office or by the bailiff.
• Before interrogation, the court warns the witness who appears about criminal liability for refusing to testify and giving knowingly false testimony, about which a signature is taken.
• During the interrogation, the witness answers questions related to the proceedings in a clear and distinct manner.
• Communication between the participants in the process and the witness outside the "question-answer" form is not allowed. Witnesses are prohibited from asking questions to persons participating in the case during interrogation.

appearance requirements

The rules of conduct in the courthouse, established by the chairmen of the courts, may also establish requirements for the appearance of court visitors:

Here are the main requirements that are most often found in the courts of the Russian Federation.

1. The ban on visiting the court in shorts, slates, regardless of the time of year and weather.
2. Clothing should not distract from legal proceedings; vulgar, provocative outfits are out of place.

In case of visiting the court in an inappropriate manner, the bailiffs have the right to make a remark to the visitor, as well as not to allow the visitor to the court building until the remark is eliminated.

Communication with the judge during the trial and during the reception

According to the main excerpts from the rules governing the activities of judges, there are rules that judges must comply with:

• A judge must follow high standards of morality and morality, be honest, maintain personal dignity in any situation, cherish his honor, avoid everything that could diminish the authority of the judiciary and damage the judge's reputation.
• Justice is administered competently, independently, impartially and fairly.
• A judge must avoid personal communication with citizens, as well as with representatives of organizations on issues related to the trial of cases of these citizens and organizations in court, except as provided for by procedural legislation. The judge is not entitled to give advice and legal advice to the said persons regarding their actions in the judicial process.

These requirements are contained in the following sources:

• code of judicial ethics;
• Decree of the Plenum of the Supreme Court of the Russian Federation No. 27 dated May 31, 2007;
• procedural legislation of the Russian Federation;
• Constitution of the Russian Federation.

The reader's attention should be drawn to the fact that at the reception of judges, established by the chairmen of the courts in almost every court, the issues of the consideration of the case are not subject to discussion. The reception is intended to assist in the collection of evidence and on other issues within the framework of the norms established by the current legislation.

Thus, communication with judges on the issue of consideration of court cases outside the trial or in the course of such proceedings outside the rules established by the procedural legislation is strictly prohibited.

What are visitors not allowed to do while in court?

Based on the foregoing, there are a number of prohibitions that visitors must comply with.

It is forbidden:

1. Violate the rules of conduct in court and litigation established by the current legislation of the Russian Federation and other regulations.
2. To be in court in a state of narcotic, alcoholic or other intoxication.
3. Violate the legal requirements of judges, employees of the court apparatus and bailiffs.
4. Interfering with the course of the trial, shouting, fighting, swearing, damaging the property of the court, behaving insultingly towards the court staff, participants in the process.
5. Ask the court questions related to the case.
6. Seek legal advice from judges and court staff.
7. Talk on the phone while in the courtroom.
8. Without informing the chairman of the court and his written permission to take photos and videos in the courthouse, as well as without the permission of the presiding judge directly in the courtroom.

The need to visit the courts of the Russian Federation arises for more and more citizens of our country, so it is very important to know about the rules of conduct in court and follow them, then visiting the court and participating in the trial will not be a big problem for you.

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 state of law, 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 the statement of claim, and you only need to retell what is already written in the claim. 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 that the discussion will continue on 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 what you yourself do not understand well, 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 compiling a protocol and an inventory, documents were seized that were not even 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 significant 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 the stereotypical thinking of the 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 what you want. And then step back to the desired amount.
• The next trick is the universal rule of reciprocity. 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 entering into a settlement agreement, offer favorable 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.

Instruction

Show up for court full meeting 5-10 minutes before it starts. 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 be reprimanded.

Don't be upset if you have to wait a long time before being called into the courtroom. Try to calm down, do something, tune in a positive way. Do not leave the courtroom unnecessarily for a long time, so as not to miss the moment when you are invited to enter.

Appeal to the judge must begin with the words "dear court". When making a speech, it is also permissible to say "

Your Honor

". Any evidence and explanations should be given only while standing. There are, however, exceptions to this rule. They may concern seriously ill patients,

old people

Kalek, etc., and require special permission from the presiding officer. Shouts and comments from the seat are strictly prohibited.

Do not address questions to the judge: they can only be asked to participants in the process and representatives. It is forbidden to interrupt the plaintiff, defendant, witnesses, etc. during performances, even if you are sure that they are lying or insulting you. You can express all your claims later, moreover, only with the permission of the judge.

After court after the second 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 that it is presented to the court at the hearing stage.

Behave properly. It is forbidden to talk on the phone, read books, newspapers and magazines, talk loudly, eat, etc. in the courtroom. 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 as a plaintiff in court

In recent years, issues related to the participation of citizens in court hearings have become popular. Very often, TV specials deal with fictional stories that become the subject of legal proceedings. The features of modern reality do not exclude your participation in the actual consideration of a civil or criminal case by a court. But not everyone knows how to behave in court.

Instruction

Get a first idea of ​​the specifics of the legal process. Those who participate in a court session are called 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 may be civil or criminal. All parties to the process have specific duties and rights, but there are also universal rules of conduct that should be observed by all participants in a court session, regardless of their status in a particular case.

Treat the court and its officials with respect and reverence, but without fear. Often one has to observe citizens who cautiously 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 well for the court hearing. Before starting the process, you need to know exactly for what purpose and in what capacity you are appearing in court. Determine for yourself what explanations you will give in court, what you will talk about. It is recommended to study the written documents relevant to the case before the meeting.

Be punctual. Show up to court on time. The subpoena always contains the exact time and place where the hearing of the case is held. If you are late for a meeting, then thereby make it clear that you are not too respectful of the court. If you are late or do not appear for a valid reason, provide the judge, through his assistant, with documentary evidence that the reason is significant.

Strictly observe ethical standards in the court session. The hearing process is clearly regulated. You are not allowed to get up and leave the room whenever you feel like it. Shouts from the place, quarrels with the other side of the case should be excluded from behavior. These and other manifestations of contempt of court entail statutory liability, 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 away from the subject matter. This prevents the judge from understanding the specifics of the situation and delays the trial. Be truthful, give the court only the facts, 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.

Justice in court should be achieved through the correct preparation and filing of a claim, the collection and presentation of evidence, and 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 fairness in a civil court; usually, professional conduct of a case requires certain knowledge in procedural law, as well as in the legal branch that reflects the essence of the case under consideration. 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 form of the application, its content, the attached documents are contained in the Civil Procedure Code of the Russian Federation. Once completed, the application is filed or sent to the appropriate court (usually this court is located at the defendant's place of residence). Documents must be submitted 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 completed successfully, then the court accepts the statement of claim for proceedings, sets the date for the preliminary hearing. The plaintiff receives a summons to appear at the specified meeting, and before the very appearance it is recommended to carefully study the case, clearly formulate his 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 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 require some of them), then the probability of making a positive decision increases dramatically.

Many plaintiffs who have achieved a fair judgment naively believe that the case is over, and the defendant will voluntarily and immediately pay the required amount or perform other actions prescribed to him by a judicial act. This happens only in rare cases, so usually the plaintiff has to wait for the court decision to enter into force, and then apply to the same judicial authority 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 otherwise interfere with the execution of the decision.

Sources:

• Civil Procedure Code of the Russian Federation in 2018

Mankind 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 matured to this utopia, sometimes it becomes necessary to settle our differences in court. It does not matter who you will act as during the court session - the plaintiff, the defendant or the witness - it is important to correctly build your line of conduct. So, how to 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 world courts - these are "grassroots" or, as they are also called, courts of first instance. They consider cases involving claims up to 50 thousand rubles. These can be property and labor disputes, cases of compensation for moral and material damage, consumer protection, etc. The limitation on the amount of the claim sometimes gives the impression that such a court is less official, which means that you can behave there more freely. However, this is not true - any court requires a respectful attitude towards itself, so during the meeting you need to behave prudently.

How to dress for a court session? In fact, there is no official 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 relate to clothing. For example, do not wear too short and tight clothes, sheer t-shirts, mesh dresses, etc. Once again, this does not affect the court's decision in any way (although you can get a contempt fine if your outfit exposes those parts of the body that are customary to hide), but can create a negative impression.

How to behave in court at a preliminary hearing? The preliminary session of the world court on civil issues 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 offers to conclude a settlement agreement. At the preliminary hearing, you must behave in the same way as during the process - correctly, do not shout from your seat, you need to address the judge “Dear Court”, stand up when addressing, etc.

The defendant is initially at a disadvantage, as he is forced to defend himself against the accusations. Although from the point of view of the law, until proven guilty, he is considered innocent. So, how should the defendant behave in court? The main point is the 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 evidence of his innocence. Without preparation, acute situations may arise during which the defendant may become nervous, break down, scream 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 to behave as a plaintiff in court. He goes to court, which means that he initially considers himself right, plus he is often overwhelmed, if not by a thirst for revenge, then at least by a desire to restore justice. Temperamental people often lose their temper during a meeting. They are annoyed by the need to re-create the whole chain of events that confronted the two sides in the face of the law, to pronounce all the circumstances of the case again and again and 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.

The witness may represent one of the parties, act independently of them 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 case. So, if you were called as a witness, you must appear before the start of the court session, report your arrival, present documents (passport) and wait for the call to the courtroom. The witness must be warned about the responsibility for giving false testimony (Article 307 of the Criminal Code of the Russian Federation), after the speech he can remain 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 are very empathetic to one of the parties. Lies tend to come to the surface, and after that the witness will lose the trust of the court, because of which all his testimony, including reliable ones, will be in doubt. In addition, as we have already 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, in fact, you can come to the courtroom as if you were on some kind of entertainment show. You just need to show documents at the entrance and take a free seat.

However, there are several limitations. Spectators are not allowed to make noise, comment on what is happening, shoot or take pictures.

Very often, relatives and friends of one of the parties are present at the meetings - this is not prohibited. However, it is necessary to provide for the following point - if it is planned to call one of them as a witness, then they must be removed from the courtroom before they speak.

There are several general rules that explain how to properly behave 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. Testimony can only be given while standing. In the same position, you need to make all statements, apply to the 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. It is permissible to supplement one's testimony or give explanations 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 a warning to the violator. 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 act 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 were summoned by a summons, then you must report your arrival to the secretary. Once you have been registered, you are not allowed to leave the courthouse.

7. In the Magistrate's Court, the appeal "Dear Court" is accepted, in the district and higher courts it is customary to address the judge with the words "Your Honor." It is not customary to address a judge by their first and middle names.

8. Mobile phones and other similar devices must be turned off before starting the process. Photos and video prohibited.

9. You should refrain from questions to the judge and the prosecutor.

10. It is forbidden to shout from a place, interrupt others, use foul language. In general, you need to refrain from violent expression of emotions. Such behavior may be considered contempt of court, leading to a verbal warning, removal from the court, or a fine.

We talked about how to behave in court so as not to get a penalty for disrespecting him. However, this does not guarantee you a positive outcome when considering the case. In fact, there are thousands of little tricks that 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 handle a case in court in order to expect a positive result, which means that it is better for any party to the process to enlist the support of a legal professional. Remember that judges and lawyers speak the same language, therefore, the lawyer will be able to correctly formulate precisely those arguments that will convince the court of your innocence if you are the plaintiff, or of your innocence if you are the 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.

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When holding any official event, it is necessary to follow a number of certain rules that are acceptable. In this case, the holding of a court session is no exception. Yes, it is worth noting that these rules are also strict, in other places they are softer. This will generally depend on the specific location. No matter how rigid the rules are, they must always be followed.

• Firstly, this is required by the rules and norms of etiquette adopted in society.
• Secondly, in certain places, if proper behavior is not observed, very severe penalties are applied to a person, perhaps even a fine.

Often, such emotions can be seen at the hearing during the debate of the parties, or answers to some questions. Established uniform principles of conduct relating to all citizens. Russian legislation indicates how a plaintiff, defendant, witness, law enforcement officers should behave in court. In addition to all this, there are also ethical standards that must be followed by all participants in the trial. 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 practical tricks that you may find useful. In addition, it is recommended to look appropriate. For defendants, plaintiffs, witnesses, there is no specific dress code. Their appearance and style may vary. But still, one must always remember that a very sloppy appearance and excessive frankness in the style of clothing is not suitable for a court session. This can negatively affect the general opinion of a person.

As for the court employees themselves, there are some ethical norms. Their appearance must be very neat. It is best to wear a strict, business suit to the court, which can emphasize formality and restraint.

What documents may be required for a court hearing? At the request of the bailiff or guards, you can present any document that proves your identity. If the citizen is an employee of the court, then an official certificate should be presented. In the event that citizens were summoned to a court session on a subpoena, 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.

It's time to tell you about how to behave in court without a lawyer. Any citizen who has become a participant in a court session must know these tricky rules. 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 guard about the purpose of your visit. Everyone must strictly observe the queue to the office, with the exception of only those citizens who have the right to be served out of turn in state institutions. It sometimes happens that citizens who are summoned to court on a subpoena for the first time simply do not know how to behave in an institution. Silence must be observed in the courtroom. It is also forbidden to smoke indoors and litter. After the participant of the court session has passed 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 unnecessarily 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 necessary to turn off mobile phones so that they cannot distract all participants in the meeting from the ongoing process and cannot interfere with concentration. In the courtroom, it is forbidden to argue or engage in sports with the judge. It is also forbidden to interrupt 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 testify only while standing. You are only allowed to speak after the court has given you the floor. You can ask for the floor if there is any addition or clarification to this case. At the time of the trial, it is forbidden to ask questions yourself. With the exception of a request for clarification, if something is not clear to the citizen. Don't be overly angry and nervous. In the event that the participants in the trial begin to ask a lot of clarifying questions, then with the help of this it is possible to establish the truth. If there is no certainty in something, then one should not refer to a very bad memory. And how it is necessary to behave in the courtroom, if a question was asked to a citizen by a 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 still briefly, clearly setting out all the circumstances of the case. You can not show excessive emotions. Too unrestrained 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 still, it is imperative to comply with all established norms and rules, in accordance with Russian legislation. Of course, one should not forget about ethics. For example, a judge is obliged to wear a gown even at a preliminary hearing, for the reason that, despite the fact that there is no strictness, this is still a trial. And he, accordingly, should be held 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 clarified, etc. despite the fact that the court session is of a relaxed nature, you still need to contact the judge as described above. You should stand up if a question was asked or answer, do not shout, do not interrupt or argue with the judge.

So, here we are talking about how to behave in court as a plaintiff in a civil case without a lawyer. And especially for such people, we list those 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 rise to get up from a personal place to answer the question asked. This behavior will mean respect for the law that the judge represents.

How should the defendant, 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 forbidden to accuse, shout out and interrupt other participants in the court session, or to commit any illegal actions. In the event that the rules were violated, the court makes a remark. If a citizen still cannot calm down in any way, penalties may 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 participate in this case either as a witness, or as a plaintiff or defendant. Witnesses who have been asked to wait to be called are not allowed in the courtroom.

Only interested citizens or students of legal challenge can be in the courtroom. Is it allowed to record the trial? How should a photo essay be carried out in Ala court? It is forbidden. But still, you can make audio recordings. Russian law prohibits only video and photography. It can be done only 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 site article: How the power of attorney is canceled

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 it, you can regulate the behavior of employees of the judicial department and also participants in the process. Do employees have any benefits? Unfortunately, they do not exist, because according to Russian law, they must behave correctly, very calmly, show their goodwill towards others, and tolerance. The employee is not allowed to speak. Also, he cannot perform those actions that may discriminate against 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, disdainful towards participants and colleagues, show bias and arrogance. Employees of the judicial department are not entitled to insult, threaten the participants in the trial, as well as their colleagues. Or provoke them to commit an illegal act.

How to behave in court as a plaintiff? It is in this issue that we understand in more detail. You can't get an answer in a lawsuit. Only the judge is allowed to ask questions. He has a schedule of office hours. To be able to talk to him for any reason, you should first make an appointment with him. Only after meeting with him, it is allowed to ask all the questions that interest you, or write a statement, in accordance with the law. But you should also be aware that employees or a judge do not provide assistance in the preparation of any document and various consultations. Lawyers deal with these matters. In any court building there are special stands with the necessary information. On them you can find samples of various documents and applications that you can issue yourself, 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 observed, and the violator may face a fine. It should be remembered that the court is the executive branch, and it acts on behalf of the Russian state. In the event that a citizen treats the court with disdain, then these actions are proof of disrespect for their state.

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Respectable citizens not associated with jurisprudence do not often find themselves in court. Therefore, it is important to know how to behave in the process of proceedings on the case, what to do and what not!

Proper behavior in court is a very important part of winning the case.

1. Appearance can play a very strong role for or against you. Try to look solid, restrained and elegant. Avoid flashy, provocative outfits.
2. Meetings are quite often rescheduled or postponed for some time. You should not express your dissatisfaction about this. In any country, this is quite a common situation.
3. It is advisable not to create interference in the courtroom: it is better to turn off mobile phones or switch to silent mode, postpone conversations and whispering for later, do not rustle with a newspaper / magazine.
4. The judge in the courtroom is the chief. It must be treated with respect and respect. It is strictly forbidden to interrupt anyone in the courtroom. A modest and calm demeanor is encouraged.
5. There are a number of rules when entering into a dialogue with someone. If you are addressing a judge, start with "Dear Court". If asked, answer questions while standing. When you have been given the floor, you should speak standing up.
6. Answering questions should be short and to the point.
7. Don't shout out. If you forgot to give the floor, politely ask the judge about it.
8. You can't ask questions in court. Neither the court nor the prosecutor answer questions. Exception - if you do not understand some point / decision
9. Keep in mind that it is rare to meet a prosecutor in court. Most often, his assistant (younger and less experienced) favors him. Exceptions are serious hearings involving employment or housing matters. The court most often listens to the arguments of the prosecutor, but they do not really affect his decision.
10. The court or the prosecutor may not ask you questions in the most polite tone. It may seem that they are trying to catch you in a lie. This is not true.
11. It is not advisable to use facts about which you do not remember well in your testimony. This may raise doubts.
12. The court can interrupt you. This happens most often when you start to deviate from the essence of the question asked.

1. Upon entering the hall, you need to give your passport to the secretary and sign the document on responsibility for giving false evidence (at the request of the judge).
2. You will first be asked about your relationship with the plaintiff and the defendant. You need to answer the truth, indicating both your connection (relative, colleague, neighbor, etc.) and your relationship (friendly relations, new acquaintances, etc.). It is not recommended to express your dislike for any side. this may cause distrust of your testimony.
3. It is recommended that you answer questions briefly and to the point.
4. It is important to understand that if you come as a witness, you will be asked questions. You are not allowed to ask questions. If you don't understand a question, you can ask for clarification.

Proceedings of the court session in three parts

First part of the meeting. preparatory

In this part, the judge and his secretary introduce themselves and check the documents of the participants in the process. Participants are read their rights. Some organizational issues are considered. At the end, the court asks if anyone has petitions or applications. As a rule, everyone answers “no”.

Second part of the meeting. Consideration of the case.

Both sides have their say in this part. The court listens to the explanations of both parties and witnesses, if any. If you are acting as a plaintiff, you need to explain in as much detail as possible what you want from the defendant and why. If you act as a defendant, you need to prepare a high-quality response to the claims presented to you. During this part, both parties have the right to invite and interrogate witnesses, ask the judge to attach the documents you have to the case, comment on the documents provided by the opposite side. If necessary, you can ask the court to conduct an independent examination. Before inviting a witness, it is necessary to state a petition to this effect, indicating the reasons and motives for calling him.

This stage is the most important. During this part, all arguments are expressed and all evidence is given. At the end, the court briefly announces all available documents and asks if there are any other evidence.

Third part of the session. Litigation.

During the debate, the persons participating in the case and their lawyers speak. They briefly reiterate their position, mentioning the testimonies of witnesses and the attached documents. Later, replicas of the parties are allowed.