How the case is heard in the magistrate's court. Basic requirements of behavior in court: useful recommendations

When holding any official event, it is necessary to perform a number of certain rules, which are acceptable. IN in this case, holding a court hearing is no exception. Yes, it is worth noting that these rules can be strict, but in other places they are more relaxed. This will generally depend on the specific location. No matter how strict the rules are, they must always be followed.

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

Often, such emotions can be seen on court hearing during debates between the parties, or answers to any questions. Established uniform principles of behavior that apply to all citizens. Russian legislation outlines how a plaintiff, defendant, witness, and law enforcement officers must behave in court. In addition to all this, there are also ethical standards that must be adhered to by all participants in the legal process. What kind of clothing should you wear to a court hearing?

You need to know not only how to behave in court in order to win. There are also practical techniques that may be helpful. In addition, it is recommended to look appropriate. For defendants, plaintiffs, and witnesses, there is no specific dress code. Their appearance and style may vary. But still, you must always remember that a very sloppy appearance and excessive frankness in clothing style are not suitable for a court hearing. This can negatively affect the general opinion of the person.

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

What package of documents do you need to have with you?

What documents may be required for a court hearing? At the request of the bailiff or security, you can present any document that proves your identity. If the citizen is a court employee, then he must present his official ID. In the event that citizens have been summoned to a court hearing by subpoena, they must have this document with you, so that you can present it at the first request. This summons indicates the number of the office in which you must go through the procedure of registering 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.

Rules of conduct established in court

It's time to tell you how to behave in court without a lawyer. Any citizen who has become a participant in a court hearing must know these simple rules. Criminal, arbitration, administrative court - it doesn’t matter. The rules are the same everywhere. First, when 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 government institutions. It sometimes happens that citizens summoned to court by subpoena for the first time simply do not know how to behave in the institution. Silence must be maintained in the courtroom. It is also prohibited to smoke indoors and litter. After the participant in the court hearing has completed the registration procedure, he should be at the place indicated by the institution’s employee.

Ethics.

There is no need to express personal dissatisfaction or be unduly indignant if the court hearing 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, you must turn off Cell 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 prohibited to argue or engage in sports with the judge. It is also prohibited 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 testimony only while standing. You are allowed to speak only after the court gives you the floor. You can ask for the floor if there is any addition or clarification to this case. During the trial, you are prohibited from asking questions yourself. With the exception of a request for clarification if the citizen does not understand something. You shouldn't get too angry or nervous. If the participants in the trial begin to ask a lot of clarifying questions, then this can be used to establish the truth. If there is no confidence in something, then one should not refer to a very bad memory. How should one behave in the courtroom if a question was asked to a citizen by a prosecutor? Who needs to answer? You should remember 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 stating all the circumstances of the case. You cannot show excessive emotions. Citizens who are too unrestrained and emotional can simply be taken out of their butts, or a fine may be imposed for contempt of court. How to behave in court at a preliminary hearing.

Yes, it is worth noting that this meeting is merely a casual conversation between all participants in the trial. But still, you must comply with everything established standards and rules, according to Russian legislation. Of course, we must not forget about ethics. For example, a judge is required to wear a robe even at a preliminary hearing, for the reason that, despite the fact that there is no strictness, this is still a trial. And it, accordingly, should proceed in the same way as the hearing of the case, with the keeping of 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 hearing is informal, you still need to address the judge as described above. You should stand up if a question is asked or answer, do not shout, interrupt or argue with the judge.

Rules of conduct at court hearings

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 the rules that must be followed.

It is necessary to get up only at the time when the judge enters the courtroom, or to leave it. In addition, you should get up and get up from your personal place to answer the question asked. This behavior will indicate 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 between the parties begins, it is prohibited to accuse, shout or interrupt other participants in the court hearing, or commit any illegal actions. If the rules have been violated, the court makes a remark. If a citizen still cannot calm down, penalties may be applied to him. Next, the offender is taken out of the courtroom.

Who can attend an open court hearing? Anyone can come to this meeting, even if he is not involved in this case either as a witness or as a plaintiff or defendant. Witnesses who were asked to wait to be called are prohibited from being in the courtroom.

Only interested citizens or legal students are allowed to be in the courtroom. Is it permissible to record a trial? How should a photo report be carried out in Ale Court? It is forbidden. But still, you can make audio recordings. Russian legislation only prohibits video and photography. It can only be done with the permission of the court or if there is permission from higher authorities. But still, the court hearing is allowed to be recorded on various audio devices.

How should employees behave? It is worth noting that people do not get involved in the processes very often. Based on this, it is best to know in advance how to behave. In court there is a special code of ethics. With its help, you can regulate the behavior of employees of the judicial department and also participants in the process. Do employees have any advantages? Unfortunately, there are none, because according to Russian legislation, they must behave correctly, very calmly, show their goodwill towards others, tolerance. The employee is prohibited from speaking out. Also, he cannot commit actions that may discriminate against gender, race, or age, as well as financial and marital status, nationality, political and religious preferences of each citizen. In addition to all this, it is prohibited to be rude, to treat participants and colleagues with disdain, or to show bias or arrogance. Employees of the judicial department do not have the right to insult or threaten participants in the trial, as well as their colleagues. Or provoke them to commit an illegal act.

Consultations in court

How to behave in court as a plaintiff? Exactly at this issue We'll go into more detail. You can't get an answer at a trial. Only the judge is allowed to ask questions. He has a schedule of office hours. To be able to communicate with him on any occasion, you should first make an appointment with him. Only after meeting with him are you allowed to ask all the questions you are interested in, or write a statement, in accordance with the law. But you should also be aware that employees or the judge do not provide assistance in drawing up any document or provide various consultations. These issues are dealt with by lawyers. 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 prepare yourself, as well as details for paying state fees. To summarize, it must be said that all required rules must be followed 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 an executive branch and it acts on behalf of Russian state. If a citizen treats the court with disdain, then these actions are evidence of disrespect for his state.

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Each official event requires the implementation of certain rules of behavior that are acceptable. A court hearing is no exception. In some places they are strict, in other places they are softer, it all depends on the specific place. No matter how strict these rules are, they should always be followed. First of all, this is required by the rules of decency and etiquette accepted in society. In addition, in some places, severe penalties, including fines, can be applied to a person for unacceptable behavior.

Most often, the intensity of emotions at a court hearing is noticeable during questions, answers or debates between the parties. There are common principles of behavior that apply to everyone. The legislation outlines how plaintiffs, witnesses, defendants, and law enforcement officials should conduct their cases in court. In addition, there are ethical standards that must be observed by all participants in the process.

What clothes should you wear to a meeting?

It is important not only to know how to behave in court, but also to look appropriate. There is no dress code for plaintiffs, defendants and witnesses. The style of the top view may vary. However, you should always remember that sloppy, flashy, overly revealing and provocative clothing is not suitable for a court hearing. Inappropriate appearance can negatively affect the opinion of a person.

As for court employees, there are still certain ethical standards. Appearance must be neat. A strict, business style of clothing that emphasizes restraint and formality is desirable.

What documents do you need to have with you?

At the request of the security or bailiff, any identification document must be presented. If the citizen is a court employee, then an official identification card. When people are called to a meeting based on an agenda, they are required to have it with them so that they can present it upon request. The summons always indicates the number of the office in which you need to register as a participant in the process and notify the court secretary of your appearance. This is done in advance, before the start of the meeting.

Rules of conduct established in court

A person must know how to behave. Arbitration court, criminal, administrative - it doesn’t matter, the rules are the same for any meeting. Initially, upon entering the building, you must inform the security or bailiff of the purpose of your visit. It is necessary to strictly observe the queue in any office. The only exceptions are citizens who have the right to priority service in government agencies.

Sometimes those summoned for the first time do not know how to behave in court. Silence must be maintained in the building; littering and smoking must not be allowed. After a participant in the trial is registered, he must remain at the place indicated by the secretary or bailiff until called to the hearing room. The citizen is obliged to fulfill all the requirements that the employees of the institution make to him, as well as the orders of the judge.

Ethics

You should not be indignant and express your dissatisfaction if the court hearing is postponed for some reason. It can indeed sometimes be delayed for several hours. There are a number of rules that everyone must follow:

• Before entering the hall, you need to turn off cell phones so that they do not distract meeting participants from the process and do not interfere with their concentration;
• You cannot talk loudly, read newspapers or whisper in the hall;
• it is forbidden to argue or contradict the judge;
• participants in the process must not be interrupted;
• despite the fact that there is only one judge in the room, when addressing him they say “Dear Court” or “Your Honor”;
• listen and respond, give testimony and explanations only while standing;
• you can speak only after the court has given the floor;
• it is allowed to ask for the floor if there are any additions or clarifications to the matter;
• at the court hearing you cannot ask questions yourself (with the exception of asking for clarification if something is misunderstood);
• do not be nervous and angry if the participants in the process ask a lot of clarifying questions, thanks to this the truth is established;
• If you are not sure of something, then you should not refer to bad memory unless absolutely necessary.

How to behave in court if the prosecutor asked a question, who should answer? You need to remember that you should always go to court. Even in cases where the question was asked by a prosecutor or lawyer. You need to answer meaningfully, but briefly, dryly outlining the circumstances relevant to the case. Showing emotions is unacceptable. Unrestrained people can be removed from the courtroom and even fined for contempt of court.

How to behave in court at a preliminary hearing

Although this meeting is in the nature of a casual conversation between the participants in the process, it is still necessary to comply with all the rules established by law. Of course, don't forget about ethics. The judge, for example, even in this case must wear a robe. Because, despite the lack of rigor, this is still a judicial process, and it should take place in the same way as a hearing, with the keeping of minutes.

At the preliminary hearing, additional circumstances of the case are discussed, the need for the presence of witnesses is clarified, etc. Despite the fact that the court hearing is more relaxed in nature, you must address the judge only in the above manner, stand up during questions and answers, do not interrupt, do not shout or argue .

Rules of conduct at court hearings

It is mandatory to get up at the time the judge enters or leaves the courtroom. You must also rise from your seat to answer questions asked. Such behavior means respect for the law, which in this case is represented by the judge.

How should the defendant, witnesses and plaintiff behave in court? You can sit down only after permission. All mobile devices must be turned off. When the debate between the parties begins, you cannot shout, accuse, interrupt another participant in the trial, or commit other illegal actions. If the rules of conduct are violated, the court makes a reprimand. If a person does not calm down, penalties are applied to him. The offender is then escorted out of the courtroom by security.

Who can attend an open court hearing

Anyone can be there, even if they are not involved in this case in any capacity. The presence at the trial of witnesses who were left to wait in the hall to await the call is strictly prohibited. Law students and interested persons are allowed to be in the hall.

Is it possible to record a trial?

How to conduct a photo report in court? No, filming in the meeting room is prohibited. However, audio recordings are permitted. Russian legislation only prohibits photography and video shooting. It can be carried out only with the consent of the court or with permission from higher authorities. However, the meeting can be recorded using a voice recorder or other audio devices.

How employees should behave

It’s not very often that people get involved in trials, so it’s better to learn in advance how to behave. There is a special Code of Ethics in effect at court hearings. It regulates the behavior of employees of the judicial department and other participants in the process. Do employees have any benefits? No, because, according to the law, they are obliged to behave calmly, correctly, politely, to show goodwill and tolerance not only towards colleagues, but also towards all citizens who are in the courthouse.

The employee has no right to speak. He is also prohibited from committing actions that discriminate against gender, age, race, nationality, marital and financial status, citizenship, religious and political preferences any person.

Rudeness, a dismissive or arrogant tone, bias, and arrogance are unacceptable. Employees of the judicial department do not have the right to threaten, insult and humiliate participants in the meeting and their colleagues, much less provoke them to illegal behavior (for example, a fight).

Consultations in court

How to behave at court hearings if you have questions for the judge? It is impossible to get answers at the meeting. Only the judge can ask questions. He has a schedule of office hours. To communicate with him on any occasion, you must make an appointment in advance. Then, during a personal meeting, you can ask all your questions, write a statement, etc. legally.

But you need to know that the judge or employees do not provide assistance in drawing up documents or consultations. This is what lawyers do. Each courthouse has special stands with information. There are samples of applications and other documents that can be filled out without outside help, details for paying state fees and much more.

To summarize, it should be noted that all rules of conduct in court must be observed. And not only because the violator can be punished with a fine. It is important to understand that the court is an executive branch and acts on behalf of the state. Accordingly, if a person shows his disdain for the court, then this is evidence of his disrespect for the state.

Often people encounter difficulties that only a court can resolve. In this case, a statement of claim is filed, various documents are collected, and the state fee is paid. Next, all that remains is to wait for the day of judgment and prepare for it. Necessary to find out, how to speak in court as a plaintiff, decide on the issue of representation of your interests by a lawyer, etc. That is, you need to obtain information that will help you in the future to obtain priorities for maximum protection of your interests.

How should a plaintiff appear in court?

Features of the plaintiff's behavior

1. Think in advance about what questions the judge might ask you, and rehearse your answers at home;
2. Analyze the defendant’s tactics in advance and prepare for this aggressive behavior;
3. Try to restrain yourself as much as possible and not show any negative emotions;
4. Do not shout answers or interrupt the judge;
5. Try to make your answers concise and accurate so that they reflect the essence of the case and do not lead the court astray;
6. Remember also that you have the right to ask your questions to the defendant, therefore, these questions need to be thought out in advance, and in such a way as to necessarily bring the defendant to clean water. Questions should also be clear and concise, and they should certainly get to the point.

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Consideration of the case on the merits, as a rule, takes place in a court hearing with the participation of all interested parties. The arbitration process is predominantly “written” (all evidence and arguments are contained in the documents presented to the court). But an oral presentation by a lawyer makes it possible to highlight the most important thing in his position and give it additional persuasiveness. That is why it is important for the plaintiff to know how to behave in a court hearing of the arbitration court, in what order to submit motions, how to participate in debates, etc.

It is almost impossible to describe the algorithm of actions in all possible situations that may arise in a court hearing of an arbitration court. However, the basic rules, tricks and subtleties of behavior at various stages of the trial are outlined below.

Procedure at the court hearing

The first thing the plaintiff needs to pay attention to is the observance of order in the court hearing of the arbitration court.

During the court hearing, the plaintiff must comply with the following basic rules:

• when the judge enters the courtroom, all those present stand up;
• participants in the process address the court “Dear Court” (but not “Your Honor” and not by name and patronymic);
• the participants in the process, standing, give their explanations and testimony to the court, ask questions to other persons participating in the case, and give answers to the questions asked of them;
• participants in the process are required to obey the orders of the presiding judge;
• Participants in the process, due to the principle of publicity and openness of the trial, without special permission from the court, can record what is happening at the court hearing in writing (including in social networks and electronic media using our own technical means) or using audio recording tools. Filming and photography, video recording, broadcasting of a court hearing of an arbitration court on radio, television and on the Internet information and telecommunications network are permitted only with the permission of the judge presiding at the court session;
• Everyone in the courtroom listens to the court's decision while standing.

Such rules are established in Part 7 of Article 11 and in Article 154 of the Arbitration Procedure Code of the Russian Federation, as well as in paragraphs 2 and 3 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 2012 No. 61 “On ensuring transparency in the arbitration process.”

Deviations from the general rules are also permissible only with the consent of the judge. In case of non-compliance of this order the violator may be warned and then removed from the courtroom. This applies to both the party in the case and its representative or any other participant in the process (resolution of the Federal Antimonopoly Service of the Moscow District dated July 21, 2011 in case No. A40-8486/10-64-771). In addition, the court may impose a judicial fine on the plaintiff (his representative), present at the court hearing, for his contempt of court (Part 5 of Article 119 of the Arbitration Procedure Code of the Russian Federation).

In addition to the rules listed above, which are directly enshrined in the Arbitration Procedural Code of the Russian Federation, there are several more rules that are not directly stated in the law:

1. There is no need to disrupt the process.

The fact is that a court hearing has a very definite and logical structure: first, the composition of the court is announced, the attendance of the participants in the process is checked, then petitions are filed and resolved, and only then the case is considered on the merits, judicial debates take place, and a judicial act is issued. The entire course of the process is directed by the judge (or the presiding judge in the collegial composition of the court). And when one of the parties disrupts the process, this most often causes a negative reaction from the judge.

Examples of attempts to disrupt the process vary widely: a party may file motions prematurely; during the consideration of the case, challenge her for reasons known to her even before the start of the process; interrupt a representative of the other side during his speech; present evidence during court arguments, etc.

To eliminate such violations on your part, you need to remember at what point in the process you can perform certain actions, and also learn to listen carefully to the judge and other participants in the process, even if for some reason they want to object.

2. There is no need to engage in emotional altercations with procedural opponents during a court hearing.

The fact is that representatives of the opposing side often commit various provocative actions towards their procedural opponents. Such actions can not only disrupt the process, but also damage your authority in the eyes of the judge. In such cases, you need to remain calm and not react to the negative and inappropriate attacks of your opponents. Judges always welcome such correct behavior. In addition, during the court hearing, the party or its representative will be given time to express their objections.

What to do if the defendant behaves aggressively, is clearly trying to provoke or hurt

3. It is necessary to record what is happening at each court hearing using audio recording devices (except for cases when the hearing of the case takes place not in an open court, but in a closed court session). It is worth recording a court hearing with your own voice recorder, even though during each meeting the court takes notes using own funds audio recordings (part 1 of article 155 of the Arbitration Procedure Code of the Russian Federation).

This is due to several reasons:

1) the plaintiff will not have to waste time getting a copy of the audio recording of the court hearing from the arbitration court;

2) it often happens that when listening to an audio recording made by oneself arbitration court, nothing is heard except the words of the judge;

3) there is a risk that a technical failure will occur during the court hearing in the arbitration court. This may result in the loss of the audio recording of the court hearing.

Therefore, it is advisable for the organization to introduce a rule according to which representatives of cases in court conduct an audio recording of each open court hearing in each court case. Then, depending on the outcome of the court hearing, the recordings are deleted or stored on a separate medium. Subsequently, such records can be used to defend their interests in higher courts or when considering other cases involving the same parties.

Due to the principle of publicity of court proceedings, the judge does not have the right to prohibit the use of a voice recorder or other sound recording device to record the progress of an open court hearing on the grounds that the arbitration court already records each court session using audio recording means. According to the clarifications of the Supreme Arbitration Court of the Russian Federation, mandatory recording during each court session of the arbitration court of the first instance using audio recording means does not prevent the exercise of the right of persons present at the court hearing to record the progress of the court session using their own audio recording means (paragraph 3, clause 3 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 2012 No. 61 “On ensuring transparency in the arbitration process”).

Confirmation of your authority to participate in the case

The parties, other persons participating in the case and their representatives are required to confirm their authority to participate in the court hearing. The authority is verified by the arbitration court at the beginning of each court session (Part 1 of Article 63 of the Arbitration Procedure Code of the Russian Federation). At the same time, the arbitration court decides on the issue of admission to participation in the court session of persons participating in the case and their representatives on the basis of an examination of the documents presented to the court ( Part 2 of Article 63 of the Arbitration Procedure Code of the Russian Federation).

In order for the plaintiff (his representative) to take part in the trial, he needs to confirm his authority in the arbitration court (Article 63 of the Arbitration Procedure Code of the Russian Federation). This means that it is necessary to present to the court documents that confirm the procedural status of both the plaintiff himself and his representative.

The arbitration court refuses to recognize the authority of the relevant person to participate in the case (and indicates this in the minutes of the court session) if this person has not presented Required documents in confirmation of authority or submitted documents that do not meet the requirements established by the Arbitration Procedural Code of the Russian Federation and others federal laws(Part 4 of Article 63 of the Arbitration Procedure Code of the Russian Federation). For example, an arbitration court may refuse to recognize the powers of a representative by proxy if:

• the power of attorney has expired;
• the date of issue of the power of attorney is not indicated;
• the power of attorney contains unspecified corrections;
• the power of attorney was issued to another person;
• the power of attorney does not contain the authority to conduct business in an arbitration court (for example, if the power of attorney expressly states that the represented person instructs the representative to represent his interests only in courts of general jurisdiction);
• The arbitration court received information about the revocation (cancellation) of the power of attorney.

The plaintiff's representative is obliged to present a true power of attorney to the arbitration court at the court hearing. It is attached to the case materials or returned to the representative in exchange for the copy presented by him. In this case, the copy must be properly certified. A duly certified copy of the power of attorney is, in particular, a copy of the power of attorney, the accuracy of which is certified by a notary or the arbitration court hearing the case. Such clarifications are contained in paragraph 7 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 22, 2005 No. 99 “On certain issues in the practice of applying the Arbitration Procedural Code of the Russian Federation.”

In practice, the power of attorney is presented to the arbitration court for the first time in the original and in a copy. The original power of attorney is returned to the representative, and its copy is certified by the court and stored in the case file. Subsequently, only the original power of attorney is presented to the court with an explanation that a copy is already available in the case materials. If during the trial the representative was issued a new power of attorney to replace the old one, then a copy of it must also be attached to the case materials.

Applications and petitions

In order for the plaintiff to exercise any of the rights provided for by the Arbitration Procedural Code of the Russian Federation, it is necessary to submit a corresponding petition or make a corresponding statement during the process.

Here you need to keep the following in mind.

1. It is necessary to take into account the time frame when the relevant petition or application can be made.

The fact is that individual motions must be filed before the start of the trial. For example, a request to consider a case with the participation of arbitration assessors must be submitted no later than one month before the start of the trial (paragraph 1, part 2, article 19 of the Arbitration Procedure Code of the Russian Federation).

Other requests must be made at a court hearing. And if the plaintiff makes a premature request or misses the deadline for filing an application, then in this case the arbitration court will not consider it on the merits.

For example, an application to challenge a judge or court panel for general rule must be done before the start of the consideration of the case on the merits, that is, before the arbitration court proceeds to hearing the parties’ explanations and examining other evidence (paragraph 1, part 2, article 24 of the Arbitration Procedure Code of the Russian Federation).

On the other hand, during the court session itself, petitions cannot be submitted before the arbitration court checks the attendance of the participants in the process at the court session and clarifies the question of the possibility of hearing the case.

2. In order for the court to grant such a request, it must be motivated. In other words, you need to make appropriate arguments and, if possible, justify them with relevant evidence.

The Arbitration Procedural Code of the Russian Federation, as a rule, directly states how exactly one or another petition or statement should be motivated. For example, in order for the court to take measures to secure the claim, the plaintiff needs to prove that failure to take such measures may complicate or make impossible the subsequent execution of the judicial act or cause significant damage to the applicant (Part 2 of Article 90 of the Arbitration Procedure Code of the Russian Federation). In order for the court to grant the plaintiff’s request for evidence, it is necessary to indicate exactly what circumstances significant for the case it can confirm, as well as the reasons why the plaintiff cannot obtain such evidence on his own (paragraph 2, part 4, article 66 of the Arbitration Procedure Code of the Russian Federation).

At the same time, since the process takes place in the form of a competition between opposing parties, the judge resolves all received petitions and statements, taking into account the opinions of all interested participants in the process. Therefore, other persons participating in the case have the right to present arguments and evidence against the satisfaction of the stated petition or received application. In this regard, one must be prepared for the fact that even to a reasoned request, the plaintiff may receive a reasoned objection from the defendant, and as a result, the court may not grant this request.

3. If the plaintiff or his representative intends to file a particular petition in advance, then it is advisable to prepare it in writing, setting out, if necessary, the reasons for such a petition.

Proving the circumstances of the case

In the modern arbitration process, the court itself cannot collect evidence in the case. As a general rule, the obligation to prove the circumstances that the plaintiff refers to in support of his position in the case rests entirely with the plaintiff himself (Part 1 of Article 65 of the Arbitration Procedure Code of the Russian Federation). Therefore, the trial takes place in the form of a competition between the parties in proving the circumstances they refer to in support of their claims and objections.

In this case, the plaintiff must actively participate in proving the circumstances of the case. This is due to the fact that it is he who is the initiator of the trial, and therefore it is he who needs to prove all the facts that are included in the subject of proof in the case. Otherwise, the following may occur for him: Negative consequences.

A. If the circumstances referred to by the defendant are not disputed by the plaintiff or the plaintiff does not provide evidence to refute them, then such circumstances will be considered established (Part 3.1 of Article 70 of the Arbitration Procedure Code of the Russian Federation).

There is already an example in the practice of the Presidium of the Supreme Arbitration Court of the Russian Federation, when the court decided that a participant in the process, who did not challenge the arguments of the other party, thereby recognized them. True, in this case we were talking about the plaintiff’s arguments, which the defendant did not challenge. However, exactly the same rules will apply to the plaintiff if he does not respond to the defendant’s statements and arguments in a timely manner.

For this reason, the plaintiff needs to respond to all the arguments that the defendant brings in support of his objections, if he does not agree with them, both through oral objections and by presenting other evidence, including written evidence.

B. If the plaintiff cannot prove the facts to which he refers to in support of his position in the case, then the court may issue a judicial act dismissing the claim.

IN. If the plaintiff does not present evidence to the court of first instance, then during a subsequent appeal of the judicial act it will be very difficult or even impossible to do so. The fact is that the parties are obliged to present all the evidence they have to the court of first instance. After the consideration of the case on the merits in the court of first instance, the opportunity to present evidence in the case is either significantly limited (in the court of appeal) or excluded (in the courts of cassation and supervisory instances).

In the process of proving the circumstances of the cases that support the position in the case, the plaintiff also needs to take into account the following rules.

1. There is no need to read procedural documents.

When the court gives the floor, you need to formulate your thoughts as clearly as possible. After all, if everything can be stated on paper in great detail, then it is better to tell it briefly and clearly. For example, when the court gives the plaintiff the floor to give explanations, the plaintiff’s representative should not read the statement of claim - the judge can read it without outside help. The main thing here is to convey to the court the most important thing that you should pay attention to. To do this, it is useful to write out the abstracts of your speech in advance in order to clearly, clearly and concisely justify your position on the case in court. If the speaker refers to any evidence, then for the convenience of the judge it is better to immediately name the numbers of the sheets of the case where this evidence is located. If the representative of the party begins to read procedural documents, then after some time the judge stops listening and loses concentration. In this case, the main task - to convey to the court your position on the case with the help of explanations - will not be completed.

2. You need to ask provocative questions to the opposite side.

After the opposing side speaks, the judge will certainly provide an opportunity to ask clarifying and specific questions. It is better to prepare them in advance, since not everyone can come up with them promptly. At the same time, some questions may appear during the speech of the procedural opponent if he voices information that is unfavorable for him (for this it is better to immediately make appropriate notes during the speech).

It makes no sense to ask questions just like that, that is, if this cannot in any way confirm the correctness of your position. For example, the question: “Is it true that you entered into a lease agreement for real estate that did not exist at the time the agreement was concluded?” is unlikely to be able to help in any way if the case contains a corresponding lease agreement for a future property, and no one disputes the fact of the conclusion of the agreement. At the same time, if the plaintiff wants to prove that the defendant abused the right to conclude a lease agreement for a future property, since at the time of signing the agreement he knew that the construction of such an object on the disputed plot of land was impossible, then the question is: “What preparations did you make at the time of signing the lease agreement for future real estate to subsequently fulfill the concluded agreement, and how is this confirmed?” may confuse the opponent and provoke him to confirm the fact required by the plaintiff.

Judicial debate

Not everyone understands the purpose and purpose of such a stage of consideration of a case in the court of first instance as judicial debate. At the same time, misunderstandings occur both on the part of the arbitration court and from the position of the participants in the arbitration process. In practice, this is expressed in ignoring this stage in principle (in some cases - on the initiative of the presiding officer himself, who either does not announce the transition to judicial debate, or asks the parties whether they need judicial debate, to which he receives a negative answer) or simply reading by the parties of procedural documents (statement of claim, response to the statement of claim, additional explanations, etc.).

In fact, the importance of judicial debate in the process of considering civil cases can hardly be overestimated. The significance of judicial debates is that they help to better understand the factual circumstances of the case under consideration, to better understand the meaning of such factual circumstances, as well as the evidence that supports them. Moreover, judicial debate is the last opportunity for the parties to eliminate all existing doubts and disagreements in the interpretation and assessment of certain facts, as well as evidence supporting them, that took place at the previous stages of the trial.

Judicial debates consist of oral presentations by persons participating in the case and their representatives (Part 2 of Article 164 of the Arbitration Procedure Code of the Russian Federation).

The plaintiff speaks first.

In his speech, he substantiates his position on the case. In general, the speech of the plaintiff or his representative during the judicial debate should be such that the court, after hearing it, understands for itself:

• why the case should be resolved in favor of the plaintiff;
• how the court needs to justify its decision in favor of the plaintiff (including with references to the existing practice of arbitration courts);
• why there are no grounds to make a decision in favor of the defendant;
• what negative consequences may occur if the court decides in favor of the defendant.

During the judicial debate, there is no need to read out any procedural documents that are already in the case file. When speaking in court debates, you need to concentrate as much as possible on your main arguments, as well as indicate the evidence that supports these arguments, with references to the case materials. In addition, it is necessary to point out the inconsistency of the defendant’s main arguments, show the court why the defendant’s arguments are unfounded, what circumstances of the case and the evidence available in the case they contradict, again with reference to the case materials.

It is very important to keep in mind that during the judicial debate, the speaking party does not have the right to refer to circumstances that the arbitration court did not clarify, as well as to evidence that the arbitration court did not examine at the court hearing or that the arbitration court declared inadmissible. Such rules are established in Part 4 of Article 164 of the Arbitration Procedure Code of the Russian Federation.

After the plaintiff, a third party makes independent claims regarding the subject of the dispute, the defendant and (or) his representative. A third party who does not make independent claims regarding the subject of the dispute acts after the plaintiff or after the defendant, on whose side he is participating in the case. Such rules are established in Part 3 of Article 164 of the Arbitration Procedure Code of the Russian Federation.

After all participants in the judicial debate have spoken, the plaintiff (his representative) has the right to make a statement (Part 5 of Article 164 of the Arbitration Procedure Code of the Russian Federation). A remark is one or two sentences in which the speaking party sums up his speech, makes a final conclusion, etc. As a rule, it makes sense to make a remark if, for some reason, the plaintiff forgot to indicate some important argument, or if one or more of the defendant’s arguments merits a brief objection. But in most cases there is no particular need for replicas.

In this case, the plaintiff must keep in mind that the right of last retort always belongs to the defendant and (or) his representative. This means that you don't have to try to counter every argument the defendant makes. It is more advisable for the plaintiff to focus on his own speech during legal arguments.

Actions after the trial

At the end of the court hearing, you need to act depending on whether the proceedings in the court of first instance are completed or not.

If the proceedings in the court of first instance end, then the arbitration court makes a decision or, in more rare cases, a ruling to terminate the proceedings or to leave the statement of claim without consideration.

In this case, you need to keep in mind that at the stage of announcing the final judicial act, you can also record the progress of the meeting using an audio recording. Therefore, the announcement by the arbitration court of the operative part of the judicial act must be recorded on a sound recording device in order to avoid those rare cases when the announced operative part of the judicial act differs in content from the operative part of the produced judicial act.

In addition, after the announcement of the final judicial act, you must immediately clarify with the judge presiding at the court session or with his assistant (the secretary of the court session):

• when can you get a copy of the protocol and (or) a copy of the audio recording of the court hearing;
• when it is possible to obtain a copy of the final judicial act, and if such a judicial act is subject to immediate execution, then a writ of execution for the forced execution of such a judicial act;
• When can you get acquainted with the materials of the court case?

However, a court hearing does not always end with the issuance of a final judicial act. For various reasons, a break may be declared at the court hearing or the trial may be postponed to another calendar date. As a rule, in these cases, the judge names the date and time of the next hearing and asks the parties whether such a date and time suits them or not. This is done to ensure that representatives of the parties do not have the same dates and times of court hearings in different cases. After all, if several trials with the participation of one party are scheduled for one time on one day, then representatives of the parties will not always be able to participate in them at the same time. Therefore, the plaintiff and (or) his representative need to take into account their interests when postponing the court hearing to another date so that the court hearing is postponed to a date when there are either no trials yet, or there are, but much earlier or later in time. For convenience, it is better to have a diary or register of court cases with you.

In contact with

So, the statement of claim has been prepared, all the necessary documentary evidence has been attached to it and sent to the court, and a court date has been set.

And here, for a person who has not previously encountered trial a completely logical question arises: “How is the trial going? How to behave on the day of the trial in court, what to say in court, and at what point should this be done?” You will find answers to all the above questions by reading this article.

The law does not define the procedure for how to behave in court, so this article is based on my own experience of participating in court hearings.

One of the important questions that everyone asks themselves when going to court for the first time is: “how to look in court? How to dress for court? What to wear to court? The law does not have a clear definition of what a person should look like in a courtroom. However, you should not dress provocatively and frivolously, you need to treat the court with respect and demonstrate it accordingly, so it is best to use neutral, even formal clothes without colorful colors and accessories.

On the day and time appointed by the court, you must appear in court, having with you a court notice of the time and place of consideration of the civil case, a passport of a citizen of the Russian Federation, and all the evidence you need in the civil case, including bringing witnesses, if any. If copies of documentary evidence are attached to the statement of claim, then you must take the originals with you.

Upon entering the courthouse, you will be greeted by bailiffs who will inquire about the purpose of your visit to court. You need to show them the court notice and your passport, they will let you in and show you which room the trial will take place in.

You need to arrive a little early so as not to be late for the consideration of the case. If you are late and the trial began without you, ask the bailiffs to tell the judge that you have arrived, go into the courtroom, apologize, and ask where you can sit.

Arriving on time, go to the courtroom. As a rule, from the central place where the judge will occupy, there are tables with chairs to the right and left, you can sit at one of these tables.

Willy-nilly, when entering a courtroom for the first time, many begin to feel nervous. This is an absolutely normal phenomenon and after a little time everything will pass.

Before the process begins, prepare all the necessary documents, several clean sheets paper (for notes) and a pen.

Let's make a small remark. We recommend that you treat all participants in the process with the utmost respect, especially the judge. Even if you have an adversarial relationship with the defendant, you should not show it in court. A judge considers dozens of cases a day and it is very unlikely that your case will be unique and special for him, no one will pay any attention to your emotions, evidence is needed, since the court follows the letter of the law.

Next, as a rule, the secretary of the court session enters the room with the words: “stand up, the trial is underway,” everyone, including you, must stand up, then the judge enters the room, sits down and invites the rest of the participants to sit down, after which you can sit down.

Any question from the court addressed to you must be answered standing; do not neglect this requirement, as many judges do not like this. When you address the court, this must also be done while standing.

No matter who asks you questions, the judge, the defendant, third parties, they must be answered standing, and questions must also be asked to all participants in the process while standing.

The judge must be addressed with the words: “Dear Court!” or “Your Honor!” (Article 158 of the Code of Civil Procedure of the Russian Federation).

The rights and obligations of persons participating in the case are established by Article 35 of the Code of Civil Procedure of the Russian Federation.

Next, the judge will announce the composition of the court that will hear the civil case. Then he will ask the parties whether they have challenges to the judge, secretary or other persons. If you believe that the composition of the court, for objective reasons, cannot properly consider the case, you can challenge the judge or other persons. After the judge's question, you must stand up and say whether you have challenges or not. If there is a challenge, then it needs to be motivated (Chapter 2 of the Code of Civil Procedure of the Russian Federation).

Next, the judge will announce the statement of claim, which is the subject of consideration. After which he turns to the defendant with the question: “Do you support your statement of claim and claims?”, the defendant must stand up and answer that either he supports his claims in whole or in part (partially support his claims if the defendant has fulfilled part of the requirements or for other reasons), or does not support the claims and refuses them for any reason. If the plaintiff refuses the claims, the consideration of the civil case is terminated.

Next, the judge asks the defendant whether he agrees with the claims. The defendant, standing, must answer that either he agrees with the claims in whole or in part and admits the claim, or does not agree with the claims in full or in part.

Afterwards, the judge asks the plaintiff to explain his position to the court. The plaintiff must stand up and state the essence of the case, clearly, consistently, without any emotion, with the presentation of evidence (if any) and references to the current legislation. After the plaintiff finishes, he may be asked questions by the judge, the defendant and other persons, to which he must provide answers.

Next, the defendant is given the floor. In case of disagreement with the claims, the defendant must rebut the plaintiff’s arguments and state his point of view, providing evidence and references to current legislation. After he finishes, the judge, the plaintiff and other persons can ask him questions.

After the parties have been heard, the judge will ask whether the parties have anything to add and whether they have any statements or motions. If they exist, the parties can declare them. Statements and petitions can be different, for example, about calling witnesses, about the court requesting any documents that the parties cannot obtain on their own, about conducting research and examinations, etc.

If the court and the parties have no more questions, then the court proceeds to examine the written evidence available in the case materials, in other words, the judge reads out those documents and evidence that were attached to the statement of claim.

If the participants in the process have no more questions, statements and motions, the judge proposes to complete the consideration of the case on the merits and proceed to the debate between the parties. The plaintiff and the defendant must express their opinion on this issue, i.e. whether they have any objections to this or not.

It is advisable to prepare for the arguments between the parties, and if you need time for this, then ask the court to take a break.

In the debate, each of the parties makes an analysis of everything said and examined at the court hearing, which confirms the legality or illegality of the stated claims, and in conclusion it is concluded that, based on the evidence examined at the court hearing and the current legislation (which one), the claims are legal and justified , or vice versa. Based on the foregoing, you ask the court to satisfy the claims in whole or in part, or to refuse to satisfy the claims in whole or in part.

After the parties debate, the judge retires to the deliberation room to make a decision. As a rule, the judge informs you when the court decision will be announced and when a copy of the court decision can be picked up.