Advice 1: As the trial

The hearing is one stage of the trial. The meeting occurs according to a specific algorithm, to know which should anyone who is preparing to defend their rights in court.
Read the court's decision
There are civil, administrative and criminal law within which the investigation of the case. One of the stages of the judicial process is the trial. Meetings are held in accordance with the procedural code of a particular jurisdiction.

Hearing civil and administrative cases takes place with the obligatory notification of the parties. The parties are called by the summons, the failure of one of the parties may cause a postponement of the hearing. On the primary meeting, the case is considered by the judge unilaterally.

The primary meeting is preceded by a preliminary hearing at which the parties state their positions. From the court's attempt to resolve the conflict in the pretrial order. If the parties do not come to a compromise, appointed by the hearing.

The algorithm of the hearing



On the appointed day the judge opens the session and announces the case that is subject to review. The court clerk shall report on the attendance of the plaintiffs, defendants and witnesses invited. The court is considering holding the meeting in the field, and, if in the opinion of the court lack some of the participants will not affect the course of the process, the session continues. All meeting shall be kept by the Secretary. The meeting also allowed to take notes. Witnesses should not be present in the courtroom until the moment will be called to testify.

Present at the meeting read out their rights and obligations. Before the proceedings, both parties can submit petitions on issues pertaining to litigation, and then actually starts the proceedings. The views of the parties may be attorneys or representatives of plaintiffs and defendants.

During the meeting in the hall to call witnesses, giving explanations on the facts of the case. After hearing the witnesses may remain in the courtroom.

After hearing the statement of parties ' positions, the judge offers to move on to the debate. During the debate, the plaintiff konkretisiert their claims, while the Respondent cites reasoned objections.

The judge fixes the views of the parties and is sent for decision. At the time of the decision is in recess. After the break, the judge read out the decision on the basis of the articles of the code.

The etiquette of the court session



The judge should apply "Your honor" or "Dear court." In the beginning of the meeting, at the entrance of the judge into the hall, and at the end, at the exit to the judges, all participants, including the Secretary, should stand. Standing speakers and all participants. Stand is necessary in any case, if you want to give a remark or reply to a court question. The court's decision, all participants listen to standing up.

In case of physical discomfort participant of the proceedings, the court may allow him to stay.

The decision of the court of first instance may be appealed to the cassation or appellate court and informs the judge after reading the decision.

Advice 2 : How is the hearing

The hearing is set to relevant code (civil procedure, criminal procedure or an arbitration procedure), the procedure of case consideration in court. It takes place in a certain order, which is to have an idea, if you have to be there.
How is the hearing
Instruction
1
In accordance with the civil procedural, criminal-procedural and arbitration procedural codes of the Russian Federation, in the courtroom, the following occurs: a judge or panel of judges (depending on business) announce the case subject to, and check the appearance of the parties. You must have a document proving the identity. At the hearing in a civil case it is sufficient the presence of the plaintiff and defendant, in the criminal - requires the presence of the Prosecutor (the public Prosecutor) and advocate (lawyer). Depending on the nuances of the case, the individuals whose presence is required changes.
2
Further, at the meeting announced the composition of the court and explained the right of withdrawal and rejection (the person involved in the case, may require replacement of judge, Secretary, etc., if you provide a good reason). The next stage is the clarification of the rights of the participants in the process, that is, the judge explains who and what you are entitled to do.
3
Further, claimed the petition (appeal of one of the parties or both parties with any Supplement, specification, request to the court). Motions can be made throughout the trial. After that, we consider the possibility of the case. If the court came to the conclusion that the hearing can be held, starts the proceedings.
4
At this stage, the reported claims of the parties, it appears, does it support claims by the plaintiff, whether to support their explanations by other participants in the process. Further study the case materials (i.e. all the documents submitted by the parties the court). If the case is serious enough and except the plaintiff and defendant, to participate in the case brought by other persons, such as experts or witnesses, at the stage of the proceedings they in turn are invited into the courtroom. The same applies to criminal proceedings.
5
That is followed by additions and replicas, by means of which the parties may Supplement the previously mentioned and also debate of the parties. In the criminal process at the stage of pleadings the floor to the public Prosecutor and the defender and to the defendant (the defendant).
6
After debate of the parties the court retires to the deliberation room, shall issue the operative part of the decision, which it announces in the presence of all participants. If a criminal case, shall issue a decision and the sentence. Then explain the timing and order of appeals and other established by the procedural codes, law. The hearing is adjourned.
7
It should be noted that this is only the basic "skeleton" of the hearing. Usually, even in simple civil cases, there is a preliminary hearing (identical procedure, which includes at the hearing). In some cases, a continuance, postponement of the trial, and many other nuances depending on the business category. All these points you can check with the court clerks or to see yourself in the appropriate code.
Useful advice
When dealing with secretaries and judges try not to forget that you are people just like you. But remember that they are acting in the interests of the law.
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