People tend to fear the unknown and excitement refers to what they have not encountered in my life . But as you know , forewarned - is forearmed , and if you are summoned to court and in front of your hearing , it is time to figure out how to behave in court. The information obtained will allow you to feel more comfortable in the courtroom and avoid common mistakes there . The fact that adhere to certain rules , once you are in a place not only recommended , but necessary.
Rules of conduct in court: a mandatory part
The behavior of trial participants is regulated by the Article 158 of the Civil Procedure Code. There are several requirements that must be followed by each participant of the trial. And be aware of them , regardless of what role awaits you : the plaintiff , defendant or witness.
Some of these rules are sure to seem familiar to you : something like we've seen in the movies or reports from the courtroom. But we should not on the eve of the court session carefully review the relevant TV: everything
- When the judges enter the courtroom, all present should stand up.
- Standing also be given all the testimony , statements or any oral appeal to the court . However, this rule may be exceptions . Sometimes ( for example, due to the health condition ) actors are turning to the court sitting , and in some cases , and lying . But to allow such derogation from the rules can only be presiding .
- Something to say (to supplement or give explanations) is possible only with the permission of the court.
- Orders on compliance with the order , which gives the presiding obligatory for everyone who is present at the meeting. Thus any kind of immunity ( parliamentary or diplomatic ) are not exempt from the obligation to carry out these orders .
- Anyone who still dare to violate the established order may be issued a warning. If the offender continues to behave inappropriately , he faces removal - until the end of the meeting or any part of it . Noise and any other way to show disrespect to the court is extremely disadvantageous : for such actions may be fined up to one thousand rubles.
But standing and answer only if asked - this is not the only thing that is required of you.
- When you walk into a courthouse , it is necessary to present an identity document , - the bailiff , security guard or police , depending on who is on duty at the entrance . It should also be sound and show the purpose of the visit agenda ( if you are summoned in this way) .
- If you are summoned to the court summons , you need above all to tell that you were in the meeting , Secretary . To do this will need to go to the office specified in this document. After the registration the secretary to leave the courtroom before the start meeting anymore.
What else you need to know to behave in court right?
- Mobile phones must be disabled before entering the courtroom.
- It should be addressed to the presiding it as "Your Honor", another valid treatment option - "Dear Court."
- Ask questions to a judge or prosecutor should also not be . This rule is governed by the relevant article of the law . Just remember the catch phrase , which is more than just in this case : here the question is really asking them .
- To interrupt the judge or other participants in the meeting should not, even if you really want: as already mentioned, for it can be removed from the courtroom and fined.
How to behave in court: professional advice
Besides obligatory for all rules of conduct in the court, there are some tricks and nuances that would be nice to know if you want to lawsuits resolved in your favor.
Clothing should be neat , strong , low-key . But in any case it is not necessary to wear the family jewels , or even somehow to emphasize its excellent financial condition. Remember that in a modern society on clothes not only meet , but can also carry out .
Without it , too, is better to do . Of course , it is difficult . Especially when it comes to issues that hurt you personally and want to prove the truth of all possible and impossible ways. The situation is exacerbated if the process involves relatives , too painful wounds that can cause each other close people . Prepare to be that it is necessary to restrain " Soul great gusts ." In the end, excessive emotionality you can go in harm.
But a professional who will represent your interests, just the opposite - very handy. He will be able to bring it to those arguments , which are most likely to convince a judge ( such as a lawyer ) : these people speak the same language , so it will be easier to achieve what you want . In addition, it will help to cope with excessive emotionality : will dare impede , when you in a fit of righteous anger will be ready to say something extra . In many cases, it makes sense does not come to a meeting by sending his stead to fight his lawyer.
All papers that may be required in court, you need to have with you. It is desirable to take not only blocked , but also copies . Give someone on hand the original documents at all to anything. However , this rule has exceptions : some documents are accepted only in the " original ." In any case, take a pen and a few sheets of blank paper : they may need. For example, to write the petition.
If the session is not closed, you can conduct an audio recording of this one without warning.
If you have a lawyer, the item can be safely skipped. He is aware of how the process and knows what to do. If you decide on this issue rely on yourself , be vigilant . When you offer to ask questions to the person who gives testimony , it should ask questions if they are there, rather than starting to present their version . The order of the meeting is arranged in such a way that all can speak . The main thing - do not miss the turn and tried to explain before will be given the opportunity.
Should I lie at the hearing?
Sometimes, some annoying and unpleasant facts does not want to fit into a coherent and current version of your absolute right.
Oddly enough , the lawyers do not give a clear answer to this question. To tell the truth or not - the question usually left to the discretion of the participants. However, there are several cases where lying is not recommended :
- if you appear in court as a witness, in which case you may be prosecuted for perjury, so it is better not to risk it, even if you sincerely sympathize with one of the parties;
- if there is a high probability that your expose lies: in this case, the confidence in everything that you said before, do not be;
- when it comes to the little things, do not could significantly affect the outcome of the case: in this case, entangled in the details, you can scratch to create problems for yourself.
So now you know how to behave in court and ready to defend his innocence by all legal means . But before you take advantage of all the advice given , think again : is it possible to resolve the matter peacefully , by agreement of the parties.