How to behave in court to the respondent, plaintiff and witness: detailed instructions

Humanity has not yet formed an ideal society, where all people are unreservedly satisfied with each other and no one breaks the law. And since we have not yet grown to this utopia, sometimes it becomes necessary to settle our differences in court. It does not matter, in the role of whom you will speak during the court session - the plaintiff, the defendant or the witness - it is important to properly build your own line of conduct. So, how to behave in court?

District or world court

Not so long ago, citizens in our country had no alternative - there were only district courts that dealt with all matters without exception. Today there are world courts - these are "grassroots" or, as they are called, courts of first instance. They are considering cases where claims amount to 50 thousand rubles. This can be property and labor disputes, cases of compensation for moral and material damage, protection of consumer rights, etc. Restriction on the amount of the claim sometimes creates the impression that such a court is less formal, which means that you can behave more freely there. However, this does not correspond to reality - any court requires respectful attitude to itself, therefore, during the meeting, one should behave carefully.

Dress code

How to dress for the hearing? In fact, there is no official dress code, and everyone can dress according to their own taste. But it is necessary to remember that here it is necessary to apply all unwritten rules, which concern clothes. For example, you do not need to wear too short and tight things, transparent t-shirts, mesh dresses, etc. Once again, it does not affect the court decision in any way (although you can get a fine for contempt of court if your outfit bares those Parts of the body that are usually concealed), but it can create a negative impression.

Preliminary court hearing

How to behave in court at a preliminary meeting? The preliminary session of the world court on civil matters most of all resembles the usual conversation between all participants in the process. The judge finds out all the details of the upcoming process, finds out whether the participants need assistance in the search for evidence, and also proposes to conclude an amicable agreement. At the preliminary meeting, it is necessary to behave the same way as during the process - correctly, do not shout out of the place, you need to address to the judge "Dear court", get up at treatment, etc.

How to behave in court to the defendant

The defendant is initially in a disadvantageous position, as he is forced to defend himself against charges. Although from the point of view of the law, until guilt is proved, he is considered innocent. So, how correctly to behave in court to the respondent? The main point is preliminary work, that is, you have to find out what you are accused of, what the plaintiff wants to get, what laws and legal acts he refers to as proof of his rightness. Without preparation, there may be emergencies, during which the defendant may become nervous, break, 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 pass without him.

Plaintiff's position

Separately it is necessary to tell about how to behave to the plaintiff in court. He goes to court, which means he initially considers himself right, plus he often gets annoyed if not for revenge, then at least the desire to restore justice. Temperamental people often lose their temper during the meeting. They are annoyed by the need to reinstate the entire chain of events, which has pushed the two sides in the face of the law, and again and again to pronounce all the circumstances of the case and prove their case, which seems obvious to them. Therefore, plaintiffs, as, indeed, other participants in the process, you need to bring your 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.

What you need to remember the witness

A witness may represent one of the parties, speak 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 summoned later, as the case progresses. So, if you were summoned as a witness, it is necessary to appear before the beginning of the court session, to report on your arrival, to show your documents (passport) and wait for a 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 leave for his business.

How to behave to the witness in court? First of all, you need to refrain from lying, even if you are very empathizing with one of the parties. Falsehood has a tendency to float to the surface, and after that the witness will lose the confidence of the court, because of which all his testimonies, including credible ones, will be in doubt. In addition, as we have already said, the witness is responsible for his testimony.

Viewers

Court sessions are often an open process, which can be attended by all comers, even those who are not directly involved in a particular case. So, in fact, you can come to the courtroom as some entertaining show. You just need to show documents at the entrance and take a free seat.

However, there are several limitations. Viewers should not make noise, comment on what is happening, take pictures and take pictures.

Very often at meetings there are relatives and friends of one of the parties - it is not forbidden. However, it is necessary to provide the following point - if it is planned to call one of them as a witness, then they should be removed from the courtroom before the speech.

General rules

There are several general rules that explain how to behave properly in court to all participants in the process. Let us dwell on them in more detail.

1. When the judge enters, everyone should stand up.

2. Indications can be given only while standing. In the same situation, you need to make all statements, apply to the court and ask questions. From this rule, there are exceptions - for health reasons, the plaintiff, defendant or witness can be allowed to give testimony while sitting, and sometimes lying down.

3. To supplement their testimony or give explanations is permissible only with the permission of the court.

4. Obey the order of all those present at the meeting of the court.

5. Violation of order during the process leads to the issuance of a warning to the offender. If this happens again, he is threatened with removal from the courtroom - sometimes temporarily, sometimes until the end of the meeting. It must be remembered that any manifestation of contempt of court can lead to a fine.

6. All participants in the process, including the audience, must have an identity card (passport) with them. If you are summoned by a summons, then you must report your arrival to the secretary. After you are registered, it is prohibited to leave the court building.

7. The court of justice adopted the appeal "A respected court", in the district and higher courts it is customary to refer a judge to the words "Your Honor". It is not customary to address a judge by name and patronymic.

8. Mobile phones and other similar devices must be disconnected before the start of the process. Photos and video prohibited.

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

10. It is forbidden to shout out of place, interrupt others, foul language. In general, you need to refrain from expressing emotions. Such conduct may be considered contempt of court, which will lead to verbal warning, removal from the courtroom or a fine.

Summary

We talked about how to behave in court, so as not to get a penalty for contempt of him. However, this does not guarantee you a positive result in the consideration of the case. In fact, there are thousands of little tricks that help to create the right impression and to place a judge to yourself. But they need to be applied to each specific case, which means that a specialist needs help.

Lawyers know better how to deal in court in order to count on a positive result, which means that it is better for any side of the process to enlist the support of a professional in legal matters. Remember that judges and lawyers speak the same language, therefore, the lawyer will be able to correctly formulate exactly the arguments that convince the court of your rightness, if you are a plaintiff, or in your innocence, if you are a defendant. Moreover, in some cases you do not even need to go to court - it is enough to hire a lawyer who will defend your interests in the face of the law.