The record of the civil session: an example

In each judicial organ of the first instance, protocols are being kept on the cases under consideration. This document is also used to record the proceedings before the direct trial. This procedure is defined in art. 226 CC. Next, let us examine in more detail what the protocol of the civil court session is. A sample document will also be described in the article.

General information

As the CCP reads, the record of the court session acts as one of the main procedural documents. It reflects all the actions that were taken in the course of production. The record of the court session in the civil case is endowed with an important evidentiary value. In this regard, the procedure for its preparation, content and form must comply with regulatory requirements. The information that is present in the document is applied during the examination by the authorized person to justify the decisions made. The parties to the proceedings also have the opportunity to use the data that contains the record of the court session in the civil case. Based on the information reflected in the document, they can confirm their arguments, which form the basis of claims / objections to the claim. In case of inconsistency with the adopted norms, the dissenting party may write an application for a record of the court session. The document allows to confirm also the legality of actions, the validity and legitimacy of which is disputed. The protocol reflects the results of checking the decisions of the authorized bodies of the first instance for compliance with the standards. Records in the document may also apply to those persons who do not act as participants in the proceedings. Example: the record of the court session fixes the appointment of a fine for violation of order in the hall, passing a private definition and so on. In the absence of a document, the decision taken on the proceedings is undoubtedly subject to cancellation.

Scope of application

The protocol is not only for the consideration of disputes. This document is also used when performing actions that facilitate the collection of evidence, the execution of an instruction given by the authorized body. The minutes of the arbitration session may contain information on the restoration of the procedural period, consideration of the issue of reducing or adding penalties. The document also fixes the activities that take place before the materials are transferred to the authorized body for consideration. So, it is made by examining a written or material evidence. The record of the court session is kept when corrections are made to the decision, consideration of petitions for postponement or changes in the procedure and manner of execution of the resolution.

Content

There is a sample for the correct compilation of the document. The record of the court session must reflect all information about what happened during the proceedings. It also contains all the necessary data on the evidence that formed the basis for the final decision. The law establishes a certain procedure for drawing up a document. Consider the sample. The record of the court session must include:

• Place, date, year and month of the proceedings.
• The beginning and the end of consideration.
• The name of the body that deals with the case, information about the secretary and the composition of the court.
• Name of production.
• Data on the attendance of parties involved in the examination, witnesses, translators, experts, representatives.
• Information about the explanation to the persons of their procedural duties and rights.
• The rulings of the court and the instructions of the presiding judge, passed without removal to the room of meetings.
• Explanations of the participants in the dispute and representatives, as well as testimonies, data of examination of written or material evidence, verbal explanations on expert opinions.
• Conclusions of state administration bodies and opinions of labor collectives and public organizations.
• Contents of the debate of the parties and the conclusion of the prosecutor.
• Data on the announcement of decisions and definitions.
• Information on the clarification of the essence of the decision, the time and order of its appeal.

Features of compilation

Regardless of the nature of the proceedings, in which data are entered in the record of the court session (civil, criminal, administrative), the information is recorded on paper. Recording to magnetic and other media in the existing legislation is not provided. Do not reduce the number of turns, sentences or words. All explanations of witnesses, directly participants in the process, third parties, experts are made by the first person. In the minutes of the hearing on the civil case, all objections of the parties regarding the actions of the presiding officer are also recorded. In addition, the document should record all the appeals of participants, as well as all the information they ask to reflect on paper. Responsibility for the timeliness, completeness and correctness of the preparation of the protocol is borne by the secretary and the presiding judge of the court session. The preparation and signing of the document must be carried out not later than the next day after the completion of the proceedings.

Important points

The Plenum of the RF Armed Forces repeatedly pointed out that the presiding judge of the court bears individual responsibility for the technical good quality, accuracy and completeness of the content of the protocol. He is obliged in each case to entrust the preparation of a document to a person prepared for this work. In addition, the presiding officer should monitor the accuracy and completeness of the information reflected, the presence of all testimonies and explanations of the persons interviewed during the process itself. He is obliged not to admit such technical execution and maintenance of the protocol, in which further reading and use is not possible or becomes difficult. After checking the document, the chairperson certifies it with his signature. The establishment of a period during which the record of the civil proceedings must be made and signed is of particular importance for the timely submission of disagreements and the appeal of the decision by the participants in the proceedings.

Features of compilation

The record of the judicial session of all authorized bodies is filled directly during the process. The participants in the proceedings have the right to apply for inclusion in the document of circumstances which, in their opinion, are important. The protocol is maintained in the language of the proceedings. All supposed changes, additions and amendments should be stipulated in accordance with Art. 228 CC. The document can be drafted by hand or printed. In the court practice, the use of video and sound recording is allowed to obtain complete information about the process. The compiler of the document is subject to certain requirements. In particular, the minutes of any meeting should not contain grammatical errors. At the same time, style and legal terminology must be maintained. When entering the record of the court session on the civil case, the person who asked it, then its content and response is indicated. Orders given by the presiding officer are recorded in the document on his behalf in the third person. The definitions are written on behalf of the court. The content of those that were passed without removing the meetings into the room is formulated and dictated by the presiding officer.

Corrections

When drafting a document, they should be avoided, as well as additions, abbreviations, erasures, insertions, strikethroughs and others. If there is still a need for corrections, each of them must be stipulated in the document. Example: the record of the court session may contain strikethrough words. Then the reservation is made "crossed out ... not read". Also there is a necessity to correct incorrectly put figure, letter, word and so on. In this case they write: "believe (word, figure, etc.) to believe." There are cases of missing elements of the text. In this case, the reservation will be: "inscribed or written ... believe."

Establishment of terms

As was said above, the law defines a sufficiently short period for the preparation and signing of the protocol. This requirement also extends to cases of adjournment of the drafting of a motivational fragment of the decision. However, especially complicated cases can be considered in practice. In particular, it is possible to include trials with several plaintiffs or defendants, or with a large volume of investigated evidence. In such cases, the law authorizes the court to postpone the production of the protocol for three days (calendar). The time period starts from the next day after the announcement of the ordinance. Nevertheless, in such situations, mandatory (mandatory) enforcement takes place. In particular, the court must:

• Outline the operative part of the resolution in writing and sign it by the whole staff.
• Announce when the participants in the proceedings can become acquainted with the content of the motivated part. Information about this is recorded in the protocol.
• Declare a resolution fragment in the same room where the examination was completed, and attach it to the materials.

Final stages of preparation

The minutes of the meeting are considered to be made after it has been signed by the presiding judge and also by the secretary. If there is no signature, the document will lose its significance and strength - it becomes invalid. This entails the same consequences as in the absence of paper: the cancellation of the decision. Often the untimely production is due to the length and thoroughness of the preparation of the document. This is especially true for disputes, which represent a certain complexity when considering.

Comments on the record of the court session

The participants in the proceedings, as well as representatives, can familiarize themselves with the document and submit their written objections within three days if there are inaccuracies or incompleteness of the information stated. As a rule, remarks on the record of the court session refer to the explanations of the parties and third parties, the records of the testimony, the content of the questions and the answers to them. Applications of individuals for making any additions or corrections to the document should reproduce the record, which, in their opinion, does not fully or incorrectly reflect the action that took place during the examination. Together with this, a correct, relevant phrase is indicated. The application also requests the court to make the necessary adjustments. Objections can be filed for the entire document, as well as for individual fragments thereof. The presiding officer is obliged to explain to the parties the order in accordance with which such appeals are accepted. This will ensure the timely submission of the application and its subsequent consideration. This order is regulated by the requirements of art. 155 GK. Clarification is given after the announcement of the decision, an explanation of its contents, terms and rules of appeal. If there are valid reasons, the period for making comments can be restored in accordance with the procedure established by law. As valid reasons, various life circumstances may arise that created an obstacle to the realization of the right in the period established by law. At the same time, one should start from a certain situation (the applicant's illness, the need to provide care for a disabled relative, a lengthy business trip, and so on).

additional information

The protocol of the arbitration court session is of no small importance in the procedural system. Like the one described above, this document has an important evidentiary value. The protocol of the arbitration court session facilitates the issuance of a justified and fair decision, guides the participants in the proceedings. The latter is especially important in case of consideration of the appeal of the decision. The record of the court session of the arbitration court is drawn up in accordance with the requirements set forth in Art. 123 AK. The content of the document is similar to the above. The protocol is also drawn up during certain procedural measures. Thus, when examining and examining evidence, the data about the place of their location (construction, building, premises, etc.) are indicated, the name and description of the materials, the explanations of the participants, etc., specified in Art. 123 AK. This list is not considered exhaustive. The protocol also contains information on the actions of persons brought to trial. In particular, it can be data about the evasion of any party from giving evidence, inaccurate translation, the provision of knowingly false information. Also, the document may contain receipts for acquaintance with the date of the hearing. In general, the protocol should contain everything that, in the opinion of the person leading it, is considered important for the proceedings. It should be noted that the more information there is in the document, the easier it is for the presiding and the other parties of the process to be guided. The sequence of entering information is also defined in Art. 123 AK.