In the court session the main person is the presiding judge, and all those present in the courtroom are obliged to follow his instructions.
And that judicial rules do not become a surprise, it is necessary to know the general order of the process.
The procedure for conducting court hearings onCivil cases are described in the Civil Procedure Code of Russia. The main person in the course of the meeting is the judge. All participants in the process and ordinary listeners are required to follow his instructions and obey orders.
Preparatory part of the court session
The process begins with the fact that the secretary reports on the turnout and informs who appeared, who is absent and whether there are notifications of the proper notification of the persons participating in the case.
In the absence of any of them, the court putsTo discuss the issue of the possibility of starting a court session. When a non-appearance is associated with an improper notice or other valid reason, the court postpones the case for another day.
If there is no objection, and not the person who appearedNotified, the judge continues to hear the case and establishes the identity of those who appeared. Each participant in the process presents a passport and informs the court his personal data, including the place of residence and work.
The judge explains who is part of the court, andFinds out the presence of taps. If the court does not declare bends, procedural rights are clarified to process participants and the existence of motions is established. Their consideration and discussion ends with the preparatory part of the court session.
The next stage is a direct examinationCase and study of all circumstances. The judge reads the statement of claim and clarifies the attitude of the plaintiff and the defendant to him. As a rule, the plaintiff insists on the claim, and the defendant does not agree with him.
Then the court issues a question on the order ofConsideration of the claim. After hearing the opinions of the parties, the judge makes a corresponding oral definition, in which he determines in what order all the case materials will be examined. As a rule, the parties take turns to give explanations and answer the questions of the presiding officer. By common rules, first the testimony is given by the plaintiff, then - the defendant and third parties.
After the interrogation of the parties, the court proceeds to examine the evidence. As the law says, they can be: documents, physical evidence, expert and expert opinions and testimonies from witnesses.
In the first place, witnesses are heardEvidence, in the second - documents and material evidence are examined. At the end of the above procedural actions, the court asks the parties if there is any additional evidence and whether it is possible to complete the consideration of the claim.
If the plaintiff, the defendant and the third party agree, and other means of proof are exhausted, the judicial investigation ends and judicial debate begins.
The first in the debate is the party of the plaintiff. Then the right of speech is given to the respondent and his representative. Third parties speak after the speech of all parties. If a representative of the prosecutor's office takes part in the case, he gives an opinion at the very end of the debate.
Speaking in the court debate, the party mayTo report on certain circumstances that are important to the case, but have not been investigated during the hearing. In such cases, the court is obliged to make a determination on the resumption of the trial on the merits and again to proceed to the judicial investigation.
After the end of this procedure, the judicial debate is repeated.
The meeting ends with the removal of the judge inThe advisory room, on the exit from which the operative part of the verdict is announced. The parties explain how and when it is possible to obtain the full text of the resolution and the procedure for its appeal.
It is in this order that meetings are held on civil cases.