People tend to fear the unknown and with excitement refers to what they have not yet encountered in their lives. But, as you know, who is warned is armed and if you have been summoned to the court and the court is ahead of you, then it's time to find out how to behave in court. The information received will allow you to feel more comfortable in the courtroom and prevent typical mistakes there. The fact is that adhering to certain rules, since you are in such a place, is not just recommended, but required.
Rules of conduct in court: mandatory
The behavior of the participants in the trial is regulated by the 158th article of the Code of Civil Procedure. There are several requirements that are mandatory for each participant in the court session. And you should know about them, regardless of what role you are destined for: the plaintiff, defendant, or witness.
Some of these rules will surely seem familiar to you: we have already seen something similar in films or reports from the courtroom. But one does not need to carefully watch the relevant TV shows on the threshold of the court session: everything will be completely different in life. It’s much better to find out for sure.
- When the judges enter the courtroom, everyone present must stand up.
- Standing, one should give all testimonies, make statements and any oral appeals to the court. However, there may be exceptions to this rule. Sometimes (for example, due to a state of health), participants in the process turn to the court while sitting, and in some cases even lying down. But only the presiding judge can allow such a deviation from the regulation.
- Saying something (supplementing or giving explanations) is possible only with the permission of the court.
- Orders on observance of the order given by the chairman are binding on everyone who is present at the meeting. Moreover, no kind of immunity (deputy or even diplomatic) does not exempt from the obligation to comply with these orders.
- Anyone who still decides to violate the established order may be issued a warning. If the violator continues to behave inappropriately, he is threatened with removal - until the end of the meeting or for some part of it. To make noise and in any other way to demonstrate disrespect for the court is extremely unprofitable: for such actions a fine of up to a thousand rubles may be imposed.
But to answer standing up and only if asked - this is far from the only thing that is required of you. We will figure out how to behave in court, starting from the moment when you crossed the threshold of this institution.
- When you enter the courthouse, you need to present an identity document - to the bailiff, security officer or police officer, depending on who is on duty at the entrance. You should also state the purpose of the visit and show the subpoena (if you were summoned to court in this way).
- If you have been summoned to court, you must, among other things, report that you have appeared at the meeting to the secretary. To do this, you will need to go to the office indicated in this document. After registering with the secretary, it is no longer possible to leave the courtroom before the meeting begins.
What else do you need to know in order to behave correctly in court?
- Cell phones must be turned off before entering the meeting room.
- The presiding judge should be addressed only as “Your Honor,” another admissible option of appeal is “Dear Court”. Calling a judge by first name is not worth it.
- The judge or prosecutor should not ask questions either. This rule is regulated by the relevant section of the law. I immediately recall the catch phrase, which will be more than fair in this case: here they really ask questions.
- You should not interrupt the judge or other participants in the meeting, even if you really want to: as already mentioned, they can be removed from the courtroom or fined.
How to behave in court: professional advice
In addition to the rules of conduct that are mandatory for all in court, there are some tricks and nuances that would be nice to know if you want court cases to be resolved in your favor. We are pleased to share them with you.
Clothing should be neat, strict, discreet. But in no case should you put on family jewelry or somehow emphasize your excellent financial condition. Remember that in modern society, clothes are not only met, but they can also be held.
Better to do without this, too. Of course, difficult. Especially when it comes to issues that touch you personally, but you want to prove the point by all possible and impossible ways. The situation is aggravated if relatives are involved in the process, the wounds that close people can cause each other are too painful. Get ready for the fact that you have to restrain "souls beautiful impulses." In the end, excessive emotionality can harm you.
But the professional who will represent your interests, on the contrary, is very useful. He will be able to bring precisely those arguments that are most likely to convince the judge (the same lawyer): these people speak the same language, so it will be easier for him to achieve what you need. In addition, he will help to cope with excessive emotionality: he will yell when you are ready to say something superfluous in a fit of righteous anger. In many cases, it makes sense not to come to the meeting at all, sending your own lawyer to fight in their place.
All papers that may be required in court must be carried with you. It is advisable to take not only them, but also their copies. Giving someone the hands of the original documents is completely useless. However, this rule has its exceptions: some documents are accepted only in the "original". Just in case, take a pen and a few sheets of blank paper: you may need them. For example, to write a petition.
If the meeting is not closed, you can record audio without warning anyone. So you can safely take the recorder with you.
If you have a lawyer, you can safely skip this item. He is aware of how the process is going and knows what needs to be done. If you decide to rely on yourself in this matter, be vigilant. When you are asked to ask questions to the person who testifies, you should specifically ask questions, if any, and not begin to state your version. The order of the meeting is designed in such a way that everyone can speak. The main thing is not to miss the turn and not try to explain yourself before this opportunity is provided.
Is it worth lying at the hearing?
Sometimes a persistent and unpleasant fact doesn’t want to fit into a well-formed and well-established version of your unconditional correctness. What then to do? Is it worth distorting reality in your speech?
Oddly enough, lawyers do not give a clear answer to this question. To tell the truth or not - this question is usually left to the discretion of the participant in the process. However, there are several cases where lying is strongly discouraged:
- if you act as a witness in court: in this case you may be held accountable for giving false evidence, so it’s better not to risk it, even if you sincerely sympathize with one of the parties,
- if there is a high probability that your lie will be exposed: in this case there will be no trust in everything that you said before,
- if we are talking about trifles that are not able to significantly affect the outcome of the case: in this case, getting confused in the details, you can create problems for yourself from scratch.
So, now you know how to behave in court, and you are ready to defend your innocence in all legal ways. But before you take advantage of all these tips, think again: is it possible to settle the matter in peace, by agreement of the parties.
There is a set of unwritten rules that should be followed in court. Moreover, they are relevant for everyone, regardless of who you are present at the process and what is the subject of the proceedings.
A strict and concise ensemble is the best solution. Preference should be given to neutral colors. Clothing should be clean and ironed, an unkempt look will not play in your favor. It is better to refrain from deep cuts and elaborate costume finishes (for example, frill or an abundance of rhinestones), as well as from bright accessories or emphasized expensive jewelry.
Perhaps a reminder that the meeting needs to be in control and show maximum respect for the court is unnecessary. Nevertheless, in family processes, for example, in the event of deprivation of parental rights or divorce, many forget how to behave in the presence of a judge and give free rein to emotions.
You may be fined for scandalous behavior in the courtroom
No tears, tantrums, and, moreover, mutual insults! The courtroom is not a place for a public showdown. Everything should be as restrained and calm as possible, otherwise the meeting will be disrupted, and the court will fine you.
Interaction with the court
Each of your appeals to the judge should begin with the words “Dear court”, and in general polite communication is expected from you. Be prepared for the fact that the judge can interrupt you, rush and stop your speech, although you have not yet expressed everything that is “boiling”. In no case should one react sharply to this, insult and enter into verbal debate with the court.
Understand that the judge has a very busy schedule, which means that he does not have time to listen to all your complaints and conclusions. Speak briefly, and most importantly - on the case. If the judge asks clarifying questions or asks to return to the essence of the matter, do not get lost, but follow the request.
By the way, it is better to think over your speech in advance in order to avoid long pauses and confusion when you are finally given the floor.
Court and Gadgets
Turn off your mobile phone before entering the courtroom. It is unacceptable that he distract you, and even more than other participants in the process with an unexpected call.
If the lawsuit is open, you can record it on the audio device
A common question - is it possible to record audio or video in court? The answer is yes, if it is an open court hearing. But for shooting video, you must obtain permission from the court in advance. To record the process on audio, it is not necessary to ask the judge for permission.
If you did not know earlier, then you probably already guessed that delays are unacceptable. Traffic jams, busy work, other everyday reasons for your delay - for the court this will not be a valid argument. The meeting will be rescheduled, and not the best conclusions will be made about your punctuality and, accordingly, general decency.
An exception is if the reason was indeed valid (e.g. illness). But in this case, it is better to warn the judge or his assistant so that they can postpone the meeting or reschedule it for another day. In other cases, you should appear in court in advance so as not to risk your reputation in the eyes of the participants in the process.
By the way, the court session itself can start late, sometimes significant. Accept this, these are the realities of the judicial system: there are a lot of cases, and the load on the courts is high. In no case should you express your dissatisfaction with the court due to its lateness.
The judge or his assistant should be warned in advance of being late
In order to avoid conflicts and your own lateness, it is better to free the day for which the next meeting is scheduled from other matters: take time off from work, ask someone to sit with your child and devote the day to court.
How to behave in court to the plaintiff or the victim
In arbitration, world courts and other courts, the plaintiff is the initiator of the judicial proceedings. If you play in that capacity, then you should be prepared for what you have to describe to the judge the essence of the situation that led you to the courtroom.
As we said earlier, the speech should be concise and concise, but at the same time informative. It is better to think over your appeal to the court in advance, rehearse the speech and discuss it with your lawyer: perhaps something should be abandoned, but something is definitely worth mentioning. The main thing is that you should explain the essence of your claims as accurately as possible, show how the actions of the defendant affected your life, and justify your claims for damages.
The plaintiff will be the first to speak in court with the justification of their claims
If the defendant behaves aggressively, allows himself insults to you, do not get involved in a quarrel. Ask the court to calm your opponent. By the way, you also have the right to record all the actions of a judge and file private complaints with higher judicial structures. You should also correctly ask to indicate in the protocol that you do not agree with the behavior or words of your judge.
Stay confident and calm, then everything will go smoothly.
Accused or defendant - how to behave in court
To begin with, this position is more disadvantageous than the position of the plaintiff, since blaming is always easier than defending. And this means that you need to approach your defense as responsibly as possible.
Discuss your strategy in advance with your lawyer. Also, preliminarily study all the materials of the case, you may be able to provide refutations of what you are accused of. An experienced human rights activist is very likely to know what the judge will be interested in, so he can come up with answers to basic questions with you in advance. Otherwise, there is a risk that the defendant will get confused and nervous, and in this state, you can easily make a fatal mistake and derail all protection.
Before speaking in court, the accused must prepare with a lawyer
During your speech, rely on the facts, try to prove your case, justify your disagreement with the charges, but do not go on the offensive. Do not enter into bickering with the plaintiff’s lawyer, the plaintiff himself, and even more so with the judge. Make sure that your presentation does not contradict what you said earlier.
If you have not heard or misunderstood the question asked to you, it is allowed to ask again or ask for clarification. In other cases, the judge or the other party should not ask questions.
Maximum preparedness, handling of facts and appeal to legislative acts are your best helpers in the fight for your own innocence.
How a witness should behave in court
You should start your presentation with information about who you are involved in the process, in what relationships you are (good, bad, normal). Choose delicate expressions: if you are in a hostile relationship from one of the parties to the legal dispute, which you are talking about in colors, trust in your testimony can be considered undermined.
However, do not distort reality in an attempt to generate more trust. Remember that your interaction with the court begins with the signature that you put on the information sheet on liability for fraud. Liability, by the way, can even be criminal.
Answer all questions briefly and frankly, take care of your and judicial time. Do not give in to feelings, this will create the feeling that you are not sure of your own words. The witness himself is not entitled to ask a question to anyone, the exception is if you have not heard or understood the question.
If a witness has a conflict with one of the parties, this casts doubt on the reliability of his words
Try not to abuse the phrases that you forgot something, otherwise this will cause distrust on the part of the parties listening to you.
Otherwise, the advice is the same as for all other participants in the process: stay calm, be as concise and informative as possible.
Remember that the outcome of everything to do may depend on your behavior. Be convincing, honest and calm, and in this case everything will go as it should!
Conversation with the judge
Respectful attitude towards the servants of Themis is prescribed not only by the rules of decency, but also the law. While at the hearing, it is very important to remember several important rules:
- It is unacceptable to interrupt the judge.
- You can’t tell a lie at the hearing.
- In order to simplify the difficult process as much as possible (since the matter has reached the court), it is important to speak loudly, clearly, consistently. All this increases the chances of being heard and correctly understood, so that what is said is correctly interpreted.
- Numerous parasite words, repetitions, and illiterate speech spoil the impression.
- Speaking in court, you should not include in the story that is not relevant to the case, and burden the monologue with unnecessary details.
- It is customary to turn to the judge and answer his questions standing. It is also customary to get up when the judge enters the room.
- Inappropriate jargon and profanity. Excessive emotionality is undesirable, although complete indifference to what is happening is also not an option.
- Оскорбления и откровенная грубость по отношению к сотрудникам суда почти наверняка осложнят дело. Однако и о своих правах тоже важно помнить. Если поведение судьи некорректно по отношению к какой-либо из сторон, можно подать жалобу в соответствующую инстанцию. Обжаловать решение суда можно в высшей инстанции.
- Оптимальный тон – без заискиваний, но и без дерзости, спокойный, уверенный, приветливый.
- If you need to pass something to the judge, for example, a document, you do not need to break away and carry it. Transfer is the responsibility of the secretary or manager.
When can I talk
Regarding how to behave in court to the plaintiff and other parties to the process, it is important to mention that you can answer questions and ask them not in random order, but when the judge suggests it. Otherwise, the meeting will turn into a booth, and the judge will have to call everyone to order.
Shouting and emotional comments are not allowed - even when one of the parties hears something that she strongly disagrees with, and there are many such nuances. Each side will be given a chance to express their point of view and evaluate everything said by other participants in the process.