According to Art. 38 Code of Civil Procedure of the Russian Federation, in civil proceedings the parties are the defendant and the plaintiff. These entities are vested with equal responsibilities and rights in the process. Further in the article, we consider the procedural position of the defendants in the case.
General information
The defendant is the subject in respect of which the plaintiff claims the court. Briefly, the legal status of this person is disclosed in Article 35 of the Code of Civil Procedure. However, there are other legal norms that enshrine its procedural status.
Simply put , the defendant is an entity that, according to the plaintiff, must fulfill a certain obligation.
In practice, persons whose rights are infringed file lawsuits for a variety of reasons. The subject of the dispute may be property law, monetary or non-monetary liability.
The CPC uses such a concept as “ civil defendant ”. As a rule, they are the subject guilty of the crime. Accordingly, the plaintiff in such cases is the victim. A civil defendant may also be an entity liable for the criminal actions of the accused.
For the court, the defendant is not always a person knowingly breaking the law. According to the presumption of innocence, it is the plaintiff who must prove the validity of the claims.
In civil proceedings, defendants are usually individuals. However, municipal / state bodies represented by their representatives may also participate in the dispute.
Defendant Rights
The legislation gives the parties quite extensive legal opportunities.
The defendant, in particular, has the right:
- To object to the claim in writing.
- Accept the requirements or part thereof.
- Participate in the case through a representative.
- Declare reasonable challenges to translators, judges, experts.
- Provide oral explanations on the circumstances of the case.
- Ask questions to the other side and other participants in the production.
Important point
The person to whom the claims are made is not obligated to refute them. However, this is extremely important for resolving the case in his favor.
Legislation provides for the right of a defendant to file an objection to a claim. Lawyers do not recommend neglecting it. The fact is that if no objection is raised, the court will have more reasons to consider the plaintiff's arguments justified.
Petitions of the defendant
Refutation of the plaintiff's arguments can be carried out in various ways. One of the means of proof is a petition. It expresses the request of the parties to the dispute to commit any action.
So, the defendant can, for example, file a motion about:
- appointment of expertise;
- calling witnesses;
- adjournment of hearing;
- granting a delay / installment plan for the execution of the decision;
- attracting co-defendants;
- recognition of the evidence presented by the plaintiff as inadmissible, etc.
Applications may be made both in writing and orally. In the latter case, the defendant’s request is recorded in the minutes of the meeting. Lawyers, however, recommend writing applications in advance if possible.
Counterclaim
One of the most important defendant defense tools is the ability to file counterclaims to the plaintiff.
The filing of such a claim is advisable if:
- The counterclaim is aimed at offsetting the original claim.
- There is a mutual relationship between the claims filed, and their simultaneous consideration will reduce the time of the proceedings.
- Satisfaction of counterclaims excludes the satisfaction of the original requirements in whole or in part.
A defendant’s counterclaim may be filed before the court is removed to make a decision on the merits.
Additionally
The defendant, according to the law, has the right to get acquainted with the materials of production, to make extracts and copies. At the same time, he is allowed to use video, photo equipment.
In case of disagreement with the court ruling, he has the right to appeal it on appeal, cassation or in private.
If a settlement has been concluded between the parties, which is more in the interests of the defendant, he may demand reimbursement of legal costs incurred by him. A similar opportunity is provided for in the case of partial / complete failure to satisfy the requirements of the plaintiff.
Responsibilities
The civil defendant must:
- Maintain discipline during the meeting.
- Comply with court orders.
- Do not abuse your rights.
- Promote a fair and comprehensive settlement of the dispute.
- Perform other duties prescribed by law.
Co-defendants
One of the tasks in preparation for the trial is to determine the specific person (individual or legal) to whom the plaintiff makes his claims. Moreover, there may be several defendants in the case.
The number of co-defendants depends on various circumstances: which right is infringed upon, how the plaintiff intends to restore it, whether a claim has been submitted for compensation for losses, etc.
A trial involving all persons who, according to the applicant, violated his rights, can significantly reduce the time for consideration of the case, as well as save money. If the requirements for different persons arise from the same legal relationship, it is advisable to combine them in one application.
As for the defendant, attracting other persons to one’s side will reduce legal costs, distribute procedural obligations, and increase the evidence base.
The terms of participation
Attraction of several respondents to one process is possible if they have common rights. For example, claims may be brought against the parents of one child.
The participation of the co-defendants may be determined by one cause of action or uniform requirements. In the first case, we are talking about the statement of requirements for eviction under social security, in the second - the release of several workers due to staff reductions.
Mandatory participation of co-defendants
The legislation makes it possible for a court to bring other persons to trial if it is difficult to make an objective decision without them or it provides for obligations for entities not involved in the case.
If relevant circumstances are identified during the course of the dispute, after the involvement of the defendants, it will begin again.
Nuance
The right to attract co-defendants is also granted to the plaintiff. Moreover, the law does not limit the number of such persons.
If necessary, the plaintiff may file a motion in the course of the consideration of the dispute. In this case, also the trial will be started again.
In addition, the plaintiff may apply for the replacement of the defendant.
Claim protection
As mentioned above, the burden of proving the validity of the claims rests with the plaintiff. Accordingly, often the defendant's defense against claims amounts to denying them.
A more effective way is to file an objection / response to the claim. In it, the defendant sets out his vision of the situation and reinforces the arguments with evidence.
If there are grounds, a counterclaim may be brought. Its compilation is no different from the compilation of the initial requirements. In this case, the defendant acquires all procedural duties and rights of the plaintiff.
Often during the trial, defendants resort to so-called tricks. For example, an entity may challenge a judge, ask for a postponement of a meeting or an examination, demand that this or that evidence be recognized as irrelevant. It must be said that all these requests and requirements must be justified. Otherwise, the court may regard them as an abuse of the right, aimed at prolonging the proceedings.
If the plaintiff's claims are justified, it is advisable to agree with them. This will not only speed up the process of considering the case and making decisions on it, but also significantly reduce legal costs. If, however, the defendant deliberately delays the proceedings, liability measures may be applied to it.