Humanity has not yet formed an ideal society where all people are unconditionally satisfied with each other and no one violates the law. And since we have not yet grown up to this utopia, sometimes it becomes necessary to settle our differences in a judicial proceeding. It doesn’t matter who you play in the course of the trial - the plaintiff, defendant or witness - it’s important to build your own line of behavior. 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 cases without exception. Today there are magistrates' courts - these are “grass-roots” or, as they are also called, courts of first instance. They consider cases where claims up to 50 thousand rubles appear. This may be property and labor disputes, cases of compensation for moral and material damage, protection of consumer rights, etc. The limitation on the amount of the claim sometimes creates the impression that such a court is less formal, which means that you can behave there more freely. However, this is not true - any court requires a respectful attitude, therefore, during the meeting you need to behave carefully.
Dress code
How to dress for a court hearing? In fact, no formal dress code exists, and anyone can dress according to their own taste. But you must remember that it is worthwhile to apply all the unwritten rules that apply to clothing. For example, you don’t need to wear too short and tight-fitting clothes, transparent T-shirts, dress-nets, etc. Once again we repeat that this does not affect the court’s decision (however, you can get a fine for contempt of court if your outfit exposes those parts of the body that it is customary to hide), however, can create a negative impression.
Preliminary court hearing
How to behave in court at the preliminary hearing? The preliminary hearing of the magistrate’s civil court most 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 help in finding evidence, and also suggests concluding an amicable agreement. At the preliminary meeting, it is necessary to behave the same as during the process - correctly, do not shout from the floor, you need to call the judge “Dear court”, get up when applying, 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 the charges. Although from the point of view of the law, until the guilt has been proven, he is presumed innocent. So, how to behave in court to the defendant? The main point is the preliminary work, that is, you must find out what you are accused of, what the plaintiff wants to receive, what laws and legal acts he refers to as evidence of his innocence. Without preparation, acute situations may occur during which the defendant may become nervous, frustrated, 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 take place without him.
Plaintiff's position
Separately, it is worth talking about how to behave the plaintiff in court. He goes to court, which means that he initially considers himself right, plus he is often overwhelmed if not a thirst for revenge, then at least the desire to restore justice. Temperamental people often lose their temper during a meeting. They are annoyed by the need to re-establish the whole chain of events that clashed the two sides in the face of the law, to pronounce again and again all the circumstances of the case and prove their case, which seems obvious to them. Therefore, plaintiffs, as well as other participants in the process, need to put their 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 a witness needs to remember
A witness may represent one of the parties, act independently of them or as an independent expert. Unlike the plaintiff and defendant, the witness is not present immediately from the beginning of the court session. He is called later, in the course of the proceedings. So, if you were summoned as a witness, you must appear before the trial, report your arrival, present documents (passport) and wait for the call to the courtroom. Witnesses must be warned about responsibility for giving false testimonies (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 go about his business.
How to behave a witness in court? First of all, you need to refrain from lying, even if you are very empathetic with one of the parties. It is not true that it is customary to surface, and after that the witness will lose the trust of the court, because of which all his testimonies, including reliable ones, will be in doubt. In addition, as we have said, the witness is responsible for his testimony.
Viewers
Court hearings are most often an open process at which everyone can attend, even those who are not directly related to a particular case. So in fact, you can come to the courtroom as a kind of entertainment show. It is only necessary to show documents at the entrance and take up free space.
However, there are several limitations. Viewers can not make noise, comment on what is happening, take pictures and take pictures.
Very often the meetings are attended by relatives and friends of one of the parties - this is not prohibited. However, it is necessary to foresee the following point - if it is planned to call one of them as a witness, they must be removed from the courtroom before speaking.
General rules
There are several general rules that explain how to properly behave in court to all participants in the process. Let us dwell on them in more detail.
1. When the judge comes in, everyone should stand up.
2. Indications may only be given while standing. In the same situation, you need to make all statements, turn to the court and ask questions. There are exceptions to this rule - for health reasons the plaintiff, defendant or witness may be allowed to testify while sitting, and sometimes lying.
3. Supplementing your testimony or giving explanations is permissible only with the permission of the court.
4. All those present at the court session are required to observe the procedure.
5. Violation of order during the process leads to a warning to the offender. If this happens again, he will face removal from the courtroom - sometimes temporarily, sometimes until the end of the meeting. It must be remembered that any disrespect for the court may result in a fine.
6. All participants in the process, including spectators, must have an identity card (passport). If you have been summoned, you must inform the secretary of your arrival. Once you have been registered, leaving the courthouse is prohibited.
7. In a magistrate’s court the appeal “Dear court” is accepted, in the district and higher courts the judge is usually addressed with the words “Your Honor”. It is not customary to contact a judge by name and patronymic.
8. Mobile phones and other similar devices must be turned off before starting the process. Photos and video prohibited.
9. You should refrain from questions to the judge and the prosecutor.
10. It is forbidden to shout from a place, to interrupt others, to use obscene language. In general, you need to refrain from the violent expression of emotions. Such behavior can be considered disrespectful to the court, which will lead to an oral warning, removal from the hall or a fine.
Summary
We talked about how to behave in court, so as not to receive a penalty for contempt of him. However, this does not guarantee you a positive result when considering a case. In fact, there are thousands of little tricks that help create the right impression and win over the judge. But they need to be applied to each specific case, which means that the help of a specialist is needed.
Lawyers know better how to conduct business in court in order to count on a positive result, which means that it is better for either side of the process to seek the support of a legal professional. Remember that judges and lawyers speak the same language, therefore, a lawyer will be able to correctly formulate precisely those arguments that will convince the court that you are right, if you are a plaintiff, or your innocence, if you are a defendant. Moreover, in some cases, you do not even need to go to court - just hire a lawyer who will defend your interests in the face of the law.