So, the statement of claim has been prepared, all the necessary documentary evidence has been attached to it and sent to the court, and a court date has been set.
And here, for a person who has not previously encountered a trial, a completely logical question arises: “How is the trial going? How to behave on the day of the trial in court, what to say in court, and at what point should this be done?” You will find answers to all the above questions by reading this article.
The law does not define the procedure for how to behave in court, so this article is based on my own experience of participating in court hearings.
One of the important questions that everyone asks themselves when going to court for the first time is: “how to look in court? How to dress for court? What to wear to court? The legislation does not have a clear definition of what a person should look like in a courtroom. However, you should not dress provocatively and frivolously, you need to treat the court with respect and demonstrate it accordingly, so it is best to use neutral, even formal clothes without colorful colors and accessories.
On the day and time appointed by the court, you must appear in court, having with you a court notice of the time and place of consideration of the civil case, a passport of a citizen of the Russian Federation, and all the evidence you need in the civil case, including bringing witnesses, if any. If copies of documentary evidence are attached to the statement of claim, then you must take the originals with you.
Upon entering the courthouse, you will be greeted by bailiffs who will inquire about the purpose of your visit to court. You need to show them the court notice and your passport, they will let you in and show you which room the trial will take place in.
You need to arrive a little early so as not to be late for the consideration of the case. If you are late and the trial began without you, ask the bailiffs to tell the judge that you have arrived, go into the courtroom, apologize, and ask where you can sit.
Arriving on time, go to the courtroom. As a rule, from the central place where the judge will occupy, there are tables with chairs to the right and left, you can sit at one of these tables.
Willy-nilly, when entering a courtroom for the first time, many begin to feel nervous. This is an absolutely normal phenomenon and after a little time everything will pass.
Before the process begins, prepare all the necessary documents, several blank sheets of paper (for notes) and a pen.
Let's make a small remark. We recommend that you treat all participants in the process with the utmost respect, especially the judge. Even if you have an adversarial relationship with the defendant, you should not show it in court. A judge considers dozens of cases a day and it is very unlikely that your case will be unique and special for him, no one will pay any attention to your emotions, evidence is needed, since the court follows the letter of the law.
Next, as a rule, the secretary of the court session enters the room with the words: “stand up, the trial is underway,” everyone, including you, must stand up, then the judge enters the room, sits down and invites the rest of the participants to sit down, after which you can sit down.
Any question from the court addressed to you must be answered standing; do not neglect this requirement, since many judges do not like this. When you address the court, this must also be done while standing.
No matter who asks you questions, the judge, the defendant, third parties, they must be answered standing, and questions must also be asked to all participants in the process while standing.
The judge must be addressed with the words: “Dear Court!” or “Your Honor!” (Article 158 of the Code of Civil Procedure of the Russian Federation).
The rights and obligations of persons participating in the case are established by Article 35 of the Code of Civil Procedure of the Russian Federation.
Next, the judge will announce the composition of the court that will consider the civil case. Then he will ask the parties whether they have challenges to the judge, secretary or other persons. If you believe that the composition of the court, for objective reasons, cannot properly consider the case, then you can challenge the judge or other persons. After the judge's question, you must stand up and say whether you have challenges or not. If there is a challenge, then it needs to be motivated (Chapter 2 of the Code of Civil Procedure of the Russian Federation).
Next, the judge will announce the statement of claim, which is the subject of consideration. After which he turns to the defendant with the question: “Do you support your statement of claim and claims?”, the defendant must stand up and answer that either he supports his claims in whole or in part (partially support his claims if the defendant has fulfilled part of the requirements or for other reasons), or does not support the claims and refuses them for any reason. If the plaintiff refuses the claims, the consideration of the civil case is terminated.
Next, the judge asks the defendant whether he agrees with the claims. The defendant, standing, must answer that either he agrees with the claims in whole or in part and admits the claim, or does not agree with the claims in full or in part.
Afterwards, the judge asks the plaintiff to explain his position to the court. The plaintiff must stand up and state the essence of the case, clearly, consistently, without any emotion, with the presentation of evidence (if any) and references to the current legislation. After the plaintiff finishes, he may be asked questions by the judge, the defendant and other persons, to which he must provide answers.
Next, the defendant is given the floor. In case of disagreement with the claims, the defendant must rebut the plaintiff’s arguments and state his point of view, providing evidence and references to current legislation. After he finishes, the judge, the plaintiff and other persons can ask him questions.
After the parties have been heard, the judge will ask whether the parties have anything to add and whether they have any statements or motions. If they exist, the parties can declare them. Statements and petitions can be different, for example, about calling witnesses, about the court requesting any documents that the parties cannot obtain on their own, about conducting research and examinations, etc.
If the court and the parties have no more questions, then the court proceeds to examine the written evidence available in the case materials, in other words, the judge reads out those documents and evidence that were attached to the statement of claim.
If the participants in the process have no more questions, statements and motions, the judge proposes to complete the consideration of the case on the merits and proceed to the debate between the parties. The plaintiff and the defendant must express their opinion on this issue, i.e. whether they have any objections to this or not.
It is advisable to prepare for the arguments between the parties, and if you need time for this, then ask the court to take a break.
In the debate, each of the parties makes an analysis of everything said and examined in the court session, which confirms the legality or illegality of the stated claims and in conclusion it is concluded that, based on the evidence examined in the court session and the current legislation (which one), the claims are legal and justified , or vice versa. Based on the foregoing, you ask the court to satisfy the claims in whole or in part, or to refuse to satisfy the claims in whole or in part.
After the parties debate, the judge retires to the deliberation room to make a decision. As a rule, the judge informs you when the court decision will be announced and when a copy of the court decision can be picked up.
WikiHow works like a wiki, which means that many of our articles are written by multiple authors. This article was produced by 11 people, including anonymously, to edit and improve it.
Is there a lawsuit coming up? Not sure how to dress and behave in front of a judge or jury? This article will help you feel prepared and confident.
Steps
Part 1
Preparing for the eventPart 2
Keep calmTreat everyone you meet in/outside the courtroom with dignity and respect. Despite the nervousness, anxiety and anger you may feel in the courtroom, it is important to maintain equanimity throughout the trial. Who knows, maybe the person riding with you in the elevator can influence the decision (he or she may actually be the judge or potential juror).
Keep your gaze and attention focused. From the moment you approach the courthouse, keep your eyes and attention focused on what is happening around you. Potential danger exists near and inside the courtroom; Focusing on what is happening around you can save your own or someone else's life.
Keep your arms and legs still when sitting or standing in front of the judge. Almost everyone gets nervous in the courtroom; by remaining still, you will calm not only yourself, but also those sitting next to you.
Listen carefully and make sure you understand what is being said or asked. Nervousness may cause you to listen to conversations but not be able to understand what is being said. Or you cannot hear or understand what was said, ask the person to repeat it.
Answer questions consciously. There is no need to answer questions quickly. Answer only if you understand everything, otherwise say that you did not understand the question. Feeling trapped during a rapid-fire series of questions and answers in a courtroom can lead to confusion and inaccuracy; Don't give in to pressure, answer only when you feel ready.
If you feel pressure, look at the judge; the judge will tell you how to respond (delay may cause you to lose your train of thought/rhythm in the questioning and give you time to gather your thoughts again).
Breathe regularly and evenly. Don't answer two questions in one go. Breathe calmly and regularly, even if you have to force yourself to do so. This will help you keep a clear head and answer questions clearly.
Let there be silence. If you are asked a question, pause for a moment before answering. Answer only questions addressed to you, then be silent and attentive. The silence makes everyone nervous; Resist the temptation to fill the silence with a more precise answer to the question posed. Enjoy the silence and your mind will clear.
Address the judge only as “your honor,” “sir,” or “ma’am.” Do not act freely or become familiar with the judge. Likewise, formally contact a lawyer. This is a formal and important event, treat it properly.
Speak clearly and loud enough to be heard. Practice before the meeting. Have a friend or family member sit at least three meters away from you and conduct an interview about something that usually upsets or inconveniences you. Answer questions clearly, concisely and calmly. Make sure they are comfortable with the tone of voice, volume and timbre.
Never lie. Lying in a courtroom is illegal and smart lawyers will try to throw you off with cleverly worded questions to expose you. Once the fact of lying is revealed, it will be difficult for the court to take you seriously.
- Order a taxi for the day of the court hearing and arrive half an hour earlier. This will allow you to avoid being late and not think about a parking place at a time when your thoughts will be contradictory and confused.
- Whenever you feel scared, imagine a positive outcome. Firmly reinforce in your mind the idea that you will survive this event and how much good it will bring.
- Pay attention to your attorney's advice and follow it carefully.
- Take time to observe your judge's behavior during someone else's hearing. This will allow you to see how the judge conducts the trial and become familiar with the upcoming trial.
- If possible, get a good night's sleep before the meeting.
- Come and see the courtroom before your required appearance date. This will make you feel more comfortable when you arrive for your business.
- If a conflict arises in the courtroom, sit and remain silent until everything is resolved (assuming there is no violence).
Warnings
- Be yourself at your own risk.
- Never call anyone a liar or tell them they are lying in the courtroom. You can notice that the person is mistaken or wrong, or you can say, “I know that’s not true.” But erase the word “liar” from your vocabulary.
- Don't talk to anyone about your case except a lawyer or unless you are in front of a judge or jury.
- Don't use examples of courtroom behavior from television shows. *Despite appearances, these are mutually agreed arbitration cases, not court cases. Even during an arbitration case, you need a lawyer to improve your chances of success, and your behavior is the same as in the courtroom, regardless of the location of the hearing.
Each official event requires the implementation of certain rules of behavior that are acceptable. A court hearing is no exception. In some places they are strict, in other places they are softer, it all depends on the specific place. No matter how strict these rules are, they should always be followed. First of all, this is required by the rules of decency and etiquette accepted in society. In addition, in some places, severe penalties, including fines, can be applied to a person for unacceptable behavior.
Most often, the intensity of emotions at a court hearing is noticeable during questions, answers or debates between the parties. There are common principles of behavior that apply to everyone. The legislation outlines how plaintiffs, witnesses, defendants, and law enforcement officials should conduct their cases in court. In addition, there are ethical standards that must be observed by all participants in the process.
What clothes should you wear to a meeting?
It is important not only to know how to behave in court, but also to look appropriate. There is no dress code for plaintiffs, defendants and witnesses. The style of the top view may vary. However, you should always remember that sloppy, flashy, overly revealing and provocative clothing is not suitable for a court hearing. Inappropriate appearance can negatively affect the opinion of a person.
As for court employees, there are still certain ethical standards. Appearance must be neat. A strict, business style of clothing that emphasizes restraint and formality is desirable.
What documents do you need to have with you?
At the request of the security or bailiff, any identification document must be presented. If the citizen is a court employee, then an official identification card. When people are called to a meeting based on an agenda, they are required to have it with them so that they can present it upon request. The summons always indicates the number of the office in which you need to register as a participant in the process and notify the court secretary of your appearance. This is done in advance, before the start of the meeting. 
Rules of conduct established in court
A person must know how to behave. Arbitration court, criminal, administrative - it doesn’t matter, the rules are the same for any meeting. Initially, upon entering the building, you must inform the security or bailiff of the purpose of your visit. It is necessary to strictly observe the queue in any office. The only exceptions are citizens who have the right to priority service in government agencies.
Sometimes those summoned for the first time do not know how to behave in court. Silence must be maintained in the building; littering and smoking must not be allowed. After a participant in the trial is registered, he must remain at the place indicated by the secretary or bailiff until called to the hearing room. The citizen is obliged to fulfill all the requirements that the employees of the institution make to him, as well as the orders of the judge. 
Ethics
You should not be indignant and express your dissatisfaction if the court hearing is postponed for some reason. It can indeed sometimes be delayed for several hours. There are a number of rules that everyone must follow:
- Before entering the hall, you need to turn off cell phones so that they do not distract meeting participants from the process and do not interfere with their concentration;
- You cannot talk loudly, read newspapers or whisper in the hall;
- it is forbidden to argue or contradict the judge;
- participants in the process must not be interrupted;
- despite the fact that there is only one judge in the room, when addressing him they say “Dear Court” or “Your Honor”;
- listen and respond, give testimony and explanations only while standing;
- you can speak only after the court has given the floor;
- it is allowed to ask for the floor if there are any additions or clarifications to the matter;
- at the court hearing you cannot ask questions yourself (with the exception of asking for clarification if something is misunderstood);
- Do not be nervous and angry if the participants in the process ask a lot of clarifying questions, thanks to this the truth is established;
- If you are not sure of something, then you should not refer to bad memory unless absolutely necessary.
How to behave in court if the prosecutor asked a question, who should answer? You need to remember that you should always go to court. Even in cases where the question was asked by a prosecutor or lawyer. You need to answer meaningfully, but briefly, dryly outlining the circumstances relevant to the case. Showing emotions is unacceptable. Unrestrained people can be removed from the courtroom and even fined for contempt of court.
How to behave in court at a preliminary hearing
Although this meeting is in the nature of a casual conversation between the participants in the process, it is still necessary to comply with all the rules established by law. Of course, don't forget about ethics. The judge, for example, even in this case must wear a robe. Because, despite the lack of rigor, this is still a judicial process, and it should take place in the same way as a hearing, with the keeping of minutes.
At the preliminary hearing, additional circumstances of the case are discussed, the need for the presence of witnesses is clarified, etc. Despite the fact that the court hearing is more relaxed in nature, you must address the judge only in the above manner, stand up during questions and answers, do not interrupt, do not shout or argue . 
Rules of conduct at court hearings
It is mandatory to get up at the time the judge enters or leaves the courtroom. You must also rise from your seat to answer the questions asked. Such behavior means respect for the law, which in this case is represented by the judge.
How should the defendant, witnesses and plaintiff behave in court? You can sit down only after permission. All mobile devices must be turned off. When the debate between the parties begins, you cannot shout, accuse, interrupt another participant in the trial, or commit other illegal actions. If the rules of conduct are violated, the court makes a reprimand. If a person does not calm down, penalties are applied to him. The offender is then escorted out of the courtroom by security.
Who can attend an open court hearing
Anyone can be there, even if they are not involved in this case in any capacity. The presence at the trial of witnesses who were left to wait in the hall to await the call is strictly prohibited. Law students and interested persons are allowed to be in the hall. 
Is it possible to record a trial?
How to conduct a photo report in court? No, filming in the meeting room is prohibited. However, audio recordings are permitted. Russian legislation only prohibits photography and video shooting. It can be carried out only with the consent of the court or with permission from higher authorities. However, the meeting can be recorded using a voice recorder or other audio devices.
How employees should behave
It’s not very often that people get involved in processes, so it’s better to learn in advance how to behave. There is a special Code of Ethics in effect at court hearings. It regulates the behavior of employees of the judicial department and other participants in the process. Do employees have any benefits? No, because, according to the law, they are obliged to behave calmly, correctly, politely, to show goodwill and tolerance not only towards colleagues, but also towards all citizens who are in the courthouse.
The employee has no right to speak. He is also prohibited from committing actions that discriminate against gender, age, race, nationality, marital and financial status, citizenship, religious and political preferences of any person.
Rudeness, a dismissive or arrogant tone, bias, and arrogance are unacceptable. Employees of the judicial department do not have the right to threaten, insult and humiliate participants in the meeting and their colleagues, much less provoke them to illegal behavior (for example, a fight). 
Consultations in court
How to behave at court hearings if you have questions for the judge? It is impossible to get answers at the meeting. Only the judge can ask questions. He has a schedule of office hours. To communicate with him on any occasion, you must make an appointment in advance. Then, during a personal meeting, you can ask all your questions, write a statement, etc. legally.
But you need to know that the judge or employees do not provide assistance in drawing up documents or consultations. This is what lawyers do. Each courthouse has special stands with information. There are samples of applications and other documents that can be filled out without outside help, details for paying state fees and much more.
To summarize, it should be noted that all rules of conduct in court must be observed. And not only because the violator can be punished with a fine. It is important to understand that the court is an executive branch and acts on behalf of the state. Accordingly, if a person shows his disdain for the court, then this is evidence of his disrespect for the state.
For every person, a summons to court is a rather unpleasant situation and it does not matter at all what exactly the matter for which you received a summons is related to.
Judicial paperwork in a particular city is no different, because the special procedure that provides for the conduct of court cases is enshrined in the legislation of the Russian Federation.
In addition, if you are going to court, you need to know the special rules of court etiquette.
First of all, prepare clean and non-provocative clothes for such a visit. If you wish to ask the judge about a particular issue, find out the judge's office hours when visitors are received. You should be aware that court employees do not have the right to give any legal advice or draw up procedural documents. In this case, you should contact a lawyer who provides such services.
After you come to court, do not forget to inform the court secretary.
You should expect to be called to the courtroom in the corridor. It should be noted that in some cases this wait may last three or four hours.
Before you enter the hall, please turn off your mobile phone.
In addition, you should not read the newspaper or talk during the trial.
When a judge enters the courtroom, you must stand up.
All actions in court, including asking questions or providing answers to questions put to you, should only be done while standing.
Never try to argue with the judge or interrupt other participants in the process, because this will look ugly and impolite. In addition, in such cases you may be given a warning or removed from the courtroom.
The legislation establishes a special appeal to the judge, which is the phrase “ Dear Court" If we consider practice, in most cases you can hear an appeal in the form of “ Your Honor».
Do not express your emotions and answer all questions clearly.
Never ask questions to the court or representatives of the prosecutor's office, because these participants in the trial do not answer questions.
You can express your opinion on a particular issue only when the court has given you the floor.
During the trial, you must carefully comply with all the requirements of the judge, otherwise you may be found liable for contempt of court.
Don't interrupt your opponents. Only after they have expressed their arguments can you ask your questions.
If you have documents that can confirm certain facts that relate to this lawsuit, they should be provided to the court.
Petitions that you may make on a particular issue are submitted before the hearing of the case begins.
If for one reason or another you are unable to appear at the trial, you can send a petition to the court to postpone the consideration of the case, in which you must indicate the reasons and, if any, their evidence.
The court hearing has several parts, including:
The preparatory part is a special part when the court clarifies all the conditions for considering a particular case. It is in this part that the name of the judge and his secretary is announced. In addition, the judge checks the documents of all participants in the process who appeared at the court hearing. If one of the participants is absent, then the issue of considering the case without him is decided.
The preparatory part is characterized by the announcement of the rights of all participants in the court session and the acceptance of a petition, if any.
The central part of the judicial process can be called consideration of the case on its merits. This part examines all the evidence and circumstances that are relevant to the case.
The court listens to the explanations of all participants in the process and asks, if necessary, additional questions. In most cases, the plaintiff's evidence is considered first. In addition, at this stage, witnesses are invited to provide information on the case and their arguments. All witnesses can be questioned only if there is a corresponding request for this in the case.
Are you going to trial? And it doesn’t matter who you will be there as: plaintiff, defendant or witness. There are general principles of behavior in court that are prescribed by law. However, in addition to those prescribed in court, there are also unspoken truths that cannot be found anywhere, but which all lawyers and jurists try to observe.
So, it is worth remembering that civil proceedings are divided into three stages: preparation for the court hearing, the court session (includes: a statement of the circumstances of the case by the plaintiff, questions from the defendant to the plaintiff, testimony from the defendant, questions from the plaintiff to the defendant, court arguments between the parties, remarks, court issues, announcement of all documents of the case), announcement of the court decision.
COURT DRESS CODE: HOW TO DRESS TO COURT?
This question, which is constantly asked from somewhere by our clients or ordinary people who contact us on the site for free legal advice, is actually not relevant. There are no dress codes in court and anyone can wear what they see fit, regardless of whether they are a participant in the case (a party, a third party, a witness) or simply a spectator.
CONDUCT AT THE PRELIMINARY TRIAL SESSION.
A preliminary hearing in a civil trial is an almost casual conversation between the parties and the court in the courtroom. Very often, judges do not wear a robe at a preliminary hearing, although from the point of view of the law this is a violation, because the preliminary court hearing is conducted in the same way as the actual hearing of the case (even a protocol must be kept, but this is even more difficult to achieve, although some judges conscientiously conduct it at this stage of the case).
During the preliminary hearing, the judge finds out from the participants in the process additional circumstances of the case, asks about the need for judicial assistance in obtaining certain evidence, finds out whether third parties are needed in the process, invites the parties to enter into a settlement agreement, and requests from the defendant objections to the claims. Usually, after a preliminary court hearing (in 90% of cases), the case is scheduled for hearing on another day (usually within a month or two). Based on the date of the hearing, the court may inquire from the participants in the case about their ability to come to court on the appointed day and take into account the wishes of the parties, but not always.
At the preliminary court hearing, you must behave in the same way as at the hearing of the case: stand up when the judge addresses you, address the judge “Dear Court” (you can also “Your Honor”, but in civil proceedings this is not entirely correct - see Civil procedural and Criminal Procedure Codes of the Russian Federation) and comply with other requirements of civil procedural legislation.
The preliminary hearing always ends with a court ruling: scheduling the case for hearing, leaving the statement of claim without consideration, sending the case to a judicial body with jurisdiction, etc.
COURT SESSION: HEARING OF THE CASE.
The actual hearing of the case begins with the judge entering the courtroom. When the judge enters, you must stand up. It is also necessary to stand up when: addressing the judge (when addressing a party, as well as when asking questions to it, it is not necessary to stand up), when the judge leaves the room to draw up a judicial act, when answering the judge’s questions.
After the judge says, “Please sit down,” you can sit down. It all starts with the judge announcing what case is being heard at the present court hearing, checking the appearance of the parties and other persons, checking their credentials and identification documents. After the verification procedure, the court asks the participants in the case whether they will have motions preventing the consideration of the case in this court session. Attention! Not all motions interfere with the consideration of the case at the scheduled court hearing, so it is not necessary to announce those motions that are not such before the start of the actual hearing. Petitions that do not interfere with the consideration of the court session, in particular, are: about questioning the summoned and arriving witness, about attaching documents obtained by the party independently to the case materials, an oral petition to appoint another person as your representative, etc. Petitions that prevent the consideration of a court hearing, in particular, are: about postponing the case due to any circumstances, about leaving the statement of claim without consideration, about returning the statement of claim, about abandoning the claims, about the need for time to sign a settlement agreement, about conducting a forensic examination, about changing the basis or subject of the claim, about recognition statement of claim, etc.
Next, the court asks the plaintiff to express his opinion regarding the stated claim. There is no need to repeat what is written in the statement of claim word for word: the court in any case reads the claim in full. You can only briefly highlight the main arguments and at the end just add that you fully support the claim. Next, the court asks the defendant to ask questions to the plaintiff. If you are a defendant in a case, remember: these questions should not be of an informational nature (“Do you know the law?..”, “What is written in the Civil Code of the Russian Federation?...”, etc.), but should be aimed at clarifying the circumstances of the case (“Did you write this receipt?”, “Have you repaid the debt and are you going to repay it?”, “Do you think that my claims are justified in part or in full?”, etc. ). At the stage of questions to the plaintiff, you should not answer counter questions from the plaintiff that may follow, argue with him or take any additional notes (except in cases where you want the court to reflect in the minutes of the court hearing something said by the plaintiff and which can become good evidence in a case, by reference to which the case can be turned in your favor), shout at the plaintiff and express dissatisfaction with his actions. Ask questions regarding the circumstances of the case and nothing more!
After the defendant’s question, the court will ask the defendant to express his opinion regarding the stated claim and submit to the court and the parties an objection to the claim (it is also incorrectly called a response. A response to the claim is the term for the arbitration trial). After the defendant's explanation, the court will give the plaintiff an opportunity to ask questions. Regarding the nature of the questions, see above. The court then moves on to pleadings. What are legal pleadings? Judicial debate is that stage of the judicial process during which the parties take turns (first the plaintiff then the defendant) express their points of view regarding what was said in court, regarding the case materials and evidence examined by the court and presented by the other party or their own evidence, and also helps the court come to the right conclusion and make the right decision. Shouting, interrupting an opponent's speech and other disrespectful behavior can be stopped by the court with a reprimand, a fine, or the violator can be expelled from the court.
After the debate, the court asks whether the parties need any remarks. Reply - the stage of the process in which the parties must speak out only regarding what was heard in the debate! There is no need to supplement your speech made in the debate, as well as in the announcement of circumstances. Repeating what has been said is the same. If there is nothing else to add, it is better not to speak in remarks.
After the debate or remarks comes
