Litigation requires a thorough approach and certain preparation from the actors. Participants in the process interact with the court. If you do not want to violate the established standards of behavior, it is recommended to find out in advance how to address the judge during his work.
Themis' servants have the right to apply a fine to the troublemaker. It is also possible that the court will make a biased assessment of the actions of the offender himself if they are considered during the trial. Which entails additional troubles.
It is important to understand that violation of the rules of behavior in the courtroom inevitably leads to difficulties
You can read about bringing to administrative liability in our article here.
How to address a judge during a civil trial
The rules of conduct during this event are different from those in criminal proceedings. If you are a participant in civil proceedings, the Code of Civil Procedure will help you.
Article 158 of the Civil Code of the Russian Federation
The postulate describes in detail the rules for applying to court.
“Dear court” - this is the calling phrase if the commission includes one or more representatives of the law.
Nuances
How to contact a judge in an arbitration process or in court, where representatives of another organization or company are present? The answer to this question is contained in Article 154 of the APC. In the text of the norms of this article you can see that everything is quite simple. A participant in the process, when delivering his speech to the court, must say: “Dear court,” and then continue what he wanted to say. The same rule applies in civil proceedings (Article 158 of the Code of Civil Procedure). However, in administrative proceedings things are a little different. After all, during the hearing you only need to address the judge as “Your Honor.” This rule came into effect in September 2015.
In a criminal trial, when addressing the judge in person, you must say: “Your Honor.” If the case is considered collectively, then you need to say “Dear Court.” This must be remembered.
Appeal to the judge in a criminal trial
If there is a criminal proceeding, participants should obtain information about the standards of conduct in the Code of Criminal Procedure.
Article 257 of the Criminal Code of the Russian Federation
In the case when the meeting is chaired by a single judge, the speech of those present relating to his person must begin with the words “Your Honor.” There is a situation where a panel of judges is working on the process. Then the address “Dear Court” would be appropriate.
Administrative process and conduct of the parties
When planning to participate in an administrative court hearing, it is advisable to resort to the help of the relevant Code. Its presence is provided for by the legal framework.
The contents of the document record the form of oral appeal to the members of the judicial panel.
It is customary to address the representatives of the law present as “Dear Court” or “Your Honor” - when talking about one judge
If there is a written statement addressed to the servants of Themis, then it is considered as an appeal to the panel of judges and the speech formulation “Dear Court” becomes appropriate.
Article 144. Code of Administrative Procedure of the Russian Federation
General principles of conduct in court
According to constitutional norms, every citizen of the country has not only rights, but also inherent responsibilities. The latter is applicable to judicial practice and is a prerequisite for all participants in the meeting.
Understanding not only your rights during the process, but also understanding and fulfilling your responsibilities greatly makes life easier if you are going to take part in a trial. Experts recommend that those interested in the judges' verdict carefully prepare for the process.
The appearance of the defendant or plaintiff plays an important role
There is no official dress code. However, it should be understood that the most acceptable look will be in a classic style. Restraint and good manners will be your best advisers in preparing for the meeting.
The law provides for the impartiality of judges. However, the human factor may come into play. An unkempt appearance or provocative outfit can play a cruel joke and add to trouble.
Emotions are a bad companion in the courtroom
They can make you their hostage and make you miss important details.
In order to avoid a confusing answer, lawyers advise preparing a written speech in advance for speaking in court. It is recommended to set out on paper all the important details and circumstances that will be of interest to the court and may influence its decision.
It is worth remembering that a clear and calm presentation of details is attractive.
To eliminate ambiguities and possible delays in advance, participation in a preliminary court hearing will be a good help. This event most often has a conversation format and allows you to sort everything out. Therefore, one should not shy away from participating in it.
Adequate and restrained behavior will help make a positive impression on the judges
While a loud showdown with those present is a reason to remove the instigator from the meeting room. This development of events impedes the protection of personal interests and rights. In addition, by resorting to a quarrel, it will not be possible to reach a settlement agreement in court.
Civil Procedure Code of the Russian Federation. Chapter 15. Trial
Standards of conduct in court premises
Everyone present at the meeting must become familiar with the requirements for the conduct of participants before the start of the process. It is extremely important to understand the set of mandatory and desirable actions, your rights and obligations, as well as to delve into and understand prohibited and undesirable manners and gestures disapproved by justice. Good behavior can impress the judge and lead to better treatment or even influence the outcome of the hearing.
Important
An important point is the appearance of the participant. Officially, strict requirements for clothing have not been established, however, it is necessary to approach this issue with all seriousness and give preference to a neat, preferably modest, simple or classic set. A carefully chosen outfit can leave a pleasant impression on the meeting participants. There should be neatness in all appearance: neat hair, clean shoes...
During the entire process, you need to remain calm, pay due attention to detail and maintain a cool head. You should express your thoughts clearly and measuredly. To this end, seasoned lawyers encourage writing all speeches that will need to be given in advance. Participation in the preliminary hearing significantly facilitates the process of communication with the court and is similar to a simple dialogue. If you wish, you should not neglect the chance to take advantage of the settlement agreement. A noisy, loud participant who disturbs the peace and causes a lot of inconvenience may be expelled from the premises and lose the opportunity to stand up for himself in court.
Attention
Witnesses are required to attend the hearing, not be late and provide only truthful information. Witnesses are responsible before the court, as stated in legislative acts.
How to behave as a witness in court
If you are to become a participant in a trial as a witness, it is recommended that you consider observing a number of important rules:
- The witness must be personally present at the hearing.
- You cannot be late; it is important to arrive at the meeting place in advance.
- The witness is obliged to provide truthful testimony to the court in the context of the case under consideration. The law provides for criminal liability for false testimony. Each witness is informed about this in advance by the court.
- It is recommended to prepare your speech before the court on paper in advance. This will help you not miss anything important.
Participant in the trial
What rules apply to court participants - step-by-step instructions
An experienced lawyer will help you prepare competently for the trial. He will explain all the actions in the courtroom step by step.
Step 1
Maintain public order.
A violator of behavioral norms in the courtroom faces removal from the trial and a fine.
Step 2
The court must be greeted standing. It is also required to speak at a meeting while standing.
Participants in the process and everyone present at the meeting stand when the panel of judges enters and exits the courtroom
Step 3
Take your passport with you. Without a passport, you will not be registered at the trial and will not be allowed to participate in the process. A document equivalent to it will also do.
Take your passport with you
Step 4
It is not allowed to leave the courtroom after registration of participants in the process.
Compliance with the regulations will help to achieve a positive result
Step 5
It is permissible to make comments and express your opinion only after the judge gives you the floor.
Be mutually polite
Step 6
During the meeting, it is not permitted to use telephones, cameras, video cameras, voice recorders or other technical means.
Participants in the process are interested in maintaining order in the courtroom
Step 7
Appeal to the court in accordance with legally established standards.
Knowledge of the legislative framework will help you comply with the requirements.
Don't ignore the rules
After all, the judge can remove the offender from the courtroom. Moreover, for disrespectful attitude towards the authorities, a citizen can be fined a decent amount of money. Therefore, you should not be rude to the judge or talk while another person is testifying in the case.
In civil proceedings, the fine for such actions for citizens present at the meeting is one thousand rubles. As a rule, it is imposed upon repeated violation of order in the courtroom, more precisely after the presiding officer has already made comments to the violators. You also need to know about this.
