How Is The Trial Going

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How Is The Trial Going
How Is The Trial Going

Video: How Is The Trial Going

Video: How Is The Trial Going
Video: How a Trial Works 2024, December
Anonim

The court session is one of the stages of the judicial process. The meeting takes place according to a certain algorithm, which should be known to everyone who is preparing to defend their rights in court.

The court's decision is read
The court's decision is read

There are civil, administrative and criminal law within the framework of which the investigation of the case takes place. One of the stages of the trial is the trial. Meetings are held in accordance with the procedural code of a particular jurisdiction.

The consideration of a civil and administrative case takes place with the obligatory notification of the parties. The parties are summoned, the failure of one of the parties to appear may cause the adjournment of the court session. At the initial hearing, the case is considered by the judge alone.

The primary meeting is preceded by preliminary hearings at which the parties declare their positions. On the part of the court, an attempt is made to resolve the conflict situation out of court. If the parties do not come to a compromise, court hearings are scheduled.

Algorithm of the court session

On the appointed day, the judge opens the session and announces the case to be considered. The clerk of the court reports on the appearance of the plaintiffs, defendants and invited witnesses. The court is considering the possibility of holding the session in the existing composition, and if, in the opinion of the court, the absence of some participants does not affect the course of the process, the session continues. The entire course of the meeting is recorded by the secretary. Participants in the meeting are also allowed to take notes. Witnesses should not be present in the courtroom until they are summoned to testify.

Those present at the meeting are read out their rights and obligations. Before the start of the consideration of the case, both parties can file petitions on issues related to the proceedings, after which the actual consideration of the case begins. The views of the parties may be represented by lawyers or representatives of the plaintiffs and defendants.

During the meeting, witnesses are invited to the hall to give explanations on the facts of the case under consideration. After the hearing, witnesses may remain in the courtroom.

After listening to the presentation of the positions of the parties, the judge proposes to proceed to the debate. In the course of the debate, the plaintiff's side specifies its claims, and the defendant's side presents reasoned objections.

The judge records the opinions of the parties and leaves to make a decision. At the time of making a decision, a break is announced. After the break, the judge reads out the decision, substantiating it with the articles of the code.

Court session etiquette

The judge must be addressed "Your Honor" or "Dear Court". At the beginning of the session, at the entrance of the judge into the hall, and at the end, at the exit of the judge, all those present, including the secretary, must stand up. All participants of the meeting also speak while standing. It is necessary to get up in any case if you want to give a remark or answer a question from the court. All participants listen to the decision of the court while standing.

If a participant in the process is physically unwell, the court may allow him not to get up.

The decision of the primary court can be appealed in the cassation or appeal court, which is notified by the judge after reading the decision.

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