How Does The Defendant Appear In Court?

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How Does The Defendant Appear In Court?
How Does The Defendant Appear In Court?

Video: How Does The Defendant Appear In Court?

Video: How Does The Defendant Appear In Court?
Video: Courtroom Etiquette: What to do in Court (Tips and Information) 2024, May
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Attending and speaking in court is not always an easy matter, even for professionals, let alone ordinary citizens. It is doubly unpleasant if you have to act as a defendant. However, this situation is not catastrophic.

How does the defendant appear in court?
How does the defendant appear in court?

Instructions

Step 1

In accordance with the legislation, the defendant is the party (natural or legal person) against which the claim is brought. The parties to the case have certain rights and obligations. To get an idea of what actions you can take as a defendant, read article 35 of the Civil Procedure Code of the Russian Federation. Do not neglect this, because if you do not know your rights, the plaintiff can take advantage of your legal ignorance.

Step 2

In order not to disturb the order in the court session, read Chapter 15 of Section II of the Code of Civil Procedure of the Russian Federation. In particular, study Section 158, which explains how to behave during the trial and how to go to court. Also, study the order of the court session so that you know at what point you can fully speak, and when - just listen to the arguments of the other side in the case. At the same time, do not be afraid to speak up in court for fear of breaking any rule. The judge can correct you at any time and explain when you will be given the floor.

Step 3

Study the case file. Access to them is carried out on the basis of an application, which is drawn up in the name of the judge leading the process. Visit the official website of any court to find a sample of such a statement. Contact him either to the office or directly to the judge. He will impose a resolution, the court staff will give you a case, which you can familiarize yourself with in the presence of the bailiff. If necessary, you can make photocopies or photocopies of those documents that may be useful to you.

Step 4

Make a rough plan of protection. Think about what questions the court or plaintiff might ask you and prepare answers to them. Look through the regulations, try to find articles and provisions on the basis of which you can defend your interests. Take copies of any documents that will help you prove the plaintiff's statements are incorrect. You can ask the court for help if you need to obtain evidence that you cannot obtain on your own.

Step 5

If you are not sure that you will be able to appear in court in such a way as not to complicate the situation for yourself, issue a power of attorney for a professional representative. You are entitled to it by law. At the same time, having a lawyer does not deprive you of the right to be present in court and make statements on your own behalf. Such a power of attorney is drawn up by a notary. You need to have passport data with you - yours and your representative's.

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