Several groups of persons are involved in the trial:
plaintiff, defendant, third parties, prosecutor. A third party enters the process when his interests are affected, or when it is impossible to carry out legal proceedings without his participation. The rights of third parties are similar to the rights of other participants in the process, but they have their own legal nuances.
What are third parties entitled to in court?
Third party concept
A third party is a person who has entered the legal process and has a legal interest in it. The interest of a person is due to the fact that a court decision in this case may affect his legal rights and obligations.
Types of third parties:
1. A third party who submits his claims to the court in relation to the subject of the dispute. In this case, the third party is assigned the same set of rights and obligations as the claimant. However, the third party is not an independent plaintiff, since it states its claims at the moment when the trial has already begun. If the decision of the court of first instance is adopted, the third person can no longer intervene in the case.
The claims of the third party and the plaintiff should not fundamentally coincide. And, since the person has his own interests in the case, he becomes a third opposing party, not inclined either to the plaintiff or to the defendant.
2. A third party who does not submit his claims to the court in relation to the subject of the dispute. In this case, the third party acts either on the side of the plaintiff or on the side of the defendant. At the same time, the third party helps the one on whose side it has taken to win the lawsuit. The interest of the third party in this is determined by the fact that in the event that this party loses, its legal rights and interests will also be affected.
When such a person is involved in a legal proceeding, the court begins consideration of the case from the very beginning.
Involvement of third parties in litigation
If a third party submits a claim itself, then, after consideration by the court, may be involved in the process. Also, the plaintiff or the defendant can independently file a petition with the court on the need to include a third party in the proceedings. If the court considers that its decision may in any way affect the interests of a third party, it can involve a third party, without the consent of the participants.
Third Party Rights
If a third party has its own claims in this process, the rights and obligations of the plaintiff are assigned to him. Consequently, the third party has the right:
1. View the case materials, as well as take photos of documents, make photocopies;
2. To declare taps;
3. Submit new evidence to the court;
4. To ask questions regarding the case to the persons participating in the case and the persons providing assistance;
5. Submit applications;
6. Explain with the court both orally and in writing;
7. Give your arguments and object to the arguments of other participants in the process;
8. Appeal against the decision of the court;
However, the right to withdraw from the claim or change its basis remains the sole advantage of the plaintiff.
If a third party does not have its own claims in this process, it uses the rights of persons participating in the process. But such a person does not have the right to perform actions that are aimed at disposing of the object of this legal relationship, namely:
1. Make changes to the basis of the claim and its subject;
2. Change the size of the claims stated in the claim;
3. Refuse the claim or admit it, conclude an amicable agreement;
Refusal of a third party to participate in the trial
When a third party does not see the need for his participation in the trial, he can refuse to attend the court hearings. Then he needs to write a statement with a request to consider the case in his absence. If the third party does not inform the court about the valid reasons for his absence, this can be considered as contempt of the court. If there is a valid reason, the third party must notify the court in writing.
