At the hearing, the chief person is the presiding officer, and everyone present in the courtroom is obliged to follow his instructions. And so that the court rules do not come as a surprise, you need to know the general order of the process.
The procedure for holding court hearings in civil cases is described in the Civil Procedure Code of Russia. The main person during the session is the judge. All participants in the process and ordinary listeners are obliged to follow his instructions and obey orders.
Preparatory part of the court session
The process begins with the fact that the secretary reports on the attendance and reports who has appeared, who is absent and whether there is a notice of proper notification of the persons taking part in the case.
In the absence of any of them, the court raises the question of the possibility of starting the court session. When the failure to appear is due to improper notice or other good reason, the court adjourns the case for another day.
If there is no objection, and the person who did not appear is notified, the judge continues the hearing of the case and establishes the identity of those who appeared. Each participant in the process presents a passport and provides the court with his personal data, including his place of residence and work.
The judge explains who is in the composition of the court and ascertains the availability of challenges. If the court is not challenged, the procedural rights are explained to the participants in the process and the existence of motions is established. The preparatory part of the court session ends with their consideration and discussion.
Court hearing
The next stage is the direct consideration of the case and the study of all the circumstances. The judge reads out the statement of claim and finds out the attitude of the plaintiff and the defendant towards him. As a rule, the plaintiff insists on the claim, but the defendant does not agree with him.
Then the court submits for discussion the issue of the procedure for considering the claim. After listening to the views of the parties, the judge makes an appropriate oral ruling, in which he establishes the sequence in which all the materials of the case will be examined. As a rule, the parties take turns giving explanations and answering the questions of the presiding officer. According to general rules, the plaintiff first gives evidence, then the defendant and third parties.
After the interrogation of the parties, the court proceeds to the examination of the evidence. As the law says, they can be: documents, material evidence, expert and specialist opinions and testimony of witnesses.
First of all, witness testimony is heard, in the second, documents and material evidence are reviewed. Upon completion of the above procedural actions, the court asks the parties whether there is additional evidence and whether it is possible to complete the consideration of the claim.
If the plaintiff, the defendant and the third party agree, and other means of proof have been exhausted, the judicial investigation ends and the judicial pleadings begin.
Final part
The plaintiff is the first to take the floor. Then the right of speech is given to the defendant and his representative. Third parties speak after all parties have spoken. If a representative of the prosecutor's office takes part in the case, he gives an opinion at the very end of the debate.
When speaking in court hearings, a party may disclose certain circumstances that are important for the case, but were not investigated during the hearing. In such cases, the court is obliged to issue a ruling on the resumption of the trial on the merits and again proceed to the judicial investigation.
After the end of this procedure, the court hearings are repeated.
The meeting ends with the removal of the judge to the deliberation room, after leaving which the operative part of the verdict is announced. The parties are explained how and when the full text of the resolution and the procedure for appealing it can be obtained.
This is the order in which civil meetings are held.
