When considering criminal cases, the presumption of innocence applies. The court must prove your guilt, and not you - justify yourself. It is written in civil proceedings that you yourself must defend your rights. But since all of us (fortunately) do not often find ourselves in the courtroom, a lot of questions arise, how can you justify yourself and prove your case.
Instructions
Step 1
First of all, carefully study the essence of the question. If you are being sued, think about what the plaintiff will argue and what you can bring back.
Step 2
Collect evidence of your innocence. For example, photographs, payment documents, notarized copies of property documents, testimonies of witnesses. If it is a traffic violation, draw a diagram. Let eyewitnesses confirm its reliability.
Step 3
Before the court hearing, check that you have prepared all the documents. Do not take unnecessary papers into the courtroom. At the last moment, you may get confused and in this heap you will not find the only document you need. The court will consider you unprepared - this cannot be allowed.
Step 4
When the judge gives you the floor, do not rush to immediately make excuses and give evidence. Just say that you disagree with the claim. Listen to what the plaintiff will accuse you of, what evidence he will bring, what questions the court will ask him. Build your behavior accordingly.
Step 5
In the process of defense, do not get carried away with theoretical reasoning and emotional, rhetorical statements. Try to build your speech logically and reasonably. You can give examples from arbitration practice in similar cases. At the same time, you must have exactly the information when and by what court such a case was considered. You can also refer to the explanations of the Supreme Arbitration Court (Supreme Arbitration Court) on the application of the law.
Step 6
If you are confident that you are right, file a counterclaim. The court does not always take into account the arguments presented in its defense, but it carefully examines counterclaims.
Step 7
And the last thing: before the trial, try to consult with a qualified lawyer. There are so many pitfalls and nuances in our legislation that only a specialist can deal with them.
