Correct conduct of a case in court is a guarantee of its favorable outcome. However, it is not so easy for a novice lawyer to avoid mistakes and blunders. What should you pay attention to first of all?
Necessary
- - a document confirming authority;
- - the passport.
Instructions
Step 1
If you represent the interests of one of the parties in court, take care of the proper formalization of your powers. The head of the organization, conducting business on its behalf, will need a document certifying the official position, and constituent documents or an extract from them. The lawyer presents a warrant or power of attorney along with a lawyer's certificate. The judge will ask the legal representatives for documents confirming their status and powers. All other representatives act on the basis of a written power of attorney or an oral statement made during the hearing. In any case, the persons who are allowed to participate in the case, being at the meeting, must have their passport with them.
Step 2
Read the documents submitted by the opposing party before starting the trial. Determine their place in the evidence base, examine for deficiencies. If any are found, declare this when examining evidence in court.
Step 3
Communicate with both the judge and the opposing party in a respectful manner. Regardless of whether the case is being considered by several judges or by a single judge, the “Dear Court” should be applied in any case. By analogy, for the opposite side, contact "Dear Plaintiff" or "Dear Defendant".
Step 4
Prepare carefully for each hearing. Use the right granted to you to familiarize yourself with the case materials, the minutes of the court session, make extracts from them and make copies. If erroneous information was entered into the minutes of the court session, you have the right to make your comments in accordance with Article 231 of the Civil Procedure Code of the Russian Federation (Code of Civil Procedure of the Russian Federation) or Article 155 of the Arbitration Procedure Code (APC RF).
Step 5
Anything that you want to bring to the attention of the court, fill out in the form of written explanations. If there is such a possibility, it is better to write petitions and applications for recusals, otherwise they need to be dictated to the court clerk under the record in the minutes of the court session.
Step 6
If it is necessary when proving, involve experts and specialists - to give opinions and clarifications on issues requiring special knowledge; witnesses - to testify. When these individuals are invited by the opposite side, prepare questions for them, the answers to which could strengthen your position on the case. Experienced lawyers say that you should only ask a question for which you know the answer in advance.
Step 7
Get your hands on the decision of the court. If necessary, appeal against it, guided by sections III or IV of the Code of Civil Procedure of the Russian Federation or section IV of the Arbitration Procedure Code of the Russian Federation.
