End of court hearing in a civil case
The court hearing can end in different ways. The judge may postpone it, declare a break, or suspend the proceedings. Even after the judicial debate (but before the court retires to the deliberation room), a situation may arise when it is necessary to clarify new circumstances. Then the court issues a ruling to resume consideration of the case on the merits. And new evidence is being explored.
If the judicial debate ends, the court retires to the deliberation room. To make a decision on the merits. Thus, a court hearing in a civil case ends with the announcement of a court decision in the case.
Procedure for holding a court hearing
The judge is obliged to clarify with the plaintiff and defendant their position on the case and establish the factual circumstances of the case. First, the plaintiff is interviewed. Does he support his demands, is it possible to conclude a settlement agreement, or other conciliation procedures? What evidence supports the plaintiff's position. The judge can ask questions, as can the defendant (with the permission of the judge), and third parties, the prosecutor, etc. The defendant then presents his position and may also be asked questions.
If there are no grounds for postponing the consideration of the case at this stage of the court hearing (for example, an application has been received to involve a third party, co-defendants, to replace the defendant, to issue a letter of request, etc.), the court begins to examine the evidence.
Since both the plaintiff and the defendant must receive written documents in advance, they are able to formulate their position based on the evidence. You can file a motion about the inadmissibility of evidence, about falsification, or declare that it is not relevant to the case. In general, there is no need to be afraid of a court hearing. Correct behavior is an attentive attitude to the words of the judge and an active position and behavior in the process. Disturbance of order at the meeting is not allowed. Otherwise, the court may apply a judicial fine. The court may also remove such a person from the hearing.
After examining the evidence, the judge will ask the parties and third parties for additional explanations. And then he will move on to legal arguments.
Judicial debates are the last opportunity to convey your position to the court. This stage consists of speeches. First the plaintiff speaks, then the defendant. The defendant has the right to make the last comment. You cannot refer to circumstances that were not clarified by the court and to evidence that was not examined.
How does a court hearing in a civil case work?
As a general rule, a civil case must be considered within 2 months from the receipt of materials in court, and cases regarding reinstatement at work, collection of alimony, demolition of unauthorized buildings - within 1 month. Like any case before a magistrate. In fact, it is rare that the court makes a decision in the first court hearing. It is usually delayed. For example, to request evidence. Proceedings may be suspended for examination in civil cases, etc.
When the judge enters, everyone present stands up. While standing, explanations and explanations are given and questions are asked to other persons. The case is being conducted by a judge, so even for those unfamiliar with the rules of the trial, if they pay close attention to the words of the judge, everything will be clear. The judge should be addressed as “Dear Court.”
First, the judge declares the hearing open. The secretary reports the attendance of persons and the reasons for non-appearance. Then he announces the composition of the court and asks about the existence of grounds for challenging the judge, secretary or other persons. The judge then explains the rights and responsibilities of the persons involved in the case. And examines the direction and receipt of judicial notices to those persons who did not appear at the trial. If applications to consider the case in the absence of such persons were not received.
The concept and significance of the trial stage
The trial is intended to consider and resolve a civil case on its merits and occupies a central place among other stages of the civil process, since it is at this stage that the goals and objectives common to civil proceedings are carried out.
The importance of the trial stage
- The trial is the main stage of the process. It is at this stage of the trial:
- the principles of justice (adversarial, dispositive, direct, etc.) operate most fully;
- the main task of justice is solved - the correct and timely consideration and resolution of the case (other stages only ensure the solution of this problem);
- The vast majority of civil cases are considered and resolved.
- Based on the results of the court’s activities at this stage, the population assesses the state of legality in justice (due to the principle of transparency).
The stage of the process under consideration differs from others not only in its specific goals, but also in its subject composition, object and content. The main participant in the process is the court of first instance (magistrate). Its activities are aimed at considering and resolving disputes about the law between the parties to the case.
At this stage, such participants in the process appear who, as a rule, are not present at other stages - witnesses, experts, specialists.
When considering a case, the court of first instance must:
- clearly understand the essence of the plaintiff’s demands and the defendant’s objections;
- directly examine the evidence;
- establish the factual circumstances of the case;
- find out the rights and obligations of the parties, the interests of applicants protected by law.
The trial stage ends, as a rule, with a decision being made on behalf of the Russian Federation. When resolving a case, the court is obliged to make a lawful and justified judicial decision that protects the rights and legally protected interests of citizens and legal entities.
Before a court hearing in a civil case
After submitting documents to the court according to the rules of jurisdiction and appointing the composition of the court, a procedural decision is made - to accept the claim, leave it without moving, return the claim, or refuse to accept the claim. If the documents are in order, a civil case is prepared and a preliminary hearing is scheduled.
Before the main court hearing, the plaintiff should check whether the amount of the claim, the grounds or the subject of the claim have changed. Familiarize yourself with the response to the claim or counterclaim received in his address. It is possible to prepare your written objections to these documents. The defendant, in turn, prepares his evidence and substantiates his legal position.
It is advisable to appear early for a court hearing in a civil case. You must have your passport with you. The representative is given a power of attorney to represent interests in court. If the request to call witnesses is granted, the applicant ensures their appearance. That is, these persons also appear at the courthouse, but are not included in the court hearing along with the parties. They will be invited by the court secretary in due course.
Special or general?
After the amendments to Art. 314 and 316 of the Code of Criminal Procedure of the Russian Federation, introduced by Federal Law No. 224-FZ of July 20, 2022, defense lawyers and law enforcement officers were faced with a misunderstanding of the procedure for considering a criminal case of a serious crime committed before the entry into force of this law, if there was a petition from the accused to issue a sentence without a trial due to agreement with the charge, stated when familiarizing with the materials of the criminal case or during a preliminary hearing.
