How to contact a judge in civil proceedings

Rules for contacting a judge

How to address a judge to show him respect? When answering, you need to get up from your seat, even if no one said so. But there are exceptional cases when you are allowed not to get up (feeling unwell, serious illness, injury). Professional judges must take this into account.

When a speech is addressed to the court, all participants in the meeting must say “Dear Court.” How to contact a judge in civil proceedings? We must say “Your Honor.” The phrase expresses respect, so it is considered generally accepted.

How to contact a civil trial judge?

The procedure for conducting civil proceedings itself is clearly standardized. When a participant in the process wants to say something, he must stand up and address the judges with the words “Dear Court!”

It should be noted that the procedure in the court hearing, as well as the rules for appealing to fate, are prescribed in the arbitration procedural code. It also needs to be said that all participants, without exception, address the court while standing, with the words “Dear Court.”

Judicial ethics is a very important point; compliance with this ethics is prescribed in the laws; accordingly, participants in the process must behave correctly, answer the questions posed, and act within the established rules.

Acceptable types of requests

In practice, there are other types of appeals. They are not prohibited because they are specific and concise. How to address a judge in court in other ways? The phrases “Mr. Judge”, “Comrade Judge”, “High Court” are suitable. You need to make a speech using the “you” form.

You should not interrupt the judge when he is saying something. You can speak out after he finishes doing this. You should speak clearly and distinctly. There is no need to raise your voice or use indecent language. It is not permissible to insult any of the participants in the hearing. A person is responsible for this. It is necessary to take into account that the form of appeal affects further relations between all participants in the case.

criminal process

One of the complex processes is criminal. In this case, cases involving serious punishment are considered. The process is standardized, but the order in which people speak can be changed.

How to address a judge in a criminal trial? Participants in the hearing must say “Dear Court” or “Your Honor.” Both phrases fit perfectly, so you can say either of them.

During a civil trial

Many people wonder how to address a judge? You need to make your speech only while standing, and you must show your respect for the participants in the meeting and the proceedings itself. When resolving a civil case, a judge should only be addressed as “you” and say: “Dear Court.” This does not depend on whether the judge is a man or a woman. It is also necessary to say that there is no need to use the phrase “Your Honor” here. Because this is inherent only in criminal proceedings.

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It is also necessary to say that you should not say a lot of unnecessary and unnecessary words during the trial. In addition, there is no need to talk about circumstances that have nothing to do with the case at hand. Moreover, in civil proceedings concerning the resolution of a dispute about the place of residence of children or the collection of alimony, divorce, division of property, people must show respect for the court and other people present at the hearing. Because there are often situations when spouses cannot agree peacefully and begin to sort out personal relationships right at the court hearing. This is very unpleasant and disrespectful. In such situations, the judge stops and postpones the consideration of the case.

Behavior rules

If a hearing is scheduled, you need to know not only how to address the judge, but also the rules of conduct in court. They will make you feel comfortable and also prevent common mistakes. The rules of conduct are prescribed in Art. 158 of the Civil Procedure Code:

when the judge enters, everyone must stand;
All testimony, statements, appeals are given standing;
You can start speaking with the permission of the judge;
the rules are the same for everyone, regardless of position and other factors;
the violator is given a warning; repeated actions may result in removal from the hall or imposition of a fine;
upon entry, security is presented with a passport and a summons, and the purpose of the visit should also be reported;
upon arrival you will need to register with the secretary.

Deadline for transferring the case for consideration to the arbitration court

Procedural deadlines are of fundamental importance for arbitration proceedings. The exercise of the right to protect legitimate interests in court is most effective if the statute of limitations has not expired at the time the claim is filed. The latter, as a general rule, is 3 years (Article 196 of the Civil Code of the Russian Federation).

However, going to court is possible even after the limitation period has expired.

Its omission may become grounds for refusal to satisfy the claim without considering the case on its merits. And then, only if the debtor’s representative insists on this (Article 199 of the Civil Code of the Russian Federation). Missing the limitation period is not a basis for refusing to accept a claim for consideration. The legislator does not oblige a potential plaintiff to wait any period after the violation of his rights and legitimate interests before filing a claim. However, in a number of cases, the plaintiff will have to carry out a number of formalities and try to collect what is due from the debtor on his own. Claims arising from civil relations may become the subject of consideration by the court only after a successful or unsuccessful attempt at pre-trial settlement of the dispute. As a general rule, a claim can be filed within 30 days after the claim is submitted. Filing a claim is prevented only by recognition of the claims. Complete or partial refusal by the debtor, as well as ignoring the claim for 30 days, gives grounds for filing an appeal to the arbitration court. Categories of cases for which pre-trial settlement is not required:

debtor bankruptcy cases;
corporate disputes;
cases of termination of trademark protection due to non-use;
cases of challenging the verdicts of arbitration courts.

What clothes should I wear to attend court?

It is important to know not only how to properly address a judge, but also about the specifics of choosing clothing. There is no dress code for such occasions. The style of clothing can be different, the main thing is that it looks neat and strict. Sloppiness is not acceptable.

Court staff have ethical standards. Their appearance should be neat. It is best to choose business attire as it is discreet and formal.

A little about the main thing

So, how should you address the judge during a hearing? After all, many people who find themselves in a courtroom for the first time do not know all the rules and regulations of the law.

It is necessary to immediately say that any of the participants in the process must make their speech standing. This applies not only to the defendant, but also to the public prosecutor. In addition, addressing the judge with respect and respect is a very significant and important point. Moreover, this is not only a rule of good manners, but also a norm enshrined in law. Thus, a person who violates this rule may be fined for contempt of court and removed from the courtroom.

What documents do I need to take?

At the entrance to the court there are usually guards or a bailiff who check documents. If this is an employee, then he has an official ID. Otherwise, a passport is provided.

If the call was made on the basis of a summons, then it must be provided. It indicates the room number where the meeting will take place, where you need to go to register. This is done before the process begins.

The attendance of all participants is required. Anyone can attend such an event, even if there was no invitation. Law students as well as interested citizens may attend the meeting.

Filming of the event is prohibited. But you can make an audio recording. Russian legislation prohibits photography and video recording. It is allowed to be carried out with the consent of the court. But it is allowed to record everything with a voice recorder and audio devices.

Employee behavior

It is advisable to familiarize yourself with the rules of conduct at the meeting in advance. For this purpose, there is a Code of Ethics, which sets out the rules of employee conduct. Do employees have any advantages? They do not have any privileges, so they should behave calmly, kindly, and politely. It is important to be tolerant of all participants in the court hearing.

The employee does not have the right to speak. Actions that discriminate against people based on gender, age, race, nationality, citizenship, or material wealth are not permitted. It is also prohibited to humiliate a person, his desires and interests. Therefore, any phrases must be expressed in a cultural and restrained form.

Rudeness, arrogance, and bias are prohibited. Employees do not have the right to threaten, insult, or humiliate colleagues or participants. Illegal behavior, such as fighting, is unacceptable.

How to file a claim in the world court

Let's consider the basic rules when drawing up this statement of claim in the magistrate's court:

Please adhere to the 3 page length limit for your statement of claim. If the legal position is complicated by any factors, the recommended volume may be exceeded. It is necessary to write as clearly as possible, it is necessary to exclude unnecessary emotionality and deviations from the topic. It is important that any words that degrade a person’s dignity, insults, as well as addresses in the style of “Your Honor” and others are unacceptable in this statement of claim. It is necessary to display the essence of the problem situation as dryly, concisely and specifically as possible.
It is imperative to indicate the facts of violation that are directly related to the given situation. Display the articles and legal acts that should be applied to regulate in a specific situation. The evidence base confirming the fact of violation should be clearly formulated and displayed.
Follow a clear structure when filing a statement of claim in the magistrate’s court:

You must display the name of the court at the top of the page on the right side.
Full name and details of the plaintiff, including registration address;
similar data of the defendant;
specific requirements with a clear amount of compensation;
circumstances of the incident and numbers of documents involved;
reasonable evidence, which may include witness statements;
a complete list of documents attached to the claim;
date of filing and signature of the plaintiff.

It should be remembered that any application submitted to the magistrate’s court must be accompanied by a copy of the passport and a receipt confirming payment of the state fee.

The amount for different categories of cases differs; for clarification, you must contact the judge’s secretary. If the claim is filed by a legal representative, a power of attorney must be attached.

If the standard drafting rules are not followed, the court has the right to refuse to accept the application by the plaintiff or his representative. In this case, it is necessary to eliminate all inaccuracies and errors within the specified period.

Consultations in court

What behavior should a person have if there are questions? But you can’t ask them to the judge. It has visiting hours and therefore you should make an appointment in advance for a consultation. In this case, you can get answers to all questions.

It should be borne in mind that judges do not help prepare documentation. This work is done by lawyers. In all court buildings there are information stands where there are samples of various applications, details for transferring state fees and other necessary information for citizens.

It is important to follow all the rules, otherwise breaking them may result in a fine. Moreover, the court is an executive branch, and therefore, when addressed impolitely, a citizen shows his attitude towards the country.

Features of the World Court

Not all disputes that arise can be resolved in a magistrate's court. This court considers the following claims:

about divorce of spouses (without children or without disputes about them);
on the issuance of a court order;
on the division of jointly acquired real estate;
for other types of family proceedings;
about property disputes;
on determining the procedure for using housing;
for invalid claims.

adoption cases;
questions about establishing paternity;
disputes over depriving citizens of parental rights;
on disputes about children;
on issues of inheritance;
cases on the use of the results of intellectual work.

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All conflicts between the borrower and the lender with a claim price of up to fifty thousand rubles are also considered by the magistrate. If the price is higher than this amount, the case will be heard elsewhere. If the plaintiff consolidates claims, changes the subject of the dispute or other circumstances, the case will be heard in the district court. If there is a counterclaim, the claims of which fall within the jurisdiction of the district court, both appeals are considered there. The magistrate will not consider the case if the counterclaim cannot be ignored.