Matters needing attention of all parties. As the plaintiff and defendant in the trial, there are also different matters to pay attention to during the trial. If the court order is not respected, it is likely to affect the judge's decision.
First of all, the plaintiff's precautions.
Before the trial, the plaintiff should work with his lawyer to sort out the case and find enough evidence to support his complaint. The general counsel will help you find relevant evidence.
The plaintiff must bring the subpoena, civil complaint and his identity card transmitted by the court before the trial. The summons will indicate the time of the court session, and he must be present on time, otherwise he will be sentenced by default.
If I can't attend, I can find someone to represent me. The process of speaking is as simple and clear as possible. Don't talk nonsense and don't talk logic.
In the process of hearing, we should abide by the on-site discipline, don't talk loudly at will, and don't insult each other. The court is not a vegetable market, it needs to be rigorous and quiet.
If both sides want to negotiate a settlement, there should be a clear bottom line. General lawyers will tell you the pros and cons and help you make a balanced choice.
Then, the defendant pays attention to matters.
After receiving a copy of the indictment issued by the court, the defendant shall submit a reply within 15 days. If you don't know how to write, you can ask a lawyer for help and finish with the help of a lawyer.
Before the trial, the defendant should find the evidence that is beneficial to him, prepare the list of evidence and submit the corresponding copy to the court. The defendant needs to carry his ID card and observe the order at the scene.
As a defendant, you should communicate with your lawyer before the trial to minimize your responsibilities. Don't talk nonsense during the trial, let alone polish it with facts.
Precautions for lawyers. As the defender of the parties, lawyers play a very important role. In addition to having a clear understanding of the case, we should also assume the trap laid by the opposing lawyer and respond flexibly on the spot. Lawyers should pay attention to the following points in the trial.
First of all, sort out the facts of the case.
After accepting a case, a lawyer first listens to the client's real demands and potential needs, sorts out the case, and informs the client of the interest relationship in the case, so that the client has a bottom.
Then, judge the legal nature.
Each case is different in nature and involves different legal knowledge. After listening to the client's statement, the lawyer should judge the legal nature and sort out the legal views.
Moreover, prejudge the other party's point of view.
The lawyer's job is a bit like the debater in the debate we watched when we were young, except that the lawyer proves his point of view from a legal perspective. After a lawyer makes his point clear, he should predict in his mind what the other party will put forward.
Lawyers should consider comprehensively, know fairly well, grasp the other party's omissions to elaborate, minimize the client's responsibility as far as possible, and make the client's wishes clear.
Finally, there must be a two-pronged plan.
As the saying goes, be prepared. During the trial, the opposing lawyer may be aggressive and even lead you into the pit with different opinions. If you don't screen the potential controversial points and only have a single-handed solution, you are likely to be at a loss.
Therefore, we must know what opinions are unfavorable to us, how to avoid the display of unfavorable opinions, and whether to prove our opinions with existing evidence.
Notes for observers. Many people are curious about the trial and want to experience the excitement of the trial. According to the rules of the People's Court of People's Republic of China (PRC), as long as a case is tried in public, it must be allowed to attend.
What should ordinary people pay attention to when auditing?
1. You must bring your ID card.
Under normal circumstances, you can enter the court with your ID card. However, some special circumstances are not allowed to attend, so you can go to the local court for consultation.
2. Discipline must be respected.
The court is a sacred and solemn place. During the trial, you can't walk around or raise your hand to ask questions, and you can't disturb the judge's thinking with loud noise. Observers are not allowed to record, video or take photos of the case, and if they are found, they are likely to be fired.
If you repeatedly ignore the judge's warning and disturb the court order during the trial, you are likely to be punished by law, which is not worth the loss. Therefore, when listening, you must keep your mouth shut and observe the relevant discipline.
3, mental illness and alcoholics are not allowed to participate.
For those who have no self-control, it is not suitable to attend, which is likely to disturb the scene. Every minute of the trial is precious, and you can't delay the progress because you listen to irrelevant people making trouble.
Especially for alcoholics, drinking into the court is also disrespectful to the court. Don't smoke, clap or shout in court. Keep quiet and awe.
To sum up, the trial is very important and is likely to affect a person's future. Different people have different precautions during the experiment. But there is one thing that everyone must abide by, that is, on-site discipline.