After knocking the hammer, the judge said, now the trial is declared. Then I saw the so-and-so trial court of the people's court. Today, the case of a dispute between so-and-so was heard publicly. First of all, I checked the identity of the parties: the plaintiff stated the name, domicile, legal representative and entrusted agent of the unit, and the defendant also stated these.
Let's inform the parties of their rights and obligations and ask the original defendant whether to apply for withdrawal. Let's start the court investigation. Let the plaintiff state his claim, facts and reasons. Let's ask the defendant to answer the plaintiff's claim. The following cross-examination, please show your own evidence, and explain the source and content of the evidence.
Hearing in court refers to the process of hearing a case in a court or other suitable place after the people's court completes the preparatory work before hearing.
Generally speaking, the basis of court trial lies in the initiation of criminal proceedings, civil proceedings and administrative proceedings. It is necessary to investigate the facts, listen to the opinions of the public prosecutor, the defender and the parties, and judge whether there is a crime in criminal cases, who is responsible in civil cases and whether the defendant is responsible in administrative cases.
Specific steps to expand data:
1. The clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline;
2. The presiding judge announces the hearing, checks the parties, announces the cause of action, announces the list of judges and clerks, informs the parties of their litigation rights and obligations, and asks whether the parties apply for withdrawal;
3. Conduct court investigation. The court investigation shall be conducted in the following order: (1) statements by the parties; (2) Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court. (three) to produce documentary evidence, material evidence, audio-visual materials and electronic data; (4) Reading out the appraisal opinions; (5) Reading the record of the inquest. At the same time, with the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
4. Conduct a court debate. The court debate is conducted in the following order: (1) the plaintiff and his agent ad litem speak; (two) the defendant and his agent ad litem reply; (three) the third person and his agent ad litem to speak or reply; (4) Debate with each other. After the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
5. Review and sentencing. After the court debate or the defendant's final statement, the judge enters the appraisal room for deliberation and makes a judgment.
References:
Baidu encyclopedia-court session