We took out the trial transcript of the first instance for analysis.
Let's start with the plaintiff's statement and the defendant's defense.
After checking the identity of the parties, reading out the court discipline and asking whether the parties are withdrawing, the judge enters the court for investigation.
The plaintiff read the complaint and the defendant responded according to the contents of the complaint.
These are all prepared before the trial, and you can read or state them in a normal and orderly manner according to the materials you have prepared.
Even if some plaintiffs change or increase their claims in court, the court will ask the defendant whether to ask for the time limit for defense and proof.
If the defendant is not prepared for any substantial changes, the court will give time to make corresponding preparations.
The materials needed for this link are prepared in advance and carried out step by step.
Then analyze the evidence and cross-examine.
Proof means that the parties to a case provide evidence to the court according to their own opinions. This kind of behavior is called testifying. The law requires the parties to provide evidence to prove their claims.
No matter which party is the agent, a list of evidence should be prepared before the trial, indicating the name, source, purpose and matters of the evidence.
All the evidence is prepared around one's own claims and refuting the other's claims.
Cross-examination means that the evidence provided by one party is refuted by the other party. This kind of behavior is questioning.
Cross-examination is refuted according to the "three natures" of evidence.
The legitimacy, authenticity and relevance of evidence are called the three characteristics of evidence.
The prepared evidence needs to conform to the "three characteristics" of the evidence. In cross-examination, it is necessary to refute and reply according to the "three characteristics" of the other party's outstanding matters and evidence.
Because the evidence and cross-examination have been prepared before the trial, these statements can be made in order according to the trial process organized by the presiding judge and the arrangement of the judge during the court investigation.
The evidence and cross-examination materials prepared in advance appear to be of low technical content in the trial.
In court trial, the most effective way to test adaptability is to let one party supplement evidence after cross-examination at the stage of court investigation.
In this link, it is necessary to explain and respond to the opinions refuted by the other party during cross-examination.
Many lawyers did not do well in this link, which directly led to the client losing an opportunity to explain the facts to the court and enhance his favorable statement.
This link, seemingly simple sentences, tests a person's generalization ability and on-the-spot reaction ability.
If you don't fully understand the other party's statement in cross-examination, or don't understand the implied meaning of the other party's statement, you will be very passive.
Especially in some related cases, the statement of one party in this case, whether refuting or agreeing, may become evidence in another case.
Therefore, this ability needs deliberate practice to improve.
These all need to participate in a large number of experiments to achieve and practice.
Another link that needs special attention is the court debate.
You can't repeat what you have said in this link, but you need to reiterate and emphasize your own views.
In this link, we need to respond one by one according to the focus of the case summarized by the judge in the trial investigation, combined with the rebuttal opinions and arguments of the other party.
This link includes not only the statement of the facts of the case, but also the reference and application of laws and regulations.
Even in the trial procedure of "combination of quality and defense" (that is, cross-examination and debate are carried out together, and there is no explicit requirement for separate trial procedures), it is particularly important to summarize one's views in a few sentences and express one's arguments in support of one's demands.
The debate session needs superb language expression ability and viewpoint extraction ability, and it needs to be summarized repeatedly before the court. You should prepare relevant speeches and expressions from your own position and the other's position.
Participate in the trial more, and pay attention to the lawyer's expression in this link during the trial, so as to practice.
Finally, summarize the statement and express your views in one sentence. This sentence should also be thought out in advance, and it is best to sublimate your own views. Not that the plaintiff supported the claim, but the defendant said that it was enough to insist on the defense and cross-examination opinions.
The seemingly light trial actually determines the direction and success or failure of a case.
We must attach importance to it.
You need to pay more attention and practice deliberately.