1. Preparations before the trial.
The clerk should arrive at the court first and make the following preparatory work before the hearing:
(1) Announce: Invite litigation participants to enter the court and take their seats. Check the appearance of participants in the proceedings. If any litigation participant fails to appear in court, he should immediately report it to the presiding judge for handling.
(2) Announcement: Require litigation participants to produce their identity documents. Verify the identities of litigation participants before attending the case. If it is confirmed that there are witnesses, appraisers, surveyors, inspectors, or people with specialized knowledge ("experts"), their identities should also be checked and they should be asked to leave the court and wait for summons.
(3) Check the "Notification of Litigation Rights and Obligations of the Parties", "Litigation Risk Warning", "Notice of Addition of Evidence", "Notification of Members of the Trial Tribunal" and the court's "Subpoena" and "Notification" 》 and the receipt of litigation materials such as complaints.
(4) If the trial is held in public, it should be checked whether the observers are suitable and whether there are reporters at the scene.
If any minors (except those with approval), mentally ill persons, drunk persons or other persons who are not suitable to observe are found to be present, they shall be asked to leave the court.
If you find a reporter interviewing in court, you should confirm whether it has gone through the approval process. Without approval, no audio, video, or photography is allowed; however, reporters are allowed to participate in court hearings and record as observers.
2. Announce court rules and court discipline.
The Clerk announces: The rules of the court and the discipline of the court are now announced. The specific content of court rules and court discipline shall be subject to the relevant provisions of the "Rules of Court". In addition, a special reminder can be given: All personnel please turn off the ringtones of mobile phones and pagers.
3. The judge enters the court and reports on the pre-trial preparations.
The clerk announced: Everyone stand up! Then lead the presiding judge and judges (people's assessors) into the court.
After the judge took his seat, the clerk announced: Please take a seat.
If a judge enters the court while the clerk is making preparations or announcing court discipline, the clerk should suspend the work at hand and preside over the judge's entrance ceremony before continuing the work at hand. ......
(2) Other litigation participants who have appeared in court: ......
(3) The news organizations and reporters who have been allowed to attend the court to observe interviews are: .. ....
Finally, the clerk reported: The court is ready and the presiding judge is requested to preside over the trial.
4. Check and confirm the identity of the litigation participants.
On the basis that the clerk has verified the identity of the litigation participants, the presiding judge only needs to make a simple verification.
After consulting the parties, the other party raised objection to his identity to the court. After the parties confirmed that they had no objections, it announced that: this court verified in court that the litigation participants complied with the legal requirements and was allowed to participate in the trial of this case.
2. Court investigation
1. Announce court investigation.
The host announced: The court investigation will now begin.
Can explain the order of court investigation: Court investigation is generally carried out in the order of the parties’ statements, summary, evidence presented by the parties in court, cross-examination in court, and court certification.
2. Statement of the parties.
The host announced: The first statement of the parties.
The host announces: The plaintiff reads out the complaint or briefly states the claims, facts and reasons. That is to instruct the plaintiff to make a statement.
The host announces: The defendant reads out the statement of defense or briefly states the litigation claims, facts and reasons. That is to instruct the defendant to make a statement.
The host announces: The third party reads out the statement of defense (complaint) or briefly states the claim (claim) and the facts and reasons on which it is based. That is to instruct the third party to make a statement.
If the content of a party’s statement exceeds the scope of the complaint, the court may prompt the party to make a supplementary statement. If a party fails to submit a complaint or submits a complaint after the deadline, the court shall provide an explanation.
In practice, this court believes that the "Reading of Complaints" section can be omitted to meet the actual needs of organizing the parties to read out the Complaints.
On the basis of the parties reading out the complaint, the court may organize supplementary speeches according to the needs of the case trial. The host announced: Now, both parties will make supplementary statements. That is, the plaintiff, defendant, and third party are instructed to make supplementary statements in sequence.
The court should guide the parties to supplement the statements made by the other party with corresponding facts and reasons. Statements should avoid duplication.
Based on the statements of the parties, the court can ask the parties targeted questions according to the needs of the case trial to ascertain the facts of the case and clarify the undisputed facts and the focus of the litigation. The host announced: The court will now ask the parties questions about the facts of the case.
In response to the court’s questions, the parties shall answer the statements truthfully; at the same time, the court shall seek cross-examination opinions from the other party regarding the parties’ answers and statements.
In practice, if the parties’ statements have been organized before trial, and the court deems that it is not actually necessary to organize the parties’ statements, it can directly summarize the case after making necessary explanations.
3. Summary.
The host announced: Based on the statements of the parties and combined with other litigation materials in this case, the court summarized the following aspects:
(1) The cause of this case is:.. .....
Before upholding the original judgment, the presiding judge may based on the application of the parties.
Facts that are unanimously stated or recognized by the parties, except for identity relationships, or involve the rights and interests of the state or a third party, or conflict with other evidence, can be directly determined after the collegial panel issues an opinion and confirms
p>And it was announced in court that the above-mentioned facts, consistent or recognized by the parties, are sufficient to establish. It also announced in court: The above facts are determined by this court, and there is no need for the parties to provide evidence or cross-examination.
In practice, if the parties have no or basically no dispute over the facts of the case, and the facts of the case can be directly determined based on the statements of the parties, the case can be declared after the conclusion of the court investigation after review and confirmation by the collegial panel.
(3) What is the focus of controversy in this case?
(1) What is the focus of controversy in this case? .......
Before confirmation, the presiding judge shall solicit the opinions of the parties and, if the parties confirm that they have no objections, may confirm.
(4) The scope of further investigation by the court is as follows: .......
The court determines the scope of investigation without soliciting the opinions of the parties. The scope of the court's investigation is not limited to the content of the parties' litigation disputes, but if the two are inconsistent, the court shall explain it.
The scope of the court’s investigation is mainly the facts of the case. Issues related to the application of law are within the scope of court debate, but if there is a dispute over whether there is a legal basis and the specific content of legal provisions, and the court deems it necessary to investigate, it may also be within the scope of court investigation.
After the scope of the court’s investigation was determined, the court also announced that parties presenting evidence and cross-examination to the court should focus on the scope of the court’s investigation.
3. Court Debate
1. Announce the start of the court debate.
The host announced: The court debate will now proceed.
The moderator can determine the scope of the court debate: the parties should debate the specific application of the law around their respective litigation requests or claims.
The evidence and factual determination disputed by the parties are part of court investigation and should generally not be included in the scope of court debate.
The moderator can emphasize the rules of court debate: in court debate, debate speeches should be approved by the court; pay attention to civilized language and do not use sarcastic or insulting language; the speaking speed should be moderate, and it should be used to record the court situation. It is appropriate; the content of the speech should avoid repetition. During the court debate, if anyone violates the speech regulations, the court shall stop him.
The host explains the stages of court debate: court debate is divided into confrontation and mutual defense.
2. Mutual debate.
The moderator announced that the two sides would conduct a peer-to-peer debate first. Immediately, the plaintiff, defendant, and third party were instructed to debate and speak in turn.
Generally, debate speeches must not repeat the content of the complaint.
After one round of debate ends, the court can decide whether to enter the next round of debate; if it enters the next round of debate, it should emphasize that the content of the speech should not be repeated. The court may, if necessary, limit the speaking time of the parties in each round of argument.
3. Mutual debate.
The host announced: Mutual debate will now begin.
The moderator informed: Parties who request to speak during the debate can raise their hands to the court. May speak with the consent of the court.
In mutual debates, if the parties make arbitrary and disorderly debate remarks without permission or repeat the contents of the debate remarks, the court shall stop them.
4. Return to the court investigation stage.
If it is discovered during the debate that the facts of the case need to be investigated, or that the evidence needs to be reviewed, it should be announced that the court debate will be suspended and the court investigation will be resumed.
After the court investigation is completed, it should be announced that the court debate will be resumed. Court activities resumed at the level at which they were suspended.
5. Announce the end of the court debate.
After confirming that all parties have completed their statements and arguments, the presiding judge may declare that the court debate is over.
4. Both parties make final statements.
The host announced: Now, both parties will make their final statements. The plaintiff, defendant, and third party were then instructed to make their final statements in turn.
Members of the collegial panel should listen carefully and patiently to the statements of the parties, and generally it is not appropriate to interrupt the statements of the parties. However, if the content of the speech is too bloated, the court should provide guidance; if the content of the party's speech is simply repeated many times, or if the content of the speech is not directly related to the case, the court shall stop it in an appropriate manner.
5. Court Mediation