Before the court session, the clerk first read out the legal discipline, which is roughly as follows:
Please keep quiet and now declare court discipline:
1. No audio recording, video recording or photography is allowed without the permission of the court; 2. No one is allowed to enter the test area except those who are allowed to enter the test area because of work needs; 3. Do not clap, make noise, make noise or commit other acts that hinder the trial activities. Not to speak or ask questions without the permission of the presiding judge; 4. If the observers have opinions on the trial activities of the court, they can point them out to the court orally or in writing after the adjournment; 5. For those who violate the rules of the court, the judge may verbally warn, admonish, or confiscate audio, video and photographic equipment and order them to quit; 6. Whoever makes noise, impacts the court, insults, slanders or beats the judge seriously disrupts the court order, shall be investigated for criminal responsibility according to law, and shall be fined if the circumstances are minor; 7. Please turn off your cell phone and pager. All stood up and invited the presiding judge and members of the collegial panel to enter the court.
Second, the opening remarks
After reading "Legal Discipline", the judge (i.e. the judge) will make opening remarks, such as:
Judge: The case of divorce dispute between plaintiff Zhao and defendant was heard by our court in public today. Summary procedure is applicable to this case, and the judge Zhang Moumou is the sole judge, and the clerk Lu Moumou takes notes. According to the provisions of the Civil Procedure Law, the parties have the right to apply for the withdrawal of judges and clerks.
Third, ask whether to avoid it.
After the opening remarks, the judge will ask the plaintiff whether to apply for withdrawal. The so-called withdrawal means that if the parties think that the judge and the other party have some special interests that may affect the trial of the case, such as the judge is the father or uncle of the other party, the plaintiff can answer: "Apply." But, on the whole, the answer is: "No." After asking the plaintiff, the judge will ask the defendant whether to apply for withdrawal, and the defendant will generally answer no.
Fourth, ask whether the materials have been received.
Then the judge will ask the plaintiff whether he has received the notice of acceptance and the notice of proof. Are the litigation rights and obligations clear? The plaintiff generally replied: "Yes, definitely." The judge will ask the defendant the same question after asking the plaintiff.
V court investigation stage
(a) the plaintiff's statement
First of all, the judge will ask the plaintiff to state the claim and the facts and reasons on which it is based. The plaintiff generally only needs to read the "claims" and "facts and reasons" in the indictment. It should be noted that if there are new claims to be supplemented during the court session, they can be supplemented after the indictment is read out. For example, he said to the judge: "The plaintiff needs to supplement the claim. As the third point, the defendant paid the plaintiff's lawyer's fee of 6,543,800 yuan. " If the plaintiff wants to change the litigation request, for example, the plaintiff asks for the life of the children and the plaintiff, and later asks for the life of the children and the defendant, he can directly say before reading the indictment: "The plaintiff asks for the change of the litigation request and asks the court to judge the life of the children and the defendant." Then continue to read the "facts and reasons" part of the indictment.
(2) the defendant's defense
When the plaintiff has finished speaking, the judge will say to the defendant, "The defendant will reply next." The defendant's general defense is to disagree with the plaintiff's request and state the reasons. For example, the plaintiff asked for a divorce, but the defendant objected, saying that the relationship between the two sides was very good and they went on their honeymoon a month ago. If the plaintiff asks to live with the children, the defendant claims that the plaintiff has no education, no infectious diseases and no wage income.
(3) the plaintiff's evidence
If the defendant says there is nothing to say, the judge will ask the plaintiff to give evidence for what he just said, that is, to provide evidence.
At this time, the plaintiff should attach the name of the evidence separately and explain that the evidence is intended to prove the facts. After that, he needs to bring the evidence to the judge. (At this time, he has left his seat. For example, the plaintiff has three pieces of evidence, the first is the marriage certificate, the second is the evidence of derailment, and the third is the real estate license. The plaintiff generally said: "The first set of evidence of the plaintiff is the marriage certificate of the plaintiff and the defendant, which proves that the plaintiff and the defendant are legally registered married couples." Then leave the table and give the marriage certificate to the judge.
(4) Cross-examination of the defendant
After reading it, the judge will say to the defendant, "The defendant cross-examined." The so-called "cross-examination" generally starts from three aspects, namely, the legitimacy, authenticity and relevance of evidence.
Legality means that evidence is obtained by legal means, not illegal means. If evidence is obtained by entering the other party's home and installing a pinhole camera to invade privacy, such evidence is illegal and cannot be used in court.
Authenticity means that the evidence is true, not forged. For example, the plaintiff claims that the defendant signed an iou. When the defendant cross-examines, he can say: "There is objection to the authenticity of the evidence. The signature in the debt was not signed by the defendant, but by the plaintiff himself. "
Relevance refers to whether there is a relationship between the evidence provided by the parties and the facts they intend to prove. For example, in a loan dispute, the plaintiff can only show evidence such as IOUs and transfer records to prove relevant facts, but the plaintiff shows the IOUs borrowed by the defendant from Zhang to prove that the defendant also borrowed money from the plaintiff. But logically speaking, just because the defendant borrowed Zhang San's money does not mean that he will definitely borrow the plaintiff.
As a defendant, you can object to the authenticity, legality and relevance of a certain evidence, but generally speaking, if you object to the authenticity, you don't need to object to the legality and relevance, because if the evidence is not true, you don't need to discuss whether it is legal or not.
When the defendant cross-examines the plaintiff's first set of evidence, the judge will ask the plaintiff to show the next set of evidence. The plaintiff's process is the same as above, that is, "the second set of evidence is used as evidence."
When the plaintiff gives evidence and the defendant cross-examines, the judge will ask the defendant to provide evidence, and then the plaintiff will cross-examine. The procedure is the same as above
When the defendant presents the evidence, the judge will ask, "Do the two sides have anything to add to the facts and evidence?"
If neither party has it, the plaintiff will answer no and the defendant will answer no.
(5) The judge asks questions
After that, if the judge thinks that there are still facts to find out, the judge will ask the plaintiff something and then ask the defendant something, and the parties need to ask and answer according to the judge's proposal. If the judge has finished asking, or the judge has not asked at all, the judge will continue, the legal investigation stage will be over, and then the court debate stage will be entered.
Sixth, the court debate stage.
The court debate stage is also a key stage, but at this stage, when the judge asks the plaintiff to debate, the plaintiff's attorney will generally simply say, "Please ask the judge to support the plaintiff's claim." When the judge asked the defendant to argue, the defendant's lawyer generally replied: "Request to dismiss the plaintiff's claim."
If the case is complicated, the plaintiff needs to talk more. For example, if the plaintiff wants to live with the children, the plaintiff can state: "The defendant's salary is low, his education is low, and he has an affair, which is not conducive to the children's common life." Then tell the specific facts of how low the salary is, how low the education is, and how to cheat in order, bit by bit, but if you talk too much, the judge may interrupt and let the parties simply say.
When the plaintiff has finished speaking, the defendant still needs to refute the plaintiff's point of view.
At the end of the parties' debate, the judge will say that the court debate is over and the parties will state their final opinions.
Seven, the final presentation stage
At this time, the plaintiff will generally say, "Please ask the judge to support the plaintiff's claim." The defendant generally said, "Request to dismiss the plaintiff's claim."
When the parties have nothing to say, the judge will say, "The court session is over today. After the parties leave the court, they can read the court records. If there are omissions or mistakes, they can ask for correction and then sign. Retreat. "
Eight, check the records after leaving the court.
When the judge announces his resignation, it means that the trial is over and the parties can stand up. At this time, the clerk will print out the court trial transcript, which needs the signature of the parties, but before signing, the parties need to check whether there are typos. If a lawyer is present, you can ask a lawyer to take a transcript with his mobile phone. A lawyer can bring a mobile phone, but the client doesn't give it. Any disputes in the future can be used as evidence, because many words said in court will not be seen in future judgments. If you still want to go to court, you need to find out what the two sides said during the trial.