1. Remember the court time, don't be late, and try to arrive at the court fifteen minutes earlier. The court summons served on the parties clearly records the "specific time (including date, month, day, a few minutes in the morning and afternoon) and the place of the court session", so we must not misremember or be late for the court session. According to the law, if the plaintiff fails to appear in court without reason, it shall be handled as withdrawal; The defendant did not appear in court and was sentenced by default. If you can't appear in court for justified reasons, you need to apply to the judge for an extension in advance before the court session.
2. Original evidence, original objects and original carriers (audio and video materials) must be brought in court. "Original evidence" must be presented at the stage of giving evidence and cross-examination in court. If there is no original evidence, you may have to bear the legal consequences of not being able to prove it.
3. When the parties or agents ad litem appear in court, they must bring the original ID card. A non-lawyer agent ad litem shall carry a power of attorney and a copy of his ID card.
4. Observers must bring the original ID card.
5. The court must abide by the rules of the court. Never answer the phone or make a phone call during the court session, and pay attention to court discipline. At the same time, during the trial, do not use any equipment to record and video the trial. The court will record and video the whole trial. If necessary, you can apply for viewing in the future, but don't record or video without permission.
Second, the basic procedure of the trial
In the process of hearing a civil case, it will go through the steps of verifying the identity of the parties, court investigation (statement, proof and cross-examination), court debate, final statement, mediation, and announcement of adjournment.
1. The presiding judge announced the trial.
The presiding judge briefly introduces the basic situation of judges and clerks. The collegial panel is composed of one presiding judge, one judge and one juror in cases where ordinary procedures are applicable. If summary procedure is applied, the trial will be presided over by only one judge. At the same time, the presiding judge will also read out the rights and obligations of the parties and ask whether the parties apply for withdrawal. If the parties consider that the presiding judge has an interest with the other party, they may apply to the court for the withdrawal of the judge.
2. Court investigation stage
Plaintiff-filing a lawsuit and stating facts and reasons can usually be stated in accordance with the complaint, or the lawsuit can be supplemented at this stage. If the statement is completely consistent with the complaint, it is not necessary to read it completely according to the complaint, but simply explain that it is consistent with the complaint. For the amount of compensation in the appeal, the plaintiff must calculate clearly before the court session, and must calculate the specific amount, and also explain the basis for calculation.
Defendant-Respond to the plaintiff's claim. State only the main points, not the long ones. If you are afraid that you cannot express your defense views in detail, you can submit a written defense opinion to the court after the court session.
Focus of controversy-The court will summarize the focus of controversy according to the statement of the original defendant. The original defendant gave evidence and cross-examination around the focus of the dispute. At this stage, the court will ask the parties some questions, as long as they are truthfully expounded around the questions.
3. Court debate stage
At this stage, around the focus of the dispute summarized by the court, combined with the evidence and cross-examination opinions of both parties in the previous stage, they respectively expressed their opinions on the debate. Depending on the complexity of the case, the court will set up one or more rounds of debate. When the other party makes a defense, it can record the main points and refute them in the next round of debate. When debating, you should mainly explain your views to the judge, don't excite the other side, don't interrupt the other side's speech at will, and be careful not to repeat your own views and what you have said. Be bold and confident when expressing opinions, and pay attention to the speed and clarity of speech, which is convenient for the clerk to record.
4. Final demonstration stage
In the final statement stage, the parties summarize their opinions in one or two sentences in the most concise language, and there is no need to repeat their opinions.
5. adjourn the meeting
Before announcing the adjournment, the judge will ask the parties whether they agree to mediation, and if one party does not agree to mediation, directly announce the adjournment; If everyone agrees to mediation, the court will preside over mediation.