How to Conduct the Court Hearing

2012-11-23 12:44:18 BJT

How to Conduct the Court Hearing

 

The Court hearing, i.e. the trial, refers to the judicial activities that in the proceedings both parties debate face-to face in court with the attendance of judges. A few guidelines for trial are introduced as follows:

 

Firstly, parties shall appear timely in court according to the time and location as stated in legal subpoena served thereupon. In the event that parties fail to appear in court for some reason, they shall justify themselves to the court in advance. If you are plaintiff and refuse to appear in court without justified reasons, the court may consider the plaintiff has applied to withdraw his complaint; if you are defendant and refuse to appear in court without justified reasons, the court may make a default judgment.

 

The process of the court hearing is introduced as follows:

 

The court clerk will check your identity after you are seated. Therefore, it is advised to bring your ID card or other valid credentials and a copy thereof for filing of court. When both parties are present and the court clerk has checked the identity of each party, the court clerk will announce the court rules and the court hearing will begin.

 

The Judge will firstly announce the cause of action and the names of judges and court clerk, and ask the parties whether they wish to file any requests for disqualification. Disqualification refers to circumstances that judges and parties concerned shall be disqualified if they an interested party or have any other relationship to a case, which may affect the impartial trial of the case. Under any of the following circumstances, a judge shall voluntarily disqualify himself or herself: The judge is a party to a case or is a close relative of a party to a case or a litigation representative thereof; The judgment has a direct or indirect impact upon interests of the Judge; The judge has any other relationship with a party to a case, which may affect the impartial trial of the case. You may file a request for disqualification if you are of the view that a judge commits any conduct under the preceding circumstances, which may affect the impartial trial of the case and exert an adverse impact upon you, but it is subject to decision of the court whether the request will be granted.

 

Next follows the court investigation, court debate and court mediation. In these three phases, you may exercise your litigation rights. But one thing to bear in mind is that you shall restrict your statement and opinions to facts of case and focus of debate by both parties. If your statement is irrelevant to the case, the Judge will stop you. If you feel you have not presented yourself sufficiently in a court hearing, you may submit your opinions in writing for the reference of court during adjournment.

 

When the abovementioned phases are finished, the court hearing then comes to an end. If both parties have reached a mediation agreement, the Judge will prepare timely a consent judgment to affirm the content of the mediation agreement. Once a consent judgment is signed by both sides, it shall become legally binding. Where no mediation agreement is reached, the court shall enter, prepare and pronounce a judgment in a timely manner. Some judgments will be pronounced in court while some pronounced later on a fixed date.

 







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