In each judicial authority of the first instance, protocols are kept on pending cases. This document is also used to record proceedings before a direct hearing. This order is defined in Art. 226 Civil Code. Next, we consider in more detail what constitutes a protocol of a civil court hearing. A sample document will also be described in the article.
General information
According to the Civil Procedure Code, the protocol of the court session is one of the main procedural documents. It reflects all the actions that were carried out during production. The protocol of the court hearing in a civil case is endowed with important evidentiary value. In this regard, the procedure for its preparation, content and form must comply with regulatory requirements. The information that is present in the document is used during the examination by an authorized person to justify the decisions made. Parties to the proceedings also have the opportunity to use the data that contains the minutes of the court hearing in a civil case. Based on the information reflected in the document, they can confirm their arguments, which form the basis of the claims / objections regarding the claim. In case of non-compliance with accepted standards, the dissenting party may write a statement to the minutes of the court session. The document also allows you to confirm the legitimacy of actions whose validity and legality are disputed. The protocol reflects the results of verification of decisions of authorized bodies of the first instance for compliance with the standards. Entries in the document may also apply to those persons who are not participants in the proceedings. Example: the record of the court session sets a fine for violating order in the hall, making a private ruling, and so on. In the absence of a document, the decision taken on the proceedings, of course, is subject to cancellation.
Scope of application
The protocol is conducted not only when considering disputes. This document is also used in the performance of actions that contribute to the collection of evidence, the execution of the order given by the authorized body. The protocol of the arbitration court session may contain information on the restoration of the procedural term, consideration of the issue of reduction or addition of fines. The document also records the activities that take place before the materials are submitted to the authorized body for consideration. So, it is compiled when examining written or material evidence. The minutes of the court session shall be kept when making corrections to the decision, considering applications for deferral or changing the order and method of execution of the decision.
Content
For the proper preparation of the document there is a sample. The record of the hearing should reflect all the information about what happened during the trial. It also contains all the necessary evidence about the evidence that formed the basis for the final decision. The law establishes a certain procedure for compiling a document. Consider a sample. The minutes of the court session must necessarily include:
- Place, date, year and month of the proceedings.
- Start and end of review.
- The name of the body parsing the case, information about the secretary and the composition of the court.
- Name of production.
- Data on the appearance of the parties involved in the examination, witnesses, translators, experts, representatives.
- Information on clarification to persons of their procedural duties and rights.
- Court rulings and presiding orders issued without removal to the meeting room.
- Explanations of the parties to the dispute and representatives, as well as testimonies, data of examination of written or physical evidence, oral explanations based on expert opinions.
- Conclusions of government bodies and opinions of labor collectives and public organizations.
- The content of the debate of the parties and the conclusion of the prosecutor.
- Data on the announcement of the decision and definitions.
- Information on clarifying the essence of the decision, the term and procedure for appealing against it.
Features of the compilation
Regardless of the nature of the proceedings at which data are entered into the minutes of the court session (civil, criminal, administrative), information is recorded on paper. Recording on magnetic and other media in the existing legislation is not provided. Reduction of turns, sentences or words is not allowed. All explanations of witnesses, directly participants in the process, third parties, experts are brought in from the first person. All objections of the parties to the actions of the presiding judge are also recorded in the minutes of the court hearing in a civil case. In addition, the document should contain all the appeals of the participants, as well as all the information that they ask to be reflected on paper. The responsibility for the timeliness, completeness and accuracy of the preparation of the protocol lies with the secretary and the presiding judge. The preparation and signing of the document should be carried out no later than the next day after the completion of the proceedings.
Important points
The Plenum of the RF Armed Forces has repeatedly pointed out that the presiding judge is individually responsible for the technical soundness, accuracy and completeness of the contents of the protocol. He is charged with the duty in each case to entrust the preparation of the document to a person prepared for this work. In addition, the presiding judge must monitor the accuracy and completeness of the information reflected, the availability of all testimonies and explanations of the interrogated persons during the process itself. He is obliged to prevent such technical execution and maintenance of the protocol, in which its further reading, as well as use is not possible or becomes difficult. After checking the document, the presiding officer certifies it with his signature. The determination of the period during which the minutes of a court hearing in a civil case must be prepared and signed is of particular importance for the timely submission of disagreements and appeal of the decision by the participants in the proceedings.
Features of the compilation
The protocol of the court session of all authorized bodies is filled out directly during the process. The participants in the proceedings have the right to petition for the inclusion in the document of circumstances that, in their opinion, are important. The protocol is maintained in the language of the proceedings. All proposed changes, additions and amendments must be negotiated in accordance with Art. 228 Civil Code. The document may be compiled by hand or printed. In judicial practice, the use of video and sound recordings to obtain complete information about the process is allowed. The compiler of the document has certain requirements. In particular, the minutes of any meeting should not contain grammatical errors. Along with this, the style and legal terminology must be sustained. When a question is entered into the minutes of a court hearing in a civil case, the person who asks it is indicated, then its contents and answer. Orders given by the chairman are recorded in the document on his behalf in the 3rd person. Decisions are written on behalf of the court. The content of those that were taken out without removal to the meeting room is formulated and dictated by the presiding officer.
Corrections
When drafting a document, they should be avoided, as well as additional additions, abbreviations, erasures, inserts, strikethroughs and other things. If, nevertheless, the need for corrections arose, each of them should be stipulated in the document. Example: a court record may contain crossed out words. Then the reservation is crossed out ... do not read. There is also a need to correct an incorrectly set number, letter, word, and so on. In this case, they write: “believe in the corrected (word, number, etc.).” There are cases of omissions of text elements. In this case, the disclaimer would be: "inscribed or written ... believe."
Setting deadlines
As mentioned above, the law defines a rather short period of production and signing of the protocol. This requirement also applies to cases of delay in compiling a motivation fragment of a decision. However, particularly complex cases may be considered in practice. These, in particular, include proceedings with several plaintiffs or defendants, or with a large volume of investigated evidence. In such cases, the law gives the court the right to postpone the production of the protocol for three days (calendar). The deadline begins with the day following the announcement of the decision. Nevertheless, in such situations, there are peremptory (binding) instructions. In particular, the court must:
- Set out the operative part of the decision in writing and sign it with the whole composition.
- Announce when the participants in the proceedings may familiarize themselves with the content of the motivated part. Information about this is recorded in the protocol.
- Declare a resolute fragment in the same room where the review was completed, and attach it to the materials.
The final stages of preparation
The minutes of the meeting shall be deemed made after it is signed by the chairman, as well as the secretary. If there is no signature, the document will lose its significance and power - it becomes invalid. This has the same consequences as in the absence of paper: cancellation of the decision. Often the untimely production is due to the duration and thoroughness of the preparation of the document. This is especially true for disputes that present a certain difficulty in the consideration.
Comments on the minutes of the hearing
The participants in the proceedings, as well as representatives, can familiarize themselves with the document and within three days submit their written objections in the presence of inaccuracies or if the information presented is incomplete. As a rule, comments on the minutes of the court session relate to the explanations of the parties and third parties, records of testimonies, content of questions and answers to them. The petitions of persons to make any additions or corrections to the document should reproduce that record, which, in their opinion, does not fully or incorrectly reflect the action that took place during the consideration. Along with this, the correct phrase corresponding to reality is indicated. The statement also asks the court to make the necessary adjustments. Objections may be filed both for the entire document, and for its individual fragments. The presiding judge must explain to the parties the procedure in accordance with which such appeals are accepted. This will ensure the timely submission of the application and its subsequent consideration. This procedure is regulated by the requirements of Art. 155 Civil Code. An explanation is given after the announcement of the decision, an explanation of its contents, the timing and rules of appeal. If there are good reasons, the period for comments can be restored in the manner prescribed by law. For good reasons, various life circumstances may appear that have created an obstacle to the realization of the right during the period established by law. In this case, one should proceed from a certain situation (the applicant’s illness, the need to provide care for an disabled relative, lengthy business trip, etc.).
additional information
The protocol of the arbitration court session is of no small importance in the procedural system. As described above, this document has important evidentiary value. The protocol of the arbitration court session helps to make a reasoned and fair decision, guides the participants in the proceedings. The latter is especially true in the case of consideration of the appeal of the decision. The protocol of the judicial session of the arbitral tribunal shall be drawn up in accordance with the requirements set forth in Art. 123 AK. The content of the document is similar to the above. The protocol is drawn up during certain procedural measures. So, when examining and studying the evidence, data are directly indicated about their location (structure, building, premises, etc.), the name and description of the materials, the explanations of the participants, etc., specified in Art. 123 AK. This list is not considered exhaustive. The protocol also contains information on the actions of persons involved in the case. In particular, this may be data on the evasion of a party from testifying, the inaccuracy of the translation, or the provision of knowingly false information. The document may also contain receipts on familiarization with the date of the hearing. In general, the protocol should contain everything that, in the opinion of the person leading it, is considered important for the proceedings. It should be noted that the more information there is in the document, the easier it is for the chairperson and other parties to the process to navigate. The sequence of entering information is also defined in Art. 123 AK.