WHAT DO LAWYERS DO AT THE FIRST-INSTANCE CIVIL COURT SESSIONS

When a civil dispute arises, the most common method of resolution is to bring the dispute to court. And as a rule, when the case is accepted, the parties will go through first-instance civil court. The article below will outline the basic proceedings in a trial and what rights and obligations a lawyer have in this hearing. 

Procedure in first-instance civil court

Initiation and acceptance of the case

When a dispute arises, an organization or individual can initiate a lawsuit by himself or through a legal representative. Organizations and individuals need to send lawsuit petitions with the prescribed content and form to competent courts. Beside the petition, organizations and individuals also need to attach relevant documents and evidence.

After the Court receives the petition, documents and evidence, the Court will review and determine its jurisdiction to resolve. If the case falls under the jurisdiction of the Court, the Judge will notify the plaintiff, the defendant, the organization or individual involved in the resolution of the case.

Mediation procedures and trial preparation

During the time limit for first-instance trial preparation of the case, the Court shall conduct mediation so that the involved parties can reach agreement on the resolution of the case. In case the civil case cannot be mediated or mediation cannot be conducted, the judge shall conduct a meeting to check the handover, access and disclosure of evidence without mediation. If the Judge decides to bring the case to trial, the decision must be sent to the involved parties and the Procuracy of the same level within 03 working days from the date of issuance of the decision.

First-instance civil court

First instance trial will begin with the opening process. After that, other tasks will be carried out such as: 

– Handling requests for replacement of procedure conductors, expert-witnesses and/or interpreters;

– Considering and deciding on the postponement of Court sessions upon someone’s absence;

– Inquiring the involved parties about change, supplementation or withdrawal of their claims;

– Considering the change, supplementation or withdrawal of claims;

– Changing the procedural status;

– Recognizing the agreements of involved parties.

After the above procedures, the parties will conduct disputes at the first instance trial. After the parties present their opinions, the Trial Panel will publish documents and evidence of the case. Listening to audio tapes and discs, watching videotapes, video discs or other equipment containing sounds and images shall be made at the request of involved parties and defense counsels of legitimate rights and interests of other involved parties and participants in legal proceedings.

When realizing that details of the case have been fully considered, the presiding judge of the court hearing shall ask the Procurator, involved parties, defense counsels of legitimate rights and interests of the involved parties and other procedure participants to see them. ask to ask any questions; in case someone makes a request and deems that such request grounded, the presiding judge of the court hearing shall decide to continue the inquiry.

Through arguments, if deeming that details of the case have not been considered, the consideration is incomplete or more evidence is needed, the trial panel shall decide to resume the questioning and argument.

After finishing the argument, the Trial Panel enters the deliberation room to deliberate. Through deliberation, if deeming that details of the case have not been considered, the questioning is incomplete or further evidence is required, the trial panel shall decide to resume the questioning and argument.

The Court makes the verdict and the Trial Panel reads the judgment. Within 03 working days from the end of the court session, the litigants, agencies, organizations or individuals initiating a lawsuit shall be issued with excerpts of the judgment by the Court.

Within 10 days from the date of pronouncement of the judgment, the Court must deliver or send the judgment to the litigants, the initiating agency, organization or individual and the Procuracy of the same level.

Rights and obligations of lawyers in first-instance civil court sessions

Lawyers are defense counsels of legitimate rights and interests of involved parties in a first-instance civil court hearing. During the hearing, lawyers have certain rights and also certain obligations.

Firstly, participate in the proceedings from the time of filing the lawsuit or at any stage in the civil proceedings.

Because the lawyer is the one who protects the rights and interests of the involved parties, so this is a right as well as a basic duty of each lawyer. Lawyers need to stand side by side with their clients in every hearing so they can stand up for them. In addition, participating in the proceedings in stages will make the lawyer understand the case, protecting the best interests of the client as best as possible.

Secondly, collect and provide documents and evidence; study case files and record, copy necessary and legal documents to protect the legitimate rights and interests of the involved parties.

Because the lawyer is the person who learns and studies the law as well as the facts of the case, the lawyer will know what evidence is needed to serve the case. It is also because the job of finding out the case belongs to a lawyer, so the lawyer also needs to know what information he should keep. From there can best protect the litigant.

Thirdly, participate in mediation, sessions, court sessions.

If they do not participate, they may send documents protecting the legitimate rights and interests of the involved parties to the Court for consideration.

Fourthly, on behalf of the involved parties request the change of procedure-conducting persons and other procedure participants.

Fifthly, help involved parties in legal terms in the protection of their legitimate rights and interests.

This is probably the most basic and important duty of a lawyer. Attorneys need to rely on knowledge of the law and the case to give the most convincing arguments before the trial. In addition, making convincing arguments will also prove the capacity of that lawyer.

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