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
A lawyer, in their role as a defender of the legitimate rights and interests of the client, plays an extremely important role in civil first-instance trials. Respecting and properly fulfilling the rights and obligations of a lawyer not only helps protect the client but also ensures the transparency and fairness of the litigation process.
Firstly, a lawyer has the right and obligation to participate in the proceedings from the initiation of the lawsuit or at any stage of the civil litigation process.
This is one of the basic rights and also a significant obligation of the lawyer. Participating in the proceedings from the outset or at important stages helps the lawyer comprehensively understand the facts of the case, thereby constructing a strategy to protect the client’s rights and interests in the most accurate and effective manner.
Secondly, a lawyer has the responsibility to collect and provide documents, evidence, examine the case file, and exercise the right to take notes and make copies of necessary documents to protect the legal rights and interests of the client.
With specialized legal knowledge and keen analytical skills, a lawyer not only identifies exactly what constitutes crucial evidence but also knows how to collect and select appropriate materials to strengthen the defense of the client. This process ensures that the client’s legitimate rights and interests are optimally protected and also helps persuade the court of the legitimacy of the claims or arguments presented.
This is also the foundation for the lawyer to demonstrate their role as a bridge between the law and the client’s interests.
Thirdly, a lawyer plays an important role in participating in mediation sessions, meetings, and civil first-instance trials to directly perform the task of defending the legal rights and interests of the client.
In the event of unavoidable circumstances that prevent the lawyer from being present at the working sessions, the lawyer may exercise the right to submit written opinions, clearly presenting arguments to defend the client’s interests for the court’s consideration during the resolution of the case.
By using flexible methods, the lawyer must ensure professional responsibility and maintain the effectiveness of the defense in all emerging situations.
Fourthly, a lawyer has the right to request the replacement of the person conducting the proceedings or any other participant in the litigation when there is clear evidence that these individuals cannot maintain objectivity, which could affect the resolution of the case.
This is an important right that reflects the lawyer’s role in protecting the legal rights and interests of the client, while ensuring fairness and transparency in the litigation process.
The basis for the request for replacement may arise from personal relationships, conflicts of interest, or behaviors/statements that raise doubts about the neutrality of the individuals conducting the proceedings, as a single wrong decision can seriously infringe upon the client’s rights. This also means that, with a high level of responsibility, the lawyer must carefully verify and collect evidence or legal grounds to present a well-founded request in compliance with the regulations.
Exercising this right not only protects the client’s immediate interests but also contributes to maintaining the reputation and impartiality of the judicial system.
Fifthly, protecting the legal rights and interests of the client is the central obligation and an irreplaceable responsibility of a lawyer.
In a civil case, the ability to skillfully apply legal knowledge, present persuasive arguments, and adopt an appropriate defense strategy will determine the final outcome.
A lawyer is not merely a presenter of arguments; they are a companion, proposing a comprehensive legal strategy based on experience and a deep understanding of the law, through exploiting and utilizing beneficial evidence and creatively applying the law to maximize the client’s interests.
Without the support of an experienced lawyer, a client may easily find themselves in an unfavorable situation, lacking stability when facing complex issues during the litigation process.
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>> IN WHICH CASE CAN AN ARBITRAL AWARD ANNULMENT OCCUR? https://linconlaw.vn/in-which-case-can-an-arbitral-award-annulment-occur/
Legal basis:
- Code of Civil Procedure 2015.
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