Civil procedural law. Protocol of the court hearing (the most important)

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Civil procedural law. Protocol of the court hearing (the most important)

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39. MINUTES OF THE COURT SESSION

Protocol - the main procedural document drawn up during each court session, as well as when each separate procedural action is performed outside the court session.

The minutes of a court session or an individual procedural action performed outside a court session must reflect all essential information about the proceedings of the case or the performance of a separate procedural action.

The minutes of the court session indicate:

1) date and place of the court hearing;

2) the time of the beginning and end of the court session;

3) the name of the court hearing the case, the composition of the court and the secretary of the court session;

4) title of the case;

5) information about the appearance of the persons participating in the case, their representatives, witnesses, experts, specialists, translators;

6) information about the clarification to the persons participating in the case, their representatives, witnesses, experts, specialists, translators of their procedural rights and obligations;

7) orders of the presiding judge and rulings issued by the court in the courtroom;

8) statements, petitions and explanations of the persons participating in the case, their representatives;

9) testimonies of witnesses, explanations by experts of their conclusions, consultations and explanations of specialists;

10) information about the disclosure of written evidence, data from the examination of physical evidence, listening to audio recordings, viewing video recordings;

11) the contents of the conclusions of the prosecutor and representatives of state bodies and local government bodies;

12) content of judicial debates;

13) information about the announcement and clarification of the content of the court decision and court rulings, clarification of the procedure and term for their appeal;

14) information on explaining to the persons participating in the case their rights to familiarize themselves with the protocol and submit comments on it;

15) date of drawing up the protocol.

The protocol is drawn up in writing. To ensure the completeness of the minutes, the court may use shorthand, audio recording and other technical means.

The protocol indicates the use by the secretary of the court session of audio recording and other technical means to record the course of the court session. The carrier of the audio recording shall be attached to the minutes of the court session.

The protocol of the court session must be drawn up and signed no later than 3 days after the end of the court session, the protocol of a separate procedural action - no later than the next day after the day it was performed.

The protocol of the court session shall be signed by the presiding judge and the secretary of the court session. All changes, additions, corrections made to the protocol must be specified and certified by the signatures of the presiding judge and the secretary of the court session.

The persons participating in the case, their representatives have the right to familiarize themselves with the protocol and, within 5 days from the date of its signing, submit in writing comments on the protocol indicating the inaccuracies and incompleteness made in it.

The remarks, the correctness of which was certified by the judge, as well as the judge's decision to reject the remarks, together with the remarks themselves on the protocol, shall be attached to the file.

Author: Gatin A.M.

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