Application for familiarization with the minutes of the meeting. Protocol of the court session: production procedure and significance

Petition

About familiarizing yourself with the protocol court session

The Plaintiff filed an application for recovery from the Defendant Money and penalties for late delivery of work under a contract. On July 25, 2015, a court hearing on the case took place.

According to para. 1 hour 7 tbsp. 155 Arbitration procedural code Russian Federation persons participating in the case have the right to familiarize themselves with the audio recording of the court session, protocols of the court session and protocols on the performance of individual procedural actions and submit comments regarding the completeness and correctness of their preparation within three days after signing the relevant protocol. Comments may be accompanied by material media audio and (or) video recording of the court session conducted by a person participating in the case.

In accordance with Part 1 of Article 155 of the Arbitration Procedure Code of the Russian Federation during each court hearing arbitration court of the first instance, recording is carried out using audio recording means and a protocol is drawn up in writing.

In accordance with Part 5 of Article 155 of the Arbitration Procedure Code of the Russian Federation, the protocol is signed by the presiding officer at the court session, the secretary of the court session or the assistant judge who compiled the protocol of the court session, no later than next day after the end of the court hearing.

In accordance with Part 7 of Art. 155 of the Arbitration Procedure Code of the Russian Federation, persons participating in the case have the right to familiarize themselves with the protocols of the court session and submit comments regarding the completeness and correctness of their preparation within three days after signing the relevant protocol.

Based on the above and in accordance with Article 155 of the Arbitration Procedure Code of the Russian Federation

I ASK THE COURT:

1. Provide for review of the use of funds copying equipment minutes of the court hearing held on July 25, 2015.
2. If the minutes of the court session cannot be prepared within three days from the date of the end of the court session, then I ask you to notify me of the date of its readiness for review.

Note! Any court hearing in a civil or criminal case is accompanied by the keeping of a protocol in which all procedural actions, explanations of the participants in the process, others necessary information. But in in full these minutes are prepared within three days from the end of the relevant meeting. Interested persons have the right to submit a petition to the judge to familiarize himself with the protocol. In civil proceedings, such a petition can be filed at any time, but the period for filing comments on the protocol is limited to five days from the date of its signing. In criminal proceedings, a request to familiarize yourself with the protocol should be submitted within three days from the end of the court hearing, although if this period is missed for valid reasons interested people may ask for its reinstatement.

If the side civil process or a participant in a criminal proceeding discovers errors or inaccuracies in the protocol after reading it, then they can submit comments to this document. The judge considers these comments individually, making changes and clarifications to the protocol if necessary. If consideration of comments without the participation of the parties is impossible (for example, any clarification is required), then the participants in the process may also be summoned to resolve the issue of amending the protocol. The deadline for submitting comments on the protocol is counted from the moment of familiarization with it, if any good reasons and requests from interested parties given period can also be restored.

Reviews

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My father was accused of fraud and taken into custody. But he suffers from a serious heart disease, with which it is contraindicated to be in the cell. But when I tried to address this question to the judge, they didn’t even listen to me.

The protocol must be prepared and signed by the presiding officer and the secretary of the court session within 3 days from the date of the end of the court session. The protocol during a court session can be prepared in parts, which, like the protocol as a whole, are signed by the presiding officer and the secretary. At the request of the parties, they may be given the opportunity to familiarize themselves with parts of the protocol as they are prepared.

Before signing the protocol, the presiding officer checks the accuracy of the records made by the secretary and can make corrections to the protocol - change or supplement the records. All corrections in the protocol must be agreed upon and certified by the signatures of the chairman and secretary.

The record of the court hearing helps the court in deliberation room when making and motivating decisions. It serves as the only source of information about the progress judicial trial, indicates compliance in court with the established procedural rules for considering cases. Thanks to the protocol of the court session, it is possible to verify the legality and validity of the trial. Therefore, the absence of a court hearing protocol in the case entails (clause 11 of Article 381 of the Code of Criminal Procedure of the Russian Federation). The same procedural consequence should occur in case of irreparable significant incompleteness or incorrectness of the protocol.

Familiarization with the protocol of the court session and comments on the protocol. If there is a written request from a party to familiarize itself with the minutes of the court session, submitted within three days after the end of the court session, the presiding officer must provide her with such an opportunity. The time for familiarization with the minutes of the court session is set by the presiding officer, but it cannot be less than five days. IN exceptional cases the presiding officer, at the request of a participant in the trial, may extend the time for familiarization with the protocol. If a participant in the trial clearly delays the time of familiarization with the protocol, then the presiding judge has the right to establish by his decision certain period to familiarize yourself with the protocol (part 7 of article 259 of the Code of Criminal Procedure of the Russian Federation). The presiding officer may provide the opportunity for other participants in the trial to familiarize themselves with the protocol at their request insofar as it relates to their testimony. At the written request of a participant in the trial and at his expense, he is provided with a copy of the protocol.

A copy of the protocol is made at the written request of the participant in the trial and at his expense.

Within three days from the date of familiarization with the protocol of the court session, i.e. no later than eight days from the date of registration of the protocol, the parties may submit comments on it. Comments on the minutes are considered by the presiding officer immediately. IN necessary cases the presiding officer has the right to call the persons who submitted comments to clarify their content.

Comments on the protocol are considered immediately. If necessary, the presiding officer has the right to call the persons who submitted comments to clarify their content.

Based on the results of consideration of the comments, the presiding officer makes a decision to certify their correctness or to reject them. Comments on the protocol and the ruling of the presiding officer are attached to the minutes of the court session.

How to get the minutes of a court hearing: Video

A participant in a civil case has the right to familiarize himself with the protocol of the court session with the right to submit comments (Articles 35 and 231 of the Code of Civil Procedure of the Russian Federation)

According to Part 1 of Art. 231 of the Code of Civil Procedure of the Russian Federation Comments on the protocol are considered by the judge who signed it - the presiding judge at the court session, who, if he agrees with the comments, certifies their correctness, and if he disagrees with them, issues a reasoned ruling on their complete or partial rejection. The comments are included in the case in any case.
If the Protocol is falsified, it will be very difficult to get acquainted with it. The protocol of the court session must be drawn up and signed by the court within three days after the court session (Part 3 of Article 230 of the Code of Civil Procedure of the Russian Federation). After which you have the opportunity to familiarize yourself with it and submit comments within five days.(Part 2 of Article 231 of the Code of Civil Procedure of the Russian Federation).

3 5
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But this is ideal. But in reality, the period for drawing up the protocol may be delayed, and when, finally, the participant in the case takes the protocol in hand and draws up Comments, they will not be accepted, because the signing date will be set 4-5 days earlier than the actual one, so the participant in the case will have to meet the deadline for submitting Comments can not. He "flies" - becomes a "proletarian" in the new sense of the word.

"COBBLE" - WEAPON OF THE PROLETARIAT
If on the third day after the hearing it was not possible to obtain the minutes of the court hearing for review, then very strong suspicions arise about the court’s interest in missing the deadline for filing Comments.
In this case, you need to throw the office"cobblestones" - celebrate every trip to court written request to the judge:

Federal Judge
Statement No. 1
In your proceedings there is case No. - a claim for recovery ... from ... against the applicant, as a defendant.
DATE the court hearing took place, but today DATE - three days after the hearing - in response to my request to provide the minutes of the court hearing for review, Secretary Z replied that it had not been completed. In view of possible violation deadline for processing the protocol and pass procedural period to submit Comments, please notify me that the protocol is ready for review by mail.

Certainly, can be diversified final part even to the point of apologizing.
After a couple of days, “cobblestone” No. 2 is thrown, then No. 3, and so on.

A scene from my experience.
One day I'm walking along the corridor of Kalininsky district court Tyumen. A litigator I know is standing at the door of the reception room of two judges. I was happy:
- Vasilich, stand in the doorway for a minute so they can see you!
- Okay...What happened?
- Now you'll see. Hello! I came to find out if I can get the transcript of the court hearing? Do you really want to see what's there?
- Today it’s unlikely. Come back tomorrow.
- Well. The protocol is not ready... (Addresses me) What are we going to do? But I invited a person to discuss the protocol. Oh, what a failure. And he came by taxi on purpose (I nod.. But what? By taxi and nothing else).
Then he asks you to sign on the sheet below. It's me I’ll draw the act on a piece of paper now. Meanwhile, a quick step to the reception room of the chairman of the district court... I hear screams: What’s going on with you? The deadline for submitting comments on the protocol is expiring, but the protocol has not yet been drawn up. Another adventure! Is it really impossible to work honestly in the public service? After all, I pay my taxes honestly? I don't need parasites or idiots in court. If you can’t apply on time, you can find an easier job. I saw an advertisement “Workers needed to carry sleepers!”
After such a scene, a protocol appeared very quickly

REQUEST FOR RESTORATION OF DEADLINE
There will come a time when the participant in the case will still be given the opportunity to familiarize himself with the Protocol of the court session and bring (if he considers it necessary) Comments on it.
In the pleading part of the Comments, it is necessary to declare the Petition to restore the procedural period for making such comments, explaining the validity of the omission deadline to bring them, attach copies of the “cobblestones” with office marks.
In the absence of such a request to restore the time limit, the judge, without considering the objections, returns them to the applicant without leaving them in the case.

You can submit the Petition on a separate paper, but it is extremely important to submit it in “one package” with the Comments. For this you will need Covering letter, which explains that 1) Comments on the Protocol of the court session are being sent on so many sheets and 2) A petition to restore the missed deadline on so many sheets with copies of statements attached.

CONSIDERATION OF COMMENTS
Comments on the protocol must be considered within five days from the date of their submission(Part 2 of Article 232 of the Code of Civil Procedure of the Russian Federation).
The judge, having examined the comments on the protocol, will either confirm them or reject them if he disagrees with them. IN the latter case there is an obligation to motivate your decision to reject the Comments in full or in part.
The comments are attached to the case in any case(Part 1 of Article 232 of the Code of Civil Procedure of the Russian Federation). And since they are included, then “in the grand scheme of things” it doesn’t matter to us what the judge thinks about our Remarks - Remarks in the case!

EXAMPLE
To the court... Federal judge... Participant in the case...

NOTE ON THE RECORD OF THE COURT SESSION
Having read the protocol of the court hearing dated August 1, 2016, received on August 5, 2016, and comparing it with the recording on the voice recorder, I am forced to make several comments

1) General note
The court's rulings on our numerous petitions and the application for recusal were not included in the protocol. The record does not reflect how the presiding officer interrupted another participant in the case and simply “shut his mouth” during repeated attempts to read the pleadings prepared in advance with such difficulty
- Comments on the results of the examination of written evidence
- Additional Objections to claim, partially combined with Objections to the actions of the presiding officer

2) Inclusion of fictitious events in the protocol
The minutes of the court session reflect a far-fetched action when resolving the issue of hearing the case in the absence of the plaintiff’s representative - recorded (literally)
The issue of considering the case in the absence of the plaintiff’s representative LLC “UK” is being resolved Housing standard", notified properly about the date and place of the court hearing, requesting that the case be considered without his participation.
Defendant No. 1: - I don’t mind
Defendant No. 2: - I don’t mind
The court, conferring on the spot, determined: guided by Article 167 of the Code of Civil Procedure of the Russian Federation, consider the case in the absence of the plaintiff... (page No. 178 of the case)
But in fact, this episode did not occur at the trial. The defendants were ready to declare their categorical disagreement regarding the consideration of the case in the absence of a representative, because we had many questions for him. The defendants were ready to declare the need to postpone the trial of the case in accordance with Part 2 of Art. 167 of the Code of Civil Procedure of the Russian Federation, but the court did not find out their opinion.
As evidence, I am attaching audio file No. 1, which records that the defendants did not utter the words “I DO NOT OBJECT”

3) Artificially depriving defendants of the opportunity to learn anything regarding the requested evidence
At our request, the court demanded from the plaintiff documents, voting ballots (decisions) for general meeting owners of premises dated September 28, 2013. Since the plaintiff’s representative did not appear for some unknown reason, and instead of adjourning the case, unexpectedly for the defendants, the court continued the hearing, the defendants found themselves in a strange situation
- there is not a single piece of evidence in the case that meets the admissibility requirements
- and there is no representative in the process, no one to object, no one to ask a question.
Participant No. 1 was forced to find out, turning to the empty place where the plaintiff’s representative should sit, and specifically for reflection in the minutes of the court hearing
- representative of the plaintiff - you provided evidence that was requested in the defense to the claim filed by us on preliminary meeting July 18?
Naturally, no one answered the question, while the court did not react in any way to the plaintiff’s refusal to comply with the court’s request.

4) Artificial deprivation of defendants to give comments on the disclosed documents and submit additions to the court
In the protocol, when describing the actions after the court announced the case materials on case sheet 180, it is incorrectly stated:
“The presiding officer asks whether there are any comments on the materials read out. No comments were received from the parties. The court moves on to the additions” (page No. 180 of the case).
In fact, immediately after the announcement of the case materials, the presiding officer announced a different text:
“The written evidence has been read out. The court proceeds to the debate"
As proof, I attach audio file No. 2.

On the basis of the above
ASK
Certify the correctness of the Comments and attach them to the case materials
Application,
- audio file No. 1
- audio file No. 2