What does a judge usually ask at a court session in Ningbo
When sitting in court for the first time, most people are not nervous about the result, but do not know what will be asked and how to answer. Divorce trials have a stable structure. If you know the order and focus in advance, you will not be biased on the spot. According to the real process of hearing in practice, this article explains what judges usually ask and what links the parties are prone to lose points.
Basic sequence of 1. court investigations
divorce cases generally check the identity of the parties, inform the rights and obligations of the litigation, and then the plaintiff states the claims and factual reasons, the defendant's defense, and then enter the cross-examination of evidence, court debate and final statement. The judge's questions focused mainly on the court investigation stage and focused on the focus of the dispute, rather than rambling. The significance of understanding this sequence is that the earlier you know "which link is going on now", the more you can judge whether the facts should be stated or the cross-examination debate should be conducted, so as to avoid advancing the debate to the investigation stage and blurring the key facts instead.
First listen and then answer.
If you don't hear the question clearly, you can ask the judge to repeat it. This is a legitimate right. Answering or answering irrelevant questions is easy to obscure facts that would have been beneficial. In practice, many parties are eager to defend themselves because of nervousness, and as a result, they miss the point that the judge really wants to verify. It is suggested that every time you listen to a question, you should pause for a second to confirm whether you are asking "time, fact or attitude" before answering.
2. Questions About Emotional Status
judges often ask: when to meet, when to register, whether there is separation and starting and ending time, the specific manifestations of contradictions, whether mediation or prosecution has been carried out before, and whether there is still a possibility of reconciliation. Together, these questions point to the core dispute over whether the relationship has indeed broken down. Answers should revolve around verifiable facts, not emotional evaluations. If the prosecution has been rejected, it should be truthfully explained, and the evidence of separation for one year should be prepared to link up the channel for another judgment.
The time point should be accurate
if there is a discrepancy between the starting and ending time of separation and the time of conflict, it will weaken the credibility of the overall statement. It is necessary to write down the time line before the hearing, especially when it comes to "being separated for one year after being sentenced", the date must accurately correspond to the legal requirements. It is recommended to use the "year-month-event" two-column list for cross-reference statements.
3. Questions About Child Support
when it comes to children, they usually ask who they live with, who takes care of them on a daily basis, their schooling, their working hours and income, whether they have the assistance of the elderly, and their specific claims on alimony. For those who have reached the age of eight, the court will also listen to the opinions of their children in accordance with the law. The point of this kind of question is "most beneficial to minor children", emphasizing the stability and continuity of the existing living and learning environment, which is more effective than attacking the shortcomings of the other party.
Answer around stability
the custody judgment values the established stable state of life. The answer should highlight "who takes the child all the time, where the school is and what the daily rhythm is" instead of just listing the other party's faults. If a child over eight years of age clearly wishes to live with a party, it should be stated whether the process of forming the will is natural and whether it has been unduly influenced.
4. questions about property debt.
The judge will ask what common property is available, the time of acquisition and the source of the contribution, who currently owns and uses it, whether there are external claims and debts, and whether the declaration is complete. For more controversial items, they will also ask where the specific vouchers are and whether they can be presented in court. Concealment or omission of property in the case of divorce is more serious, the other party after the discovery can claim to divide again. Some grass-roots courts in Ningbo (such as Yinzhou Court) also implement a property declaration system for divorce proceedings. After filing a case, the parties will be required to fill in the property declaration form and attach vouchers. The truthful declaration will help to quickly lock the scope of disputed property.
Categorize vouchers by project
according to the real estate, vehicles, deposits and debts, they are divided into several piles and catalogued. When asked, they can immediately take out the corresponding materials. The effect is far better than searching on site. In practice, the judge has a higher tolerance for the statement corresponding to the "evidence number-claim" and a lower confidence in the answer to "probably have, go back and find.
Common Mistakes in 5. Answers
the three most common types of mistakes are: replacing factual descriptions with emotional statements, giving positive answers to uncertainties, and exaggerating amounts to appear reasonable. These will be caught in cross-examination or refutation, but damage the overall credibility. In particular, the amount of the problem, would rather say "subject to the certificate", rather than based on the impression of the number.
Final statement don't waste
the final statement is an opportunity to express a position in its entirety and should be concise in summarizing the core claims and rationale, rather than repeating emotions. A well-organized statement often carries more weight than a lengthy debate. You can write three sentences in advance: my core request, key facts and legal basis.
What to prepare before the 6. goes to court
it is recommended to prepare four types: a list of facts stating key points in time; a catalogue of evidence classified and numbered by property, vehicle, deposit, and debt; a detail of the claim, setting out the amount or scheme of each claim; and a pre-thought response to the other party's possible defense. The better prepared, the less likely it is to be deflected on the spot. If conditions permit, going to the court to attend a similar hearing before the hearing can establish a sense of reality better than listening to the explanation.
1. Write the evidence number into the list
the evidence number is directly reported during the statement, which is convenient for the judge to check and will not rummage through piles of materials, thus significantly improving the efficiency of the trial. The catalogue of evidence should be the same as the page number of the brochure submitted in court, so as to avoid "the number is not correct".
2. Auditing once is more useful than listening to the explanation ten times
the rhythm of the divorce trial, the way the judge asks questions, and the evidence that the other party may raid, only the scene feeling is the most intuitive. After listening in, simulate your case according to the real process, and the tension will be significantly reduced.
3. The trial record should be checked on the spot.
The trial record records all your statements. Be sure to check them page by page before signing, especially the time point, amount and attitude statement. If it is found that the record is inconsistent with the statement in court, it shall be required to make up for it and then sign it, so as to avoid the record becoming a basis against itself in the future.
7. case proof
in practice: in the trial, the plaintiff's statement before and after the start and end of the separation was inconsistent. although he claimed that his feelings were broken, the key time point could not correspond. the court doubted the credibility of his statement. combined with insufficient other evidence, he did not judge the separation for the first time.
In practice: the defendant in the proof cross-examination stage that is a complete submission of the property, deposit classification number of the list of evidence, the judge quickly lock the scope of the disputed property, shorten the investigation time, but also for the follow-up mediation laid a clear foundation.
8. Risk Alert
first, the online "online hearing for easy divorce" is mostly a diversion technique. offline hearing in ordinary divorce cases is still the norm. don't be misled and delay the procedure. Second, it is not advisable to take the child into the court, which may cause psychological impact on the child, and may also make the judge have a negative evaluation of the emotional management of the parties. Third, evidence raids have limited effect when the other party is prepared, and key evidence should be submitted within the time limit for proof in accordance with the law. Fourth, the signature of the trial transcript is valid and must be checked on the spot.
9. FAQ
what is the main question of the hearing?
Focus on the court investigation stage: emotional status (acquaintance, registration, separation, reconciliation), child support (with whom to live, income, care), property debt (scope, contribution, possession, claims). The questions revolve around the focus of controversy, with the aim of finding out the facts rather than making things difficult.
Will the child's opinion be asked?
Children who have reached the age of eight will be heard by the court in accordance with the law. However, the "formation process" of the opinion will also be concerned. If it is obviously improperly influenced by one party, the judge will judge it in combination with other facts, not necessarily to whom the child says to follow.
What if you can't answer?
For unclear facts, truthfully say "need to check the vouchers" and do not answer hard based on impressions. Amount, time and other issues should not be reported casually, can request a written correction after the court.
What materials do you need to bring?
Identity card, marriage certificate, catalogue of evidence classified by number and original, children's related materials (birth certificate, proof of study), property certificate (real estate certificate, bank flow, insurance policy, etc.). It is recommended to prepare an additional copy for the court and the other party to consult.
What does the final statement say?
Summarize three things: core request, key facts, legal basis. Avoid repeating emotions or arguments, and use the most concise words to let the judge remember the main line of your claim.
How to prepare before the trial?
Write a list of facts, make a list of evidence, list the details of litigation requests, anticipate the other party's defense and prepare a response; Conditions allow to attend a similar court hearing; Simulate the process before the hearing to reduce on-the-spot tension.
10. operational steps
the first step is to write down the list of facts according to the "time-event" two columns, marking the separation, conflict and prosecution nodes. In the second step, the evidence is numbered by property, vehicle, deposit, and debt classification, catalogued and corresponding to the original. The third step is to list the details of the claim and the basis for the amount. The fourth step is to anticipate the other party's three points of defense and prepare a response. The fifth step is to attend a similar trial before the trial, and check the transcript before signing.
Eleven, lawyers actual combat experience
when I sat in court for the first time, most of the nervousness was not the result, but not knowing what to ask and how to answer. In fact, the divorce trial has a relatively fixed rhythm: first check the identity, inform the right, then by the plaintiff to state the request and reasons, the defendant to reply, then the evidence cross-examination, court debate, the final statement. The judge's questions were mainly focused on the investigation phase, surrounding the focus of the dispute. The more you know which link you are going to, the more you can judge whether you should state the facts or cross-examine the debate at the moment, so as not to put your words into the links that you should not say.
The question usually revolves around three parts: whether the relationship has indeed broken down, who is more advantageous to raise the children, and what are the property debts. The trick to answer is to hear it first, then answer it-ask it again if you don't understand it, and if you're not sure, you can't say it clearly. Don't rush to answer, don't talk too fast. As for feelings, we should closely follow the facts that can prove the breakdown of the relationship. Regarding upbringing, we should highlight the specific situation of living and caring for children. As for property, the figures should be accurate and the sources should be clear, and vague words can easily be caught by the other party.
Pre-trial preparation is more important than on-the-spot play. If you divide the evidence into groups according to the purpose of proof, mark each page, write the key facts into a one-page outline, and follow your own outline when speaking, it will not be easy to be biased by the other party. We should also anticipate each other's several statements and prepare their own responses. What needs to be reminded is that out of control in court and scolding each other in court will almost only damage your own image and affect the judge's judgment on whether you are suitable for raising children and whether you are honest-the more you want to win, the more you have to exercise restraint and set out the facts clearly.