How to invite a witness and witness. Wedding invitation text. How to refuse to be a witness in court

A person who is able to provide key information regarding a case during an investigation or trial is a witness. Witnesses are interviewed and all necessary information is recorded. The procedure for calling them is fixed and is not subject to revision, except in special cases. Let's look at the process of attracting a witness in more detail.

To call a witness to court- an application is required. It is a special application form in which you are required to inform the witness’s place of residence, his personal qualities, and on the basis of what issue you need to call this person. Therefore, before filing a petition, find out everything about your witness. After which the court will send a summons to the address you indicated, requiring this person to appear at the hearing. In this case, the trial itself is usually postponed to another date.

You can deliver the subpoena to the witness in person, which would be more correct, or use the services of the Russian Post. When using mail, a receipt will be taken from the witness indicating receipt of the subpoena. If the address of his residence was incorrect, it is omitted to send the subpoena to the witness’s place of work. If you serve the subpoena in person, this should only be done against signature. However, in order to consider a civil claim, a witness cannot be forced to appear in court (this is not mandatory); he must appear at the hearing voluntarily. However, if criminal proceedings have been initiated, attendance is mandatory. You are also obliged to notify the summoned person about this, as well as about his other rights and obligations within the court. You need to inform the witness that in court, when giving evidence, you must tell only the truth, because giving false testimony is a criminal offense. If necessary, important witnesses are provided with protection in the form of bailiffs and police officers.

The petition must be submitted to the court in two copies. One is given to the clerical department to assign a document number and set the date for receipt of the application. The signature of the person who accepted the application will also be affixed.

If you do not have the opportunity to personally appear in court and bring a petition, you can use postal services. Before doing this, you should make an inventory of all the documents attached along with the petition. All this should be sent by registered mail.

Before the trial, prepare a list of persons for whose summons you wrote petitions. To summon them to the courtroom, you must make a statement in advance. As a rule, the court considers all requests at the beginning of the process.

Sometimes a witness is unable to appear in the courtroom. In this case, you can use visual communication tools such as Skype to interrogate him. In this case, the judges should be notified in advance of the reason for the witness’s absence.

Well, we have compiled an answer to the question - how to call a witness to court. A petition is written and when it is considered, a summons is sent. These issues were discussed in more detail above.

02.01.2019

We present a sample application (petition) to call witnesses, taking into account recent changes in legislation. A request to summon witnesses to court can be made orally or in writing. If such a request to the court is prepared in advance, it is more convenient to write an application to call witnesses according to the provided sample, so that it is guaranteed to be considered and satisfied. However, during a court hearing, situations may arise when the calling of witnesses is suddenly required, in which case the petition can also be submitted orally. Let's look at the issue of calling witnesses in detail.

Who is a witness

A witness can be any person who has personal knowledge of some event or some significant circumstances. A witness can either be a direct eyewitness to an event or learn about it from other sources. The witness must tell the court how he knows about the events he is telling. If a witness does not provide the source of his knowledge, his testimony will not be accepted as evidence.

A witness may know the participants in the court session personally, be a relative of one of them, or not know them at all. This does not in any way affect the ability to be a witness in a civil case. The main criterion in this case is the ability of the witness to convey to the court in an accessible and understandable form the information known to him. in this context, it is possible to interrogate, for example, minor children or persons suffering from a mental disorder who can speak and coherently present information known to them.

Have you been summoned to court as a witness or victim, or perhaps as a party in a civil case?

Part 1. You have been called as a witness in the case.

Regardless of whether you are a witness in a civil or criminal case, most of the rules and recommendations will be general.

The first thing you need to remember. Even if you don’t want to come to court at all, you are busy, etc. etc., - appearing in court is your civic duty and obligation, the violation of which can lead to very serious consequences (for example, in relation to you, the judge may issue a ruling on forced bringing, the essence of which is to ensure your appearance will be assigned to the internal affairs bodies, and you will most likely have to appear in court accompanied by them; you may be held administratively liable for contempt of court, etc.).

If you cannot appear in court for objective reasons (for example, you are in another city on a business trip, you have a small child, you are sick, etc.), you should definitely notify the court about this in advance. As a rule, the summons you receive from the court contains the telephone number of the assistant judge, at which you can provide information about the impossibility of appearing. Please note that in this situation, in 95% of cases you will be called again on another day, and you will still have to testify in court. By the way, keep in mind that the mere fact of living in another city does not relieve you of the obligation to come to court in another city if you are summoned. At the same time, you will be entitled to receive compensation for travel expenses incurred by you, so it is worth keeping the relevant documents.

So, you have fulfilled your civic duty and appeared in court. A subpoena from the court, as a rule, indicates the number of the office in the court, after finding which you can report that you have appeared on the subpoena. If you are embarrassed to do this, at the appointed time, the assistant judge himself will go out into the court corridor and check the names of those persons who appeared in the case. Be sure to be punctual, because if you are late, it will not always be easy to find the room where the case is being heard. At the same time, keep in mind that the court itself is not always punctual, and the process may begin a little later. In the event that several witnesses are called in a case, it is the court that will choose who to question first, and thus, your stay in court may be extended over time. In any case, if it is necessary for you to present a document at work justifying your absence, the court will note in the summons the time of your presence in court. Also keep in mind that the employer does not have the right to refuse to let you go if you are summoned to court under a subpoena.

For your convenience, some ships have a wardrobe that you can use. In courts where it is not available, you will have to testify in outerwear. When you are invited to the courtroom or the judge’s office where the case is being heard, do not rush to sit down somewhere. You will have to give your testimony standing. Therefore, if the case is being heard in the hall, simply go to the podium; if the case is being heard in the judge's office, stop as soon as you enter it.

You must have an identification document with you.

Keep in mind that in court the questions are asked of you; You have no right to ask them. Therefore, starting with questions to the court (for example: why was I called, I already told the investigator everything) is absolutely not worth it. The court itself will find out from you everything it deems necessary.

First of all, they will find out your personal details, place of residence and work, and whether the parties to the case are familiar to you. You will be warned about criminal liability for giving knowingly false testimony, and when testifying in a criminal case, you will even have to sign for the fact that the court warned you about this. The right not to testify belongs to you when the testimony concerns you personally or your close relatives. In this case, at the beginning they will find out whether you are ready to testify in relation to people close to you, and if you agree, they will warn you about liability for giving false testimony. In the middle of the interrogation, you will no longer be able to refuse your testimony. Then you will have to answer the questions that the court and the participants in the trial will ask you (in a criminal trial, the prosecutor will ask questions first, then the lawyers, then the court; in a civil case, the court will ask questions, as well as the parties to the case). No matter how unsympathetic you are to the questions that are asked, you are obliged to answer them.

The witness is not prohibited from using any written notes. But in practice this is not so often welcomed. At the request of the court, you will have to provide it with the records that you use during interrogation. Therefore, in a situation where these records are made on a computer or by the hand of another person, certain difficulties may arise.

If you testify as a witness in a criminal case, you should additionally keep the following in mind. If your testimony differs from the testimony that you gave to the investigator, the court will read out the testimony that you gave earlier and will intend to clarify the question of why you changed your testimony. In some cases, this is accompanied by an additional warning about the possible occurrence of criminal liability for giving false testimony. There is no need to be scared right away. If you have not radically changed your testimony, but only clarified it, or forgot something, this is worth explaining to the court. In any case, you will always be asked the question: do you support the testimony that you gave to the investigator, and you will have to answer this question.

What is common to interrogation in a criminal and civil case is that until the moment of your interrogation you do not hear the testimony of those persons who were interrogated earlier. After your interrogation, you may be released if the parties do not object (by the way, you can ask for this yourself), or you may be asked to remain in the room until other witnesses in the case are interrogated. It is possible that in the future the court may need to re-examine you, and you may be summoned again.

The law establishes certain specifics for the interrogation of minors.

Lawyer O.D. Savich

Witnesses at a wedding are the most important after the newlyweds; they are the main characters in the bride price, as well as in many competitions at the banquet. Some of the organizational tasks fall on their shoulders; they are the ones who think through the entertainment for a bachelorette or bachelor party, and help the bride and groom get ready before the ceremony.

In the banquet hall, along with the toastmaster, they hold the celebration, making sure that everything goes well, that there is no end of food on the tables, and that the guests are cheerful. Therefore, it is especially important to think over the text of the wedding invitation for witnesses.

Most often, the best friend becomes a witness, so she learns about the joyful event almost immediately after the proposal was announced. Sometimes this happens even before parents are notified.

Therefore, the invitation to be a groomsman is often voiced verbally, and after consent is received, they, together with the bride, are plunged into organizational troubles. It is important to remember that the witness not only has responsibilities for the wedding, but also feelings.

Sometimes, with a lot of things to do, the bride forgets that it is necessary to create a physical confirmation of the invitation; this situation can upset a close friend.

Official version

The official version contains the same information as other guests. Most often, this is only a message about the intention to get married, the time and place of the ceremony, where the banquet will be held.

If you plan to use exactly this version of a postcard for a witness, it is important that there are no different texts for certain groups. Everything is strictly impersonal.

“Dear Alexandra!

We invite you to the ceremonial registration of our union, which will take place at the Mikhailovsky registry office. Start date – March 12, time 11 o’clock. The banquet will begin at 15:00 in the Mercury restaurant. Sincerely, Svetlana Maksimova and Andrey Antipov"

The second method is when it is selected individually for the witness, often with a mention of what connects them with the bride.

But due to the style of writing, the text appears official. This option is preferable, because it shows how valuable the friendship between the newlywed and the groom is.

"Alexandra!

You always supported me in difficult situations. Now share with me this happy day - my wedding day. I will be glad to see you as a witness at our celebration.

With sincere gratitude, Svetlana and Andrey"

Comic texts

Comic texts are a good way to invite a witness to a wedding.

Of course, she has long known that there will be a holiday, taking a significant part in its organization. Therefore, it is especially important to encourage her; a personalized invitation will demonstrate how much her help is appreciated.

“Honorable Senorita Alexandra!

We humbly ask you to attend our holiday and make sure that the bride does not run away and the groom does not get away with a little blood on the pre-wedding obstacle course! The ceremony will take place on March 17 at 9.00. The carriage will arrive for you the day before to take you to a farewell party held on the occasion of the young girl’s loss of freedom.

Sincerely yours, Senorita Svetlana and Senor Andrey"

Original text for a wedding invitation for a witness

As strange as it may sound at first glance, the witness finds out about the holiday before the future bride does.

This is due to the fact that the groom often chooses a ring with his best friend, who will then support him on the occasion.

And in the bustle of preparing first the proposal, and then the celebration, it is often forgotten that the groom must be officially invited to the wedding.

Classic style

The text for a witness is different from what is written for a friend. The message contains less appeal to feelings and more specifics.

But, despite the classic style of writing, they still try to make the card more personal if they do not plan to use a standard invitation that is created for all guests.

"Dear Andrey!

We were with Anna for 1283 days, and finally decided to officially register this event. Our wedding will take place on April 8, the outdoor ceremony will take place in the open area of ​​the Artemon cafe. Share this significant day with us, and come to the holiday as a witness!

We are looking forward to seeing you, Anna and Vladimir"

Informal style

Informal style, appeals to feelings and desires. Therefore, the story is told in a more lively manner and has many allegories and comparisons.

Use artistic or colloquial writing. The choice of writing style depends on the emotions you plan to evoke.

Option for writing a romantic invitation:

"My dear friend!

This insidious seductress has finally caught me in her net! When I realized that I couldn’t get out and escape, I surrendered to her captivity. Now I dare to hope for the creation of a joint nest and hatching of chicks.

I will be glad to see you as a witness at the official paw banding procedure, which will take place on November 19 at 13:00.

The gala dinner on this occasion will begin at 19:00 at the Meridian restaurant. Your friends, Roma and Sveta"

A clownish invitation for a witness:

“Pirate Roma, ahtung! Our captain fell in love with the noble Mamzel, and now rushes around in search of treasures and past sailing schooners full of gold coins.

Therefore, we call him an assistant, because the insidious mademoiselle wants to join fate with him only in full dress and on a new ship!

Do him the honor of witnessing this strange but joyful event! To do this, you should wear your best suit. The wedding will take place in the registry office No. 5, on Architects Street, you must arrive by 3 o'clock in the afternoon.

A fun drinking party will take place in the Neptune tavern, on the sea pier. Horses for the road between these two route points are provided by the happy Captain.

Sincerely yours, Cap Seryoga and Mademoiselle Ekaterina"

This video will tell you how to create beautiful text for invitations:

Creating unique cards for newlyweds is an important step in strengthening personal ties. There are a lot of nerve-wracking situations that happen when planning a wedding, so little moments like these will help you get through it. And also that the newlyweds really appreciate the support and help during this difficult period. Invitations will remind you that difficulties will pass, but the joy of the holiday will remain.

The questioning of witnesses is of great importance in civil proceedings, because the court's decision may depend on their testimony. The truthfulness and sincerity of the testimony plays a big role, because in order for the court to make the right decision, it is necessary to hear not only the two sides of the conflict, but also information from third parties.

Who can be a witness in a civil case?

Testimony is an oral report by a witness about the facts known to him, which help to objectively make a decision in a given case. The testimony is recorded by the secretary in the minutes of the meeting.

According to Article 69 of the Code of Civil Procedure of the Russian Federation, any citizen who, for one reason or another, became aware of the circumstances of the case, can act as a witness. He undertakes to inform the court of all information known to him.

The following cannot act as witnesses:

• priests (according to information received at confession);
• court employees, jurors (according to information that became known during meetings on the case);
• defense representatives, mediators (for certain circumstances related to specific cases).

Witnesses may not testify against themselves or close relatives.

You shouldn't call a large number of people. Usually, one witness per specific circumstance that is of significant importance to the case is sufficient. But for reinsurance and better clarification, you can imagine two or three citizens.

It is worth considering that if a witness cannot come to the courtroom for good reasons (serious illness, old age, disability), then he is questioned by law enforcement officials at his place of residence.

Forms of false witness testimony

In accordance with the first part of Article 70 of the Code of Civil Procedure of the Russian Federation, a citizen who is summoned to court for questioning as a witness is obliged to appear and truthfully tell about the facts known to him. Personal presence in the courtroom is necessary so that the judge can look at the witness, evaluate his behavior and the veracity of his testimony. The person is also notified of criminal liability for giving false testimony. One must distinguish between perjury and delusion.

Perjury is the purposeful provision of false information. In this case, the witness can both distort some circumstances and speak generally fictitious facts, but do this consciously. Reasons for such behavior can include profit, revenge, disgust and fear. However, it is worth noting that perjury under the influence of threats is viewed from a different angle than for the sake of self-interest.

If a person reports information and does not realize that it is unreliable, then this is a misconception. It is very important that the witness be a person who is not interested in the court's verdict.

How to draw up a petition to call witnesses in a civil case

In accordance with Article 35 of the Code of Civil Procedure of the Russian Federation, citizens who participate in the process of considering the case can submit petitions. This type of application does not have a strict form or form, but it must contain some data.

The first thing you need to write is the full name of the court and who is filing the petition.

Then, in the body of the application, the civil case number is indicated and the contents are briefly described; information about the plaintiff and defendant is provided.

Next, it is necessary to provide the details of all witnesses whom, in the opinion of the applicant, the court should question. It is also necessary to provide facts or circumstances that this witness can confirm. Add date and signature.

The full name of the witness and residential address must be indicated. In no case should the document be compiled with grammatical errors, inaccuracies, corrections or incorrect wording. This may result in the application being rejected.

Where and when to file a motion to call witnesses

The petition can be submitted to the court before the start of the trial and attached to the claim. You can submit an application to the court office or send it by mail. It is sent as a registered letter with a description of the attachment. In this case, the plaintiff will have confirmation that he went to court. If the applicant submits the application in person, then it is necessary to have a copy with him. This is necessary so that it is stamped, dated and signed by the person who accepted it.

You can also submit a petition directly at the hearing at any time. But before the trial itself, the judge always hears requests from people involved in the case. Be prepared for the fact that a verbal request must be confirmed with a written document. It is worth preparing as many copies of the application as there are persons involved in this case.

The best time to file a motion is when the case is preparing for hearing. This will give more confidence that the court will not reject it, since there will be enough time to find and call a witness for questioning. It is important to note that if the plaintiff makes a request during the trial, the judge will raise the issue for discussion between the parties. In this case, all participants in the process have the right to express their opinion about the possible interest of this witness, or incomplete awareness due to any circumstances; or they may provide other information that will cast doubt on the latter’s testimony.

Procedure for questioning witnesses

First, the witness is informed what time, when and at what address he needs to appear at the hearing. The notification may come in the form of a summons, notification letter, or telephone message. Russian legislation does not provide for the questioning of a witness at a preliminary hearing.

A witness who arrives at the specified time has the right to enter the hall with all participants in the process. The court hearing is declared open, the presence of all persons necessary for the hearing is checked; identities as well as powers are established. Then all witnesses are removed to the waiting corridor and called in one by one for questioning.

In the courtroom, the witness is read out his rights and obligations, and warned of criminal liability for refusing to testify and giving false information. Then the interrogation begins. You need to answer clearly, truthfully, and to the point. After the interrogation is over, the witness remains in the room until the end of the hearing.

Based on the foregoing, we can conclude that interrogating a witness in a civil case can help in making an objective and correct decision, understand the guilt of the defendant, confirm or refute certain facts and circumstances.