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法院书记员庭前的准备工作哪些是必须的?

书记员应当根据审判员、书记员的工作时间安排确定开庭时间。然后,协助法官做好起诉书副本以及开庭传票的送达。后,对庭审参加人员的通知进行确认,保证庭审的正常进行。开庭前一定要核对清楚诉讼参加人身份及委托手续,宣读法庭纪律。

The clerk shall determine the opening time according to the working hours of the judges and clerks. Then, assist the judge to make copies of the indictment and serve the summons. Finally, the notice of the participants in the trial is confirmed to ensure the normal conduct of the trial. Before the opening of the court, it is necessary to check the identity of the participants and the entrusting procedures and read out the court's discipline.

这一阶段要注意:

At this stage, we should pay attention to:

1、外出送达之前要做好准备工作,认真完整填写好要送达的所有法律文书,带好必要的工具,比如印泥、胶带、相机等,避免出现紧急情况措手不及。邮寄送达一定要查回执,确定本人签收,如系他人签收一定要告知审判员,就不能算送达,需要核实。

1. Before going out for service, we should make preparations, fill in all the legal documents to be served carefully and completely, and bring necessary tools, such as mud, tape, camera, etc., to avoid emergencies. Mail service must check back the receipt and confirm the signature. If it is signed by someone else, it must inform the judge. It can not be counted as service and needs to be verified.

2、各种法律文书要认真、完整填写,及时发送,要提前检查有误漏发当事人开庭传票的情况,避免造成庭审的延误甚至不能开庭。

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2. All kinds of legal documents should be filled in carefully and completely, sent in time, and checked in advance for the situation of mistake and omission in issuing summons to the parties in court, so as to avoid delaying or even failing to hold court.

3、对于当事人、律师提交的委托代理手续一定要认真审查,身份证、律师及法律工作者的职业证书要和原件核对,发现问题要及时告知法官。

3. The entrustment and agency procedures submitted by the parties and lawyers must be carefully examined. The professional certificates of identity cards, lawyers and legal workers should be checked with the original, and the judges should be promptly informed when problems are found.

4、对于当事人比较多的案件,要事先了解当事人情况,在庭审记录中分清楚,比如被一、被二、原代、被代等,避免记录工作的被动、张冠李戴,反映在笔录中的问题就是,不知道是哪一个原告或哪一个被告说的话。

4. For more cases involving the parties, it is necessary to know the situation of the parties in advance and make it clear in the court records, such as being first, second, original and substituted, so as to avoid the passivity of the recording work and the problem reflected in the transcripts is that we do not know which plaintiff or which defendant said what.

5、让当事人签署送达地址确认书非常重要,千万不能省去这一环节,特别是开庭判决的案件,一定要在庭审准备前检查有无签过,如果没有一定让当事人签署;好的就是在首次送达时让当事人填写,对于后期的宣判、执行、二审法律文书的送达都很有益处,就不用再担心通知当事人不来,终无法送达的情况。

5. It is very important for the parties to sign the confirmation of service address, and this link must not be omitted. Especially in the case of trial judgment, we must check whether there has been any signature before the trial preparation, if not necessarily for the parties to sign. The best thing is to let the parties fill in the confirmation when the first service is made, which is very helpful for the later judgment, execution and the service of the second instance legal documents. If the party concerned is not notified to come again, it will eventually be unable to serve.

6、对于单位派来领取文书的工作人员,需要在其签名后注明所在部门及联系电话,对于当事人的近亲属需注明与当事人的关系,律师的助手应要求在委托函上有登记,如无一定交代及时转交给律师,或让律师本人来领取。实践中出现过律师助手领后律师不承认的事,律师也有不讲诚信的,所以大家要学会自我保护。

6. For the staff sent by the unit to collect documents, it is necessary to indicate their department and contact number after their signature. For the close relatives of the parties, it is necessary to indicate the relationship with the parties. The assistant of the lawyer should request registration on the letter of attorney. If there is no definite explanation, it should be handed over to the lawyer in time, or let the lawyer himself collect the documents. In practice, there have been cases where lawyers refuse to admit after being led by lawyers'assistants. Lawyers also do not speak in good faith. Therefore, we should learn to protect ourselves.


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