(1) Respond to the lawsuit actively to prevent the occurrence of multiple judgments. If a lawsuit is brought in a different place, the parties may go to handle it themselves, or entrust relatives, friends or lawyers to handle it on their behalf. In civil litigation cases, if the lawsuit is filed by a foreigner, it is necessary to determine the jurisdiction of the court. Generally speaking, it is under the jurisdiction of the people's court where the defendant is located. Therefore, if you are sued by a foreigner, you can choose to entrust a lawyer where the defendant is located. However, a written power of attorney and a complaint signed by the parties shall be provided.
The relevant litigation procedures are as follows:
1. Collect evidence and actively respond to the lawsuit.
2. The parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
3. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
4. The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall state the name, sex, age, nationality, occupation, work unit, residence and contact information of the defendant; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant does not submit a reply, it will not affect the trial of the people's court.
(2) If a lawsuit is filed in a different place, you can raise a jurisdictional objection to the judge in charge of the court, and the time limit is 15 days after receiving the court's response materials, and you need to submit the relevant contract materials.
According to the Civil Procedure Law, the application of transferred jurisdiction should meet the following conditions:
1. The people's court has accepted the case. If the case that has not been accepted is not under the jurisdiction of this court after examination, there is no problem of transfer jurisdiction, and the parties concerned shall be informed to bring a lawsuit to the people's court with jurisdiction.
2. The people's court that accepts the case has no jurisdiction over the case. Only the people's courts with jurisdiction according to law have the right to exercise judicial power, so the people's courts without jurisdiction have no right to hear cases.
3. The people's court that accepts the transferred case enjoys jurisdiction according to law. This is the requirement for the court to transfer the case, that is, it can not be transferred at will, but only to the people's court with jurisdiction.
2. When being sued, the new evidence was identified as:
1. Although it existed objectively within the time limit for adducing evidence, it was not known and mastered by the parties concerned;
2. It is evidence that the parties know the existence of the evidence and have the conditions to obtain it, but have not presented it because they don't know its evidence value, except that the court has explained it;
3. Evidence that the parties knew about the existence of the evidence but failed to obtain due to objective reasons within the time limit for adducing evidence;
4. Evidence presented after the expiration of the time limit for adducing evidence in order to refute the other party's claims or adduce evidence;
5. It is the evidence that the parties can't provide within the time limit for adducing evidence due to objective reasons and can't provide within the extended time limit with the permission of the court. Failure to hear this evidence may lead to the referee's obvious violation of objective facts.
III. Provisions on trial jurisdiction:
(1) Civil litigation:
Being sued by a foreign court according to regulations depends on the specific circumstances. It is briefly introduced in 14 points as follows:
1. Civil actions brought against citizens shall be under the jurisdiction of the people's court where the defendant resides; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence.
a civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court of the defendant's domicile.
if several defendants in the same lawsuit have their domiciles and habitual residences in the jurisdiction of more than two people's courts, each people's court has jurisdiction.
2. The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile; If the plaintiff's domicile is inconsistent with his habitual residence, the people's court of the plaintiff's habitual residence shall have jurisdiction over: (1) the lawsuit concerning identity relations brought against people who do not live in the territory of the People's Republic of China;
(2) Litigation on identity relationship brought against people whose whereabouts are unknown or declared missing;
(3) the lawsuit brought against the reeducation-through-labor person;
(4) Proceedings against imprisoned persons.
3. A lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed.
4. The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but they shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
5. A lawsuit arising from an insurance contract dispute shall be under the jurisdiction of the people's court where the defendant has his domicile or where the subject matter insured is located.
6. A lawsuit brought over a bill dispute shall be under the jurisdiction of the people's court in the place where the bill is paid or where the defendant is domiciled.
7. A lawsuit brought for a dispute over a railway, highway, water, air transport or combined transport contract shall be under the jurisdiction of the people's court of the place of origin, destination or defendant's domicile of the transport.
8. A lawsuit brought for infringement shall be under the jurisdiction of the people's court in the place where the infringement occurred or where the defendant has his domicile.
9. A lawsuit for claiming damages due to railway, highway, water and aviation accidents shall be under the jurisdiction of the people's court where the accident occurred, where the vehicle or ship first arrived, where the aircraft first landed or where the defendant lived.
1. A lawsuit for claiming damages due to ship collision or other maritime damage accidents shall be under the jurisdiction of the people's court of the place where the collision occurred, the place where the colliding ship first arrived, the place where the injuring ship was detained or the defendant's domicile.
11. A lawsuit brought for salvage expenses at sea shall be under the jurisdiction of the people's court of the place where the salvage occurred or where the rescued ship first arrived.
12. A lawsuit brought for general average shall be under the jurisdiction of the people's court at the place where the ship first arrived, where the general average was adjusted or where the voyage was terminated.
13. The following cases shall be under the exclusive jurisdiction of the people's court as stipulated in this article:
(1) A lawsuit brought for a real estate dispute shall be under the jurisdiction of the people's court where the real estate is located;
(2) A lawsuit brought due to a dispute in port operation shall be under the jurisdiction of the people's court where the port is located;
(3) A lawsuit brought for inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent died or where the main inheritance is located.
(II) Criminal proceedings:
1. Jurisdiction in criminal proceedings refers to the scope of functions and powers of the people's courts in trying criminal cases of first instance, including the division of powers between people's courts at all levels, between ordinary people's courts and special people's courts, and between people's courts at the same level in trying criminal cases of first instance.
2. Level jurisdiction refers to the division of authority between people's courts at all levels in the trial of criminal cases of first instance.
(1) Criminal cases of first instance under the jurisdiction of basic people's courts.
The basic people's courts are the basic trial levels of the first instance of ordinary criminal cases, which are under the jurisdiction of the basic people's courts in principle. The basic people's courts are widely distributed and have the largest number, and are closest to the crime sites and the people.
(2) criminal cases of first instance under the jurisdiction of the intermediate people's court.
The Intermediate People's Court has jurisdiction over the following criminal cases of first instance: cases endangering national security; Ordinary criminal cases that may be sentenced to life imprisonment or death penalty; Criminal cases of foreigners committing crimes.
(3) Criminal cases of first instance under the jurisdiction of the Higher People's Court.
The criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government).
(4) Criminal cases of first instance under the jurisdiction of the Supreme People's Court.
The criminal case of first instance under the jurisdiction of the Supreme People's Court is a major national criminal case. The Supreme People's Court is the highest judicial organ in the country. Apart from approving death penalty cases, the criminal cases tried by the Supreme People's Court as the first instance should be extremely rare, with great influence in the whole country and particularly serious in nature and circumstances.
3. The trial jurisdiction of criminal proceedings includes the jurisdiction of different levels of courts, the jurisdiction of different regions, and the special jurisdiction of specific fields. The establishment of relevant trial jurisdiction is to better distinguish the trial jurisdiction of different courts, so as to clearly divide cases and improve the accuracy of hearing cases. The establishment of special jurisdiction is also to facilitate the trial of cases in related fields, give corresponding authority and improve the efficiency of trial.
iv. modes of prosecution
there are two modes of prosecution stipulated in the civil procedure law: written prosecution and oral prosecution. Only if it is really difficult to write a complaint can an oral prosecution be initiated, and the people's court will record the plaintiff's oral statement in the record and inform the other party. The indictment is the written basis for the plaintiff to file a lawsuit with the people's court. The complaint shall include the following contents:
(1) the natural situation of the parties. Including the name, gender, age and nationality of the parties. Occupation, work unit and residence. The name of the legal person or other organization. Domicile and the name and position of the legal representative or principal responsible person. This part reflects the identity of both parties and makes the original and defendant specific.
(2) the claim and the facts and reasons on which it is based, which are the main contents of the complaint. The plaintiff shall state in the complaint the specific litigation request and the facts and reasons on which such request is based, including the facts of legal relationship, the facts of dispute, the reasons for filing the litigation request, etc.
(3) evidence and its sources, names and residences of witnesses. Whether the facts of the case exist or not needs evidence to prove.
when writing a complaint, the plaintiff should provide evidence to prove the claim and the reasons for making such a request. If documentary evidence or material evidence is provided, it shall be submitted to the people's court together with the complaint. Where the testimony of a witness is provided, the address of the witness shall be stated so as to facilitate the investigation and verification by the people's court. When the people's court records the oral complaint of the plaintiff, it must ask the above contents one by one and record them in the record. When the people's court receives a civil complaint submitted by a party, it shall register and file a lawsuit that meets the conditions stipulated in Articles 119 and 124 of the Civil Procedure Law; If it is impossible to determine whether the conditions for prosecution are met on the spot, the prosecution materials shall be received and a written certificate indicating the date of receipt shall be issued. If necessary relevant materials need to be supplemented, the people's court shall promptly inform the parties concerned. After completing the relevant materials, it shall decide whether to file a case within seven days.
Legal basis:
Article 22 of the Civil Procedure Law of the People's Republic of China brings a civil action against a citizen under the jurisdiction of the people's court where the defendant has his domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence.
a civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court of the defendant's domicile.
if several defendants in the same lawsuit have their domiciles and habitual residences in the jurisdiction of more than two people's courts, each people's court has jurisdiction.
article 2 of the criminal procedure law of the people's Republic of China has jurisdiction over ordinary criminal cases of first instance, except those that are under the jurisdiction of the people's court at a higher level according to this law.