I. Fixed evidence and prepared evidence

1, identity information

To sue in court, we must first know the identity information of the defendant. Individuals generally include identity cards, temporary residence permits or residence permits, household registration books, birth certificates, kinship certificates and residence certificates. Enterprises or other organizations generally include photocopies of photos of corporate executives with official seals, identity certificates of legal representatives, identity information of legal representatives and basic information of enterprises.

2. Evidence to prove legal relationship

Generally including contracts, agreements, IOUs, IOUs, marriage certificates, delivery notes and other electronic evidence.

3. Auxiliary evidence

Such as bank transfer voucher, invoice, house ownership certificate, motor vehicle registration certificate, etc.

note:

All the evidence is prepared according to the number of copies of the complaint, and the audio-visual evidence needs to be engraved on the CD and abridged into a text version. (In chronological order, arrange by classification, indicate the page number, and list the evidence)

Second, write a complaint

(a) the prosecution shall submit a complaint to the court, and submit a copy according to the number of defendants+the number of courts. The principle of defendant+1

(2) How to write a complaint?

1. Identity information of plaintiff: individual: name, gender, age, nationality, occupation, work unit, address and contact information, name and address of legal person or other organization, name, position and contact information of legal representative or principal responsible person;

2. Defendant's identity information: name, gender, ID number, address and other information, and the name and address of legal person or other organization;

3. Litigation request; What are the requirements for the defendant in order to prosecute? How? .

4. Facts and reasons: it is why the defendant asked or why he did it, and everything serves the litigation request.

5. List of evidence: Usually, in order to understand the basic situation of the case, the court will ask you to provide a list of evidence.

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The second step is to go to the competent court for prosecution.

1. According to the law, let's see if it is exclusive jurisdiction. If not, see if there is an agreement. If there is no agreement, it is usually in the court where the defendant is located. The defendant's location includes the domicile (the address on the ID card) and the place where he has lived for one year, that is, the habitual residence. (except medical treatment)

2. Under special circumstances, either the plaintiff's court or the defendant's court can, such as disputes over sales and loan contracts.

note:

General situation can be solved by mastering the above situation.

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The third step: the court accepts.

1, according to the provisions of the filing registration system, those who can file a case on the spot will be accepted on the spot, and those who can't file a case on the spot will be registered first, and the supplementary materials will be informed at one time.

2. If the legal conditions are met, the case shall be filed within 7 days. Do not meet the statutory conditions, ruled that it will not be accepted within 7 days. After the case is accepted, the legal fees shall be paid within 7 days, otherwise it will be deemed as automatic withdrawal.

3. If the case requires property preservation, you can submit an application for property preservation and a bank guarantee when filing the case, and pay the preservation fee according to law.

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Step 4: serve a copy of the summons and complaint.

1. Mediation is very popular recently. The general court requires mediation first. If mediation fails, it will be turned into litigation. The mediation date is 30 days.

2. Generally, a lawsuit will be filed without mediation 15 to 2 months, and the defendant will be sent to the court to get a subpoena. If the defendant does not go, he will choose to send it by mail, lien or electronic means.

3. If the above cannot be delivered, the announcement shall be delivered, or the whereabouts of the addressee is unknown, or it cannot be delivered by other means. 30 days after the date of announcement, it shall be deemed to have been delivered. At the same time, the trial time was determined.

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Step 5: Inform the plaintiff of the court session time.

1. After the plaintiff knows the opening time, he must go, otherwise he may be dismissed; If the defendant does not receive it, he will be tried in absentia, that is, he will give up his right of reply.

2. Notify the parties by summons three days before the court session, and notify other litigants by notice. 3 days before the court session, the names of the parties, the cause of action, the time and place of the court session shall be announced.

Send a copy of the complaint to the defendant within 3.5 days, and the defendant shall file a reply within 15 days and send a copy of the reply to the plaintiff within 5 days. The content of the defense must be based on the facts, reasons and evidence put forward by the complainant, and focus on the defense and rebuttal, and submit relevant evidence.

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Step 6: Conduct the experiment:

(a), check the identity information of the parties:

The plaintiff sits in the plaintiff's seat and the defendant sits in the dock. Be sure to see it clearly. The clerk verifies the identity information of both parties, including information such as work unit, position and current address. After verifying the information, the general clerk will signal the judge to open the court.

(2) court investigation:

1. Generally, the plaintiff is allowed to clarify the claim and briefly state the facts and reasons. At this time, if you want to change the claim, you must change the claim in time.

The defendant commented on the plaintiff's claim and stated the facts and reasons.

3. The court asks the plaintiff, the defendant or the third party about the facts of the case according to the facts of the case.

(3) Cross-examination of evidence

1. The plaintiff listed the evidence to prove his claim. The defendant gave a cross-examination opinion on the evidence presented by the plaintiff, and a third party conducted cross-examination.

2. The defendant presents the evidence, the plaintiff gives the cross-examination opinions, and the third party conducts cross-examination.

3. When the third party produces evidence, the plaintiff puts forward cross-examination opinions, and the defendant puts forward cross-examination opinions.

note:

1. The court investigation shall be conducted in the order of plaintiff, defendant and third party; The witness testifies in court (if the witness can't appear in court, he can submit the written language approved by the court and read it out by the court; The transcripts of witnesses questioned by foreign courts entrusted by the Court of Appeal shall be read out in court. With the permission of the presiding judge, the parties and agents ad litem have the right to ask questions to the witness, and the witness shall answer truthfully.

2. Before the end of the court investigation, the presiding judge or the sole judge shall summarize the facts ascertained by the court investigation and the disputed issues of the parties, and ask the parties, the third party and the agent ad litem whether they have any opinions and make a final statement.

3, after the collegiate bench that need to continue to provide evidence or identification, inspection work, can be identified after the next court session; If it is considered that the court investigation fails to find out the relevant circumstances of the case, the court may decide to hold a new session.

4. The presiding judge or the sole judge shall summarize this court session, point out the evidence confirmed in this court session, and indicate the investigation focus of the next court session. If you think that the facts of the case have been ascertained and the necessary evidence is ready, you can declare the court investigation over and enter the court debate stage.

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Step 7: Debate in court

1, the parties and their agents ad litem argue and finally argue with each other.

2. Mediation can be conducted before the judgment, and mediation can also be conducted; If mediation fails, a judgment shall be made in time.

3. The presiding judge shall solicit the final opinions of all parties in the order of plaintiff, defendant and third party.

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Step 8: Court review

After the court debate, the presiding judge announced an adjournment, and both parties signed the court record. When reading the transcript, they only need to see whether what they say is recorded or whether the meaning expressed is consistent. Each page needs signature and handprint, and the last page needs signature and date.

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Step 9: Issue the judgment.

1. The people's court shall pronounce a judgment in public on cases tried in public or not. If the judgment is pronounced in court, the judgment shall be served within 10 days; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced.

2. When sentencing, the parties must be informed of the right of appeal, the time limit for appeal and the court of appeal. The special case is a divorce case. When the court of first instance announces the divorce judgment, it must inform the parties not to get married separately before the judgment becomes legally effective. The appeal period is 15 days after the receipt of the judgment, or 10 days if it is ruled.

note:

1. Generally, the trial period of cases applying summary procedure is 3 months. If it cannot be solved within 3 months, the probation period is 6 months.

2. Cases tried by the people's courts through ordinary procedures shall be concluded within 6 months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.

3. If neither party appeals, the judgment of first instance will take effect. If the defendant fails to perform the effective judgment, he may apply to the court for compulsory execution.

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Step 10: Appeal

1. The appeal shall be submitted according to the number of defendants in the first instance (the contents of the appeal shall include the names of the parties, legal persons and their legal representatives or other organizations and the names of their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal) and a copy of the judgment or ruling, and pay the litigation costs.

2. The parties may appeal directly to the second instance or through the people's court of first instance. In fact, most of them appealed through the court of first instance.

3. The people's court shall conclude the appeal case against the judgment within 3 months from the date of filing the case. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.

The people's court shall make a final ruling within 30 days from the date of filing the case in the second instance.

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Step 11: Apply for enforcement

1. If the defendant fails to perform the effective judgment, the plaintiff may apply to the people's court for enforcement. To apply for enforcement, you need to provide an application for enforcement, an effective certificate, identity information and a bank account number. If there is a second trial, the judgment of the second trial is needed.

2. Generally, after filing a case, you can check who the executive judge is about 15 days, and then communicate with him about the execution.

3. The people's court shall generally complete the execution within 6 months from the date of receiving the application for execution. If it is not executed within 6 months, the application executor may apply to the people's court at the next higher level for execution or apply to the local court for supervision. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.

4. To terminate this execution, the conditions stipulated by law must be met at the same time, otherwise the termination procedure cannot be started.

note:

1. Before terminating this execution procedure, the people's court shall also inform the applicant executor of the execution of the case, the property investigation measures taken, the property of the person subjected to execution, the basis for terminating this execution procedure and the legal consequences, and listen to his opinions on terminating this execution procedure. The people's court shall record the opinions of the applicant executor.

2. Ending this execution procedure does not mean that the court will no longer execute your case, nor does it mean that Lao Lai does not need to repay. After the end of this execution procedure, the person subjected to execution shall continue to perform the obligations specified in the effective legal documents. If the person subjected to execution automatically completes the performance, the parties concerned shall promptly inform the enforcement court. After finishing this execution process.

3. If the applicant for execution finds that the person subjected to execution has property available for execution, he may apply to the enforcement court for resumption of execution. The application for resumption of execution is not limited by the limitation period of application execution. If it is verified by the enforcement court, the execution shall be resumed.

4. Within five years after the end of this execution procedure, the execution court shall inquire about the property of the person subjected to execution through the network execution monitoring system every six months and inform the applicant of the inquiry result. If the conditions for resuming execution are met, the execution court shall resume execution in time.

5. After the end of this execution procedure, it is found that the person subjected to execution has property available for execution. If the execution measures are not taken immediately, the property may be transferred, concealed, sold or damaged. Upon the application of the executor or ex officio, the execution court may immediately take control measures such as sealing up, seizure and freezing.

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