When a party brings a lawsuit to the court because of a civil lawsuit, it is necessary to submit a complaint and evidence related to the case. According to the law, a complaint should state the name, sex, address, contact information and other basic information of the plaintiff and the defendant, and state the claim and the facts and reasons on which it is based.
The process of prosecution:
1. Investigation and evidence collection: The parties shall investigate and collect evidence related to the case, including documentary evidence, physical evidence and witness testimony;
2. Drafting a complaint: The parties shall draft a complaint in accordance with the law, stating their claims, litigation facts and reasons. , and attach relevant evidence;
3. Submit a complaint: the parties shall submit a complaint to the people's court where the defendant has his domicile or where the incident occurred, and pay the litigation fees at the same time. The court shall issue a notice of acceptance to the prosecutor within five days from the date of receiving the complaint;
4. Defendant's defense: After receiving the complaint, the defendant shall make a defense within the statutory time limit, explain his opinions and opinions, and attach relevant evidence;
5. Trial: After the pre-trial preparation is completed, the court will arrange a trial. During the trial, the parties may debate, and the court may ask the parties or witnesses and consult the evidence.
6. Trial ruling: After trial, the court makes a judgment or ruling based on investigation and evidence collection, statements of the parties and existing evidence. Once a judgment or ruling is announced, it will take legal effect.
The process of prosecution:
1. Investigation and evidence collection: The parties shall investigate and collect evidence related to the case, including documentary evidence, physical evidence and witness testimony;
2. Drafting a complaint: The parties shall draft a complaint in accordance with the law, stating their claims, litigation facts and reasons. , and attach relevant evidence;
3. Submit a complaint: the parties shall submit a complaint to the people's court where the defendant has his domicile or where the incident occurred, and pay the litigation fees at the same time. The court shall issue a notice of acceptance to the prosecutor within five days from the date of receiving the complaint;
4. Defendant's defense: After receiving the complaint, the defendant shall make a defense within the statutory time limit, explain his opinions and opinions, and attach relevant evidence;
5. Trial: After the pre-trial preparation is completed, the court will arrange a trial. During the trial, the parties may debate, and the court may ask the parties or witnesses and consult the evidence.
6. Trial ruling: After trial, the court makes a judgment or ruling based on investigation and evidence collection, statements of the parties and existing evidence. Once a judgment or ruling is announced, it will take legal effect.
To sum up, lawyers must obtain the informed consent of the parties when writing the complaint on their behalf, and should clearly indicate the fact that lawyers represent the complaint to avoid legal risks and disputes.
legal ground
Legal basis:
Article 124 of the Civil Procedure Law of People's Republic of China (PRC)
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, 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;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.