Notice of the respondent 1×××:
Our hospital has accepted the case of ××× (name of plaintiff or appellant) v. your hospital ××× (cause of action), and now we send a copy of the complaint and notify the relevant matters as follows:
1. In the course of litigation, the parties have the right to exercise the litigation rights stipulated in Articles 50, 51 and 52 of the Civil Procedure Law of People's Republic of China (PRC), and at the same time, they must abide by the litigation order and perform their litigation obligations.
2. You should submit a reply in duplicate to our court within 15 days (30 days for foreign-related cases) from the date of receipt of the complaint.
Three, a legal person or other organization to participate in litigation, it shall submit the qualification certificate of the legal person or other organization and the identity certificate of the legal representative or person in charge. If a natural person participates in a lawsuit, he shall submit an identity certificate.
4. If it is necessary to entrust an agent to represent the lawsuit, a power of attorney signed or sealed by the client shall be submitted, and the power of attorney shall specify the entrusted matters and authority in accordance with the provisions of Article 59 of the Civil Procedure Law of People's Republic of China (PRC).
* * * * Year * * Month * * Day
(Seal of Institute)
Notice of Defendant 2 The plaintiff sued (refused to accept) your unit, and our hospital has filed a case for acceptance. A copy of the complaint is now sent, and the relevant matters are notified as follows:
First, in the process of administrative litigation, the parties must exercise their litigation rights according to law, abide by the litigation order and fulfill their litigation obligations.
2. The identity certificate of the legal representative shall be submitted to our hospital within seven days after receiving this notice. If it is necessary to entrust an agent to represent the lawsuit, a power of attorney signed by the legal representative and stamped with the official seal of the unit shall also be submitted, and the power of attorney shall specify the entrusted matters.
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3. According to the Administrative Procedure Law of the People's Republic of China and relevant judicial interpretations, all the evidence and normative documents on which the specific administrative act is sued shall be provided within 10 days from the date of receiving the copy of the complaint, and the defense shall be submitted (one original and several copies). If no evidence is provided without justifiable reasons or fails to provide evidence within the time limit, it shall be deemed that there is no corresponding evidence for the specific administrative act being sued.
If it is impossible to provide evidence within the time limit specified in the preceding paragraph due to force majeure or other justifiable reasons beyond objective control, it shall submit a written application for delaying the provision of evidence to our court within 10 days from the date of receiving the copy of the indictment. If the court allows an extension, it shall provide evidence within ten days after the just cause is eliminated. If it fails to provide it within the time limit, it shall be deemed that there is no corresponding evidence for the specific administrative act being sued.
Four, that the plaintiff sued within the statutory time limit, it shall provide evidence that the plaintiff sued within the statutory time limit before the expiration of the time limit for proof.
Five, the following matters shall be submitted to the court within the time limit for proof:
1, apply to the people's court for evidence collection;
2. Apply to the people's court for evidence preservation;
3. If the party who bears the burden of proof for the matters that need to be identified fails to apply for identification, pay the identification fee in advance or provide relevant materials within the identification period without justifiable reasons, so that the disputed facts of the case cannot be identified through the identification conclusion, it shall bear the legal consequences of failing to prove the facts;
4, have objections to the inspection conclusion, apply for re inspection;
5. Apply for witnesses to testify in court.
Other specific litigation matters will be notified separately.
date month year
Notice of defendant 3 XXX People's Court
Notice of responding to a civil retrial case
(used to inform other parties in the original trial)
(XXXX)X Shen Min Zeno. xx
XXX (indicate the names of other parties in the original trial):
Because of a dispute with XXX (specify the name of the respondent) and you (your company), XXX (specify the name of the applicant for retrial) applied to our court for retrial ..... (cause of action) and refused to accept the civil judgment (ruling or mediation) made by the people's court (our court) on ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Serve you (your unit) with a copy of the retrial application according to law. You (your unit) shall submit written opinions, confirmation of the service address of the parties, a copy of the identity certificate (if the unit submits a copy of the business license and the identity certificate of the legal representative), a power of attorney and evidential materials within 0/5 days (30 days for foreign, Hong Kong, Macao and Taiwan parties) from the date of receiving the copy of the retrial application; If it is not submitted, it will not affect our review.
I hereby inform you.
Note: If you need to submit or supplement materials to our hospital, please list the materials and mail them to XX Court of XX People's Court,No. XX Road, XX City, XX Province [specify the case undertaker and clerk (contact number)]; Postal code: XXX.
Attached:
1. Copy of retrial application.
2. A copy of the confirmation of the service address of the party concerned.
XXXX,XXXX,XX,XX
(Seal of Institute)
Description:
1. This form of responding notice is used by the people's court at the next higher level and the people's court hearing the case to inform other parties hearing the case after accepting the retrial application put forward by the parties.
2. According to Article 203 of the Civil Procedure Law of People's Republic of China (PRC), after accepting the application for retrial, the people's court shall send a notice of responding to the lawsuit and a copy of the application for retrial to the other party within five days. The other party includes the defendant and other parties in the original trial.
3. In order to facilitate the smooth development of the retrial review, when sending the notice of responding to the lawsuit and a copy of the retrial application to other parties in the original trial, it shall be accompanied by the confirmation of the delivery address of the parties.
Notice of Defendant 4 XXX People's Court
Notice of responding to a civil retrial case
(Inform the defendant)
(XXXX)X Shen Min Zeno. xx
XXX (specify the name of the respondent):
XXX (specify the name of the person applying for retrial) applied to our court for retrial (cause of action) because of a dispute with you (your company) and XXX (specify the names of other parties in the original trial), and refused to accept the civil judgment (ruling or mediation) made by the people's court (our court) on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× Serve you (your unit) with a copy of the retrial application according to law. You (your unit) shall submit written opinions, confirmation of the service address of the parties, a copy of the identity certificate (if the unit submits a copy of the business license and the identity certificate of the legal representative), a power of attorney and evidential materials within 0/5 days (30 days for foreign, Hong Kong, Macao and Taiwan parties) from the date of receiving the copy of the retrial application; If it is not submitted, it will not affect our review.
I hereby inform you.
Note: If the materials are submitted to our hospital, a list of materials shall be listed and mailed to XX Court of XX People's Court,No. XX Road, XX City, XX Province, indicating the case undertaker and clerk (contact telephone number); Postal code: XXX.
Attached:
1. Copy of retrial application.
2. A copy of the confirmation of the service address of the party concerned.
XXXX,XXXX,XX,XX
(Seal of Institute)
Description:
1. This form of responding notice is used by the people's court at the next higher level and the people's court that originally tried the case to inform the respondent after accepting the retrial application put forward by the parties.
2. According to Article 203 of the Civil Procedure Law of People's Republic of China (PRC), after accepting the application for retrial, the people's court shall send a notice of responding to the lawsuit and a copy of the application for retrial to the other party within five days. The other party includes the defendant and other parties in the original trial.
3. In order to facilitate the smooth development of the retrial review, when sending the notice of responding to the lawsuit and a copy of the retrial application to the respondent, the confirmation of the party's service address shall be attached.
Respondent:, male, born on July 5, 1968, Han nationality, without a fixed occupation, now living in Room 602, Unit 4, BuildingNo. 178, Xigang Beiyuan Community, Xining City, Qinghai Province (ID number: 41295196807/KLOC-
Ma Shusheng and Ma Hongwei refused to accept the civil judgment of Xining Intermediate People's Court (20xx) No.289 because of the case of "loan dispute" between Ma Shusheng and Ma Hongwei, and received the notice of responding to the retrial case (20xx) No.28 from your hospital. Now their answers are as follows:
The fact of this case is that the respondent borrowed two loans from Ma Shusheng and Ma Hongwei on May 13, 20xx1October1/Kloc-0, respectively, each with 60,000 yuan, totaling one hundred and twenty thousand. After urging a * * * to get back 70,000, there are still 50,000 left. Therefore, the respondent filed a lawsuit of 50,000 yuan in the first instance. In the first instance, because the respondent could not find the original IOU written by Ma Hongwei on August 1 1 20xx, and the other party confused and forced the judge of first instance, the wrong identification of the judge of first instance made the respondent lose 50,000 yuan invisibly. You observed everything in the court of second instance. After careful examination and investigation of facts and evidence, and on the basis of forming a complete and sufficient "chain of evidence", you confirmed the probative effect of the IOU with the date of 20xx1kloc-0/1(a copy was provided at that time), and safeguarded the legal rights of the respondent.
Ma Shusheng and Ma Hongwei claimed in their application for retrial that the courts of first and second instance violated the principle of "not suing and ignoring", which was just lip service from the applicant. The judgments of the courts of first and second instance did not exceed the defendant's claim. As long as educated people look at the indictments of the first and second trials and the court judgments of the first and second trials, it will be clear at a glance. In the first instance, the applicant for retrial was accused by the respondent.
At that time, I couldn't find the original IOU of June+10/October120xx written by Ma Hongwei, and wanted to hide it, so shattered glass refused to pay. The respondent's claim in the first instance was to ask the applicant to repay the arrears of 50,000 yuan, and the court of first instance ruled that the respondent lost the case: the respondent's claim in the second instance still asked the applicant to repay the arrears of 50,000 yuan, and the court of second instance ruled that the respondent won the case; Whether winning or losing, the court ruled in accordance with the law within the scope of the respondent's request and did not exceed the litigation request.
After the second trial, the respondent tried to find the original loan of Ma Hongwei for 20xx 10/month 1 1 day, but the respondent still failed to find the original loan. It is this evidence that makes the applicant have the evil idea of breach of contract, and also makes the respondent suffer from the first and second instance litigation. The judgment of the court is based on facts, and the effect of the copy is completely probative when it is combined with other evidence to form a complete "chain of evidence". Looking at the whole picture of this case, it can completely prove the truth of the facts proved by this copy of evidence.
The applicant's statement that "the debt is paid by the father" is not worth refuting. The borrower and the guarantor are jointly and severally liable, and the creditor may claim rights from either party. Therefore, the judgment of the court of second instance did not violate the legal provisions, and the reason for claiming rights from the applicant was that the applicant did borrow 60,000 yuan from the respondent in 20xx1October 1 1, hoping that the retrial court would safeguard the interests of the respondent.
The 60,000 yuan loan mentioned by the retrial applicant was caused by the so-called "partnership agreement" at that time. This statement is not logical at all. The partnership is funded by agreement. How can it become a debt? In this case, the respondent and the applicant had an agreement on buying and selling business, but this has nothing to do with this debt.
To sum up, the court of second instance found that the facts were clear, the evidence was sufficient, the applicable law was correct, and the procedure was legal, and urged the judge to uphold the Xining Intermediate People's Court (20xx) according to law.
Sanzhongzi No.289 civil judgment rejected the retrial request of the retrial applicant.
I am here to convey
Xining intermediate people's court
Respondents:
date month year
Notice of Respondent 6 Notice of Respondent Guangdong Provincial Labor Dispute Arbitration Commission Notice of Respondent Guangdong Laozhong Case No.20
Our Committee has decided to accept the labor dispute case with you (unit), and now the arbitration application (copy) will be delivered to you (unit), and the relevant matters will be notified as follows:
1. The respondent shall, within 10 days after receiving the arbitration application (copy), submit the defense and relevant evidence to the arbitration commission according to the number of applicants. Failure to submit the defense on time does not affect the arbitration proceedings.
Two, if the respondent is a unit, it is necessary to fill in the identity certificate of the legal representative (or principal); If you need to entrust an agent, you should fill in the power of attorney and submit it to the Committee a few days ago.
3. Where the respondent files a counterclaim, it shall file it within the period of defense, and it shall be handled separately after the deadline.
Please sign the receipt of this notice.
Notice of Respondent No.7
(name of respondent):
Our hospital decided to accept the case of economic contract dispute with your company, and now we will send you a copy of the complaint and notify you of the relevant matters as follows:
First of all, indicate the time of receipt on the receipt of the copy of the complaint, and return the receipt to this bureau after signing it.
2. Submit the defense and relevant evidence to this Council within fifteen days after receiving the copy of the indictment. Failure to submit the defense on time or not to submit the defense will not affect the handling of the case.
3. Fill in the certificate of legal representative or the power of attorney of the entrusted agent and submit it to this Council before.
date month year
(Seal)
Attachment: one certificate of legal representative and two power of attorney for entrusted agent.
Promulgated by: State Administration for Industry and Commerce
Source: Open Selection Leadership Examination