2. Go to the court to file a case for compensation.

3. Wait for the other party to reply and give evidence.

4. Hold a trial.

5. First-instance judgment or mediation.

6. Refuse to accept the judgment of first instance (final judgment).

7. implementation.

I. Prosecution

Civil litigation begins with prosecution, that is, initiating litigation procedures. As the saying goes, if the people don't sue, the officials ignore it. In ancient times, it was called complaining. Is to tell your own grievances to the housekeeper and let the official decide the case.

1. The following materials need to be prepared for prosecution: (1) The main information of the original defendant, such as a copy of the ID card (natural person) and a copy of the business license (legal person); (2) the indictment (the number of copies is determined according to the number of defendants); (3) Evidence materials, including originals and copies (the number of copies is the same as that of the complaint);

2. The submitted court must have jurisdiction, otherwise the court will not accept it.

3. The submission method can be to submit the materials in person to the court, or to file a case online.

Second, the court review

Usually, the court will review the case within 7 days after receiving the filing materials. In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; Do not meet the conditions for filing, the materials are insufficient, the court shall notify the parties to supplement the materials, and then review and decide whether to accept it; Otherwise, the award will not be accepted.

The seventh day here means counting from the second day after receiving the letter of acceptance. If the last day is a legal holiday, it can be postponed to the first day after the holiday. Therefore, it must be noted that if the legal fees are not paid within the time limit, there is nothing to pay and the lawsuit can only be dismissed.

If the court agrees to file a case after examination, it is generally necessary to serve the filing materials to the other party, and the defendant will provide a defense within 15 days, but whether the defendant provides a defense does not affect the trial of the case.

Reminder: Now the court implements the registration system, but it will also review the necessary information such as identity, address and cause of action, and inform you to supplement relevant materials.

Third, arrange the date of the trial.

After agreeing to file a case, usually the court will also inform the court of the time, place and relevant person in charge. If the case is heard in public, the court will also make an announcement so that other people who want to know the case can attend the trial.

Note that those who have already set the court session time must keep it in mind, and remember to appear in court or entrust an agent or lawyer to conduct litigation. Otherwise, there is no reason not to appear in court, and the lawsuit will be dismissed.

Fourth, the court session

At this stage, all performance in court is an important factor to judge whether the case is successful or not, which is also the reason why many parties choose lawyers for litigation. Usually in court, the trial of the litigation process is mainly carried out according to the following steps:

(1) Pre-trial preparation: Here, the judge will check the parties and agents ad litem, announce the trial discipline, notify the members of the collegial panel and ask whether the parties need to withdraw. That is, if you think that the court judge has an interest in the case, which may affect the fair judgment of the case, you can apply for the replacement of that person.

(2) Court investigation: In this link, it is mainly a link for both parties to make statements. The plaintiff shall state the complaint first, and then the defendant shall reply, so that the judge can summarize the focus of the dispute in this case; Secondly, cross-examine the evidence held by both parties and express opinions on whether there are objections to the authenticity, legality and relevance of the evidence. In addition, if there is a witness, the witness can testify in court at this time; Finally, after all the evidence is cross-examined, a final statement is needed. At this point, enter the next stage.

(3) Court debate: Generally, the original defendant debates with each other around the focus of the dispute, and debates and demonstrates the disputed facts and legal issues. One party's questions need to be answered by the other party, and it is forbidden to repeat the questions too much, or even turn the court into a quarrel scene at a key point. This is an act of disturbing the court scene. Although the judge will stop it, it will bring a bad impression to the judge.

(4) Court mediation: After the debate between the two sides is over, the basic trial is over. At this time, the judge will generally ask whether mediation is needed. If a mediation agreement is reached, the court will make a mediation document, which will take effect after being signed by both parties and have legal effect on both parties. The parties need to perform or apply for compulsory execution according to the contents of the conciliation statement; If no mediation agreement is reached, the collegial panel shall make a ruling.

(5) Adjournment for deliberation: if mediation fails, the judge needs to discuss with other members of the collegial panel. At this time, the court will generally adjourn 10 minutes or so.

(6) Sentencing: After the recess, if the judge can reach an agreement at that time, he can pronounce the sentence in court, otherwise he will pronounce the sentence regularly. However, the final result will not take effect until the ruling or judgment is received.

Verb (abbreviation for verb) Check the transcript and signature.

After the trial, the parties can't leave immediately, so they need to wait for the clerk to print out the trial record, and both parties need to sign on each page after checking it correctly. At this point, all trial procedures have finally ended.

According to the provisions of the Civil Procedure Law, the trial period of summary procedure is 3 months, and that of ordinary procedure is 6 months. Therefore, many people have to wait for the court session before serving the judgment, but the specific time to serve it is decided by the court, as long as it is within this trial period, it is legal.

Special reminder: If you are dissatisfied with the judgment or ruling, you can choose to appeal. Note that the appeal period of the ruling and judgment is different:

Ruling: appeal to the higher people's court within 10 days from the date of service; Judgment: Appeal to the Higher People's Court within 15 days from the date of service.

Performance of intransitive verbs

Whether it is a judgment of first instance or a judgment of second instance, the parties must perform it after it takes effect. If one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for enforcement in time. The time limit for applying for execution is two years.

If you are the losing party, you'd better perform it within the time limit stipulated in the judgment. If the other party applies for enforcement, you should also bear the relevant expenses of enforcement. If you refuse to carry out the ruling or judgment of the people's court, the people's court may take measures of detention and fine, and will blacklist you. If you refuse to carry out the crime, you may be investigated for criminal responsibility.