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The process after filing a case in the Civil Litigation Court

The steps of civil procedure are:

1. First, determine the court with jurisdiction;

2. There must be a clear defendant, and the defendant must be correct;

3. Submit the complaint to the People's Court and submit copies according to the number of defendants;

4. The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case. A statement of defense shall be filed within fifteen days from the date of receipt.

The next procedure after filing a civil lawsuit is to submit relevant evidence within the time specified by the court, attend the court session on time, and wait for the judgment after the court session.

1. When the People’s Court receives a complaint from a party, it shall review it in accordance with legal provisions.

2. During the review and filing of the case, the people's court finds that the plaintiff or private prosecutor does not have the main evidence to prove its claim, it shall promptly notify the plaintiff or private prosecutor to supplement the evidence within a time limit, and record the notification of supplementary evidence in the case and collect it. The time for submitting a complaint shall begin to be calculated from the date when the party concerned submits relevant evidence materials.

3. After receiving the complaint and relevant evidence, the people's court shall register it and issue a receipt to the plaintiff or private prosecutor. The receipt should indicate the name of the evidence, original or copy, time of receipt, number of copies and pages. The copy must be verified to be indistinguishable from the original and signed or stamped by the judge responsible for reviewing the prosecution, as well as the plaintiff and private prosecutor. It should be signed or stamped, and the receipt should be included in the file. If the case is not filed or the plaintiff or private prosecutor withdraws the lawsuit before the case is filed, the prosecution materials shall be returned and signed by the parties concerned.

4. If the plaintiff does not meet the legal acceptance conditions upon review and insists on suing, the case shall be ruled not to be accepted; if the private prosecutor insists on suing, the case shall be dismissed.

5. The ruling of non-acceptance or dismissal of the prosecution shall be made by the judge responsible for reviewing the prosecution, submitted to the chief judge or president for approval, and shall be signed and stamped by the judge or clerk responsible for reviewing the prosecution. Seal of the People's Court.

In addition to being submitted to the president or president of the court for review and approval, the ruling of not accepting an administrative case or dismissing the prosecution should be signed by the members of the collegial panel and the clerk and affixed with the seal of the People's Court.

6. If the review finds that the prosecution meets the conditions for acceptance, the case filing approval form should be filled in, and the judge responsible for reviewing the prosecution will decide to file the case. Among them, complex and new types of cases should be submitted to the presiding judge for approval and the president of the division for approval. Major and difficult cases shall be submitted to the president for review and approval or discussed and decided by the judicial committee.

7. If the case is decided to be filed after review, the case acceptance fee shall be calculated and the plaintiff shall be notified, and a case acceptance notice shall be issued to the plaintiff or private prosecutor; the names of the parties to the case, the cause of the case and other information shall be uniformly compiled and entered into the computer. .

8. After the filing court decides to file the case, it shall transfer the case to the relevant trial court for trial within two days, go through the transfer procedures, and indicate the date of transfer. The date on which the case is accepted or registered upon review is the date on which the case is filed. The case filing personnel shall input the case filing date, transfer date, etc. into the computer in a timely manner.

9. The parties file a lawsuit in the people's court. If the people's court finds that the lawsuit meets the acceptance conditions after review, it should report to the chief judge for approval to file the case; after the people's court decides to file the case, it should promptly fill in the case acceptance card and report it to the basic people's court. The case filing court shall uniformly compile case numbers. If the people's court considers that the lawsuit does not meet the conditions for acceptance and the plaintiff insists on filing a lawsuit, the filing division of the basic people's court will decide whether to file the case. After review, the filing division will refer the lawsuit that meets the acceptance conditions to the people's court for trial.

10. If a party is dissatisfied with the first-instance judgment and directly appeals to the second-instance People’s Court, the second-instance People’s Court shall send the appeal to the original-instance People’s Court within five days.

To sum up, after filing the case, submit relevant evidence within the time specified by the court, attend the court session on time, and wait for the judgment after the court session. If the court files a case, it will send a copy of the complaint and a court summons to the defendant within 7 days. The defendant should send the defense statement back to the court within 15 days, and then the trial will begin.

Legal basis:

"Administrative Procedure Law of the People's Republic of China"

Article 120

Prosecution The indictment shall be submitted to the People's Court and copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.

Article 122

For civil disputes brought to the People's Court by the parties, if mediation is suitable, mediation shall be conducted first, except where the parties refuse mediation.

Article 125

The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall file a copy of the complaint within fifteen days from the date of receipt. Reply. The defense statement shall state the name, gender, age, ethnicity, occupation, work unit, residence, and contact information of the defendant; the name, residence, and name, position, and contact information of the legal person or other organization and the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.

If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court.