How to write a statement of defense? Below I will compile and recommend how to write a statement of defense. Welcome everyone to read!
How to write a statement of defense? What is the general format of a statement of defense? What are the basic elements of a statement of defense?
1. Concepts and Characteristics After receiving a copy of the plaintiff’s complaint, the defendant in a civil lawsuit shall, within the statutory period, respond to the facts and reasons raised by the plaintiff in the complaint. The written pleadings for answering and rebutting the litigation claims are called first-instance civil pleadings.
The first instance civil defense statement has the following characteristics: (1) It must be submitted by the defendant in the civil case.
(2) It must be submitted within the statutory time limit. Article 113, Paragraph 1 of the Civil Procedure Law stipulates: 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 reply within fifteen days from the date of receipt. ?Article 113, paragraph 2, also stipulates. ?If the defendant fails to submit a statement of defense, it will not affect the trial of the People's Court. ?It can be seen that filing a statement of defense is both an obligation and a right for a civil defendant, and the main thing is the right.
(3) A defense must be made based on the content of the complaint.
2. Content and writing method
(-) First part 1. Title: Writing "Civil Reply". 2. Party column: Under the title, directly list the basic information of the respondent. List the respondent’s name, gender, age, ethnicity, place of origin, occupation or position, unit or address. 3. The cause of action section mainly states why the plaintiff sued the case for defense. You may or may not state when you received a copy of the complaint. The specific writing is as follows: The respondent filed a lawsuit XXXX (cause of action) because of the plaintiff XXX. The respondent now replies as follows: Or write: The respondent received a transfer from your court on the day A copy of the indictment of the case is hereby put forward as the following defense:?
(2) Arguments and arguments of the defense This is the main part of the defense, or the key part. It generally includes the following aspects: 1. Respond to the factual part and express your opinion on whether the facts written in the plaintiff's complaint are consistent with the actual situation. If all the facts complained of cannot be established, all of them shall be denied; if some of them cannot be established, some of them shall be denied. Prove it by presenting facts that are consistent with objective reality. When making an argument based on the facts, it is necessary to focus on citing negative evidence to prove that the facts stated in the plaintiff's complaint cannot be established, and the counter-evidence must be reliable and sufficient, and the things stated in the plaintiff's complaint cannot be denied out of thin air. The negative evidence mentioned here is evidence that directly contradicts the evidence presented by the plaintiff, and evidence that is sufficient to deny the facts stated by the plaintiff. 2. Defend in terms of applicable law. First, if there are discrepancies in the facts, it will of course lead to changes in the applicable law, and the arguments can naturally be simplified. This is called facts speak louder than words. Second, if the facts are not known, but the plaintiff has a wrong understanding of the substantive law provisions and thus makes an illegal request, he can rebut it with reasonable grounds. Third, in terms of procedure, if the plaintiff sues in violation of the provisions of the Civil Procedure Law and does not meet the conditions for the occurrence and conduct of litigation, he can rebut the application of procedural law. 3. Put forward the defense proposition. After putting forward the factual and legal defense, introduce your own defense proposition, that is, whether you do not accept the plaintiff's request in the complaint completely or partially, put forward your own proposition on the handling of the case in accordance with the law, and request the court It will be taken into consideration when judging.
(3) Tail and attachments 1. To the sending authority, write in two lines: Sincerely, XXX People’s Court 2. Write on the lower right: Respondent: XXX (signature or seal) and indicate the year and year. Month, day. 3. Attachment: indicate: (l) X copies of this defense; (2) XX (name) pieces of exhibits or documentary evidence.
Requirements for the writing format of a defense statement
A defense statement is a reply and rebuttal to the plaintiff’s complaint. Generally, the following content should be included:
(1) Information about both parties; state the name, gender, date of birth, ethnicity, place of origin, occupation, and address of the respondent and the respondent in turn. If the respondent has a litigation agent or authorized agent, his identity should also be stated.
In the cause of action section, state the complaint or appeal of the case for which the respondent files a defense. The text must state who the parties are and what the other party’s cause of action is. The general expression is: ?Because of this case, the defense is proposed as follows: ?.
(2) Text: Reasons for defense and request for defense.
Answer or rebuttal to the plaintiff’s claim; including factual basis; relevant evidence; legal basis;
(3) Tail: which court it was served to, time of defense and name of the respondent, Attachments etc.
The defense does not need to be long, but it must grasp the key points, especially those contents in the complaint that are inconsistent with the facts, lack evidence, and lack legal basis, and conduct systematic defense to facilitate the court during the trial. Determine whether the plaintiff's claims are factual and have legal basis, so as to make a correct decision.
XXXXXX Matters Reply
Respondent: Name, gender, date of birth, ethnicity, education level, work unit, occupation, address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)
Respondent: name, gender, date of birth, ethnicity, education level, work unit, Occupation, address. (If the respondent is an organization, the name of the organization, the name and position of the legal representative, and the address of the organization should be stated)
The respondent is making a defense due to the case of XXXX (state the cause of the case, that is, the nature of the dispute) As follows:
Request matters: (State the purpose of the defense)
Facts and reasons: (State the factual and legal basis for the defense, which should be specific to the plaintiff, appellant, The complainant, that is, the respondent, shall state the facts and laws on which the prosecution, appeal, and complaint are based and the reasons why the claim cannot be established)
Sincerely
XXXX People's Court< /p>
Respondent: (signature or seal)
XXXX, XX, XXXX, XXXX
Attached: X copies of this defense (determined by the number of respondents number of copies).
(Note: The formats of defense statements in civil, administrative and criminal private prosecution cases are basically the same)