What information should be prepared for prosecution? Law has always been a very important thing in our life, and more people are gradually popularizing legal knowledge, so they will sue others when their rights and interests are infringed. What information should be prepared for prosecution?
What materials should be prepared for prosecution? 1 copy of the original indictment 1, and submit a copy of the indictment according to the number of the other party (defendant, third party). (Signature: A natural person must sign by hand; The legal person or other organization shall affix its official seal and the legal representative's autograph).
Copy of the plaintiff's identity certificate (if the plaintiff is a natural person, submit a copy of the ID card or other valid identity certificate; If the plaintiff is a legal person or other organization, it shall submit a copy of the business license, a copy of the organization code certificate and a copy of the identity certificate of the legal representative. If the defendant is a natural person, submit a copy of his identity card or household registration certificate and a certificate of habitual residence (unless otherwise provided by law). If the defendant is a legal person or other organization, a copy of the computer consultation form for industrial and commercial registration or other practice license shall be submitted.
In a case where the defendant's whereabouts are unknown, in addition to his identity certificate, he shall also submit the certificate of his whereabouts issued by the relevant department. Submit the original evidence supporting your claim (fill in the evidence transfer list as required and put it on the first page of the copy of evidence), and submit the copy of evidence according to the number of the other party (same as above).
Confirmation of address and delivery method of both parties (submitted as required). At the time of prosecution, if an application is made, an application for property preservation and a complaint shall be submitted separately. To apply for freezing bank deposits, the bank, account name and account number shall be provided; To apply for other property preservation, the name, quantity and location of the property shall be provided. And provide proof of ownership of property preservation collateral. Where an agent is entrusted to represent the litigation, a power of attorney signed or sealed by the client shall be submitted.
Note: Organization code certificate of computer consultation form for industrial and commercial registration (which can be inquired and printed at district and municipal industrial and commercial bureaus) (which can be issued at the registration management center of district and municipal institutions).
What materials should be prepared for prosecution? According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), when we file a lawsuit, the person who files the lawsuit must have an interest in the prosecution, have a clear defendant, have specific claims, facts and reasons, and the case under prosecution belongs to the jurisdiction of the prosecution court.
Then it can be concluded that as a person who owes money, he should prepare his own identity information, including the original and copy of identity information such as ID card, household registration book, passport, residence permit for compatriots from Hong Kong, Macao and Taiwan, and business license. The identity information of the defendant, including documents, is the same as that of the plaintiff; Civil indictment and evidential materials.
Then, the prosecutor (plaintiff) should prepare a general identity information, and the debtor (defendant) should also prepare a copy; The name, nationality, date of birth, household registration (address), contact information and ID number of the plaintiff (debtor) and the defendant (borrower) shall be stated in the complaint; The request for prosecution shall specify the amount of repayment requested by the other party, and the repayment interest and legal fees of the case shall be borne by the defendant;
In addition, the relationship between the original defendant, the time of borrowing, the purpose of borrowing and the agreement on the time of borrowing should be clearly written. According to your actual situation, then state that the defendant does not pay back the money, and the plaintiff hopes to solve the dispute through court judgment. Finally, indicate which court the indictment was submitted to, the prosecutor signed it, and indicate the time of prosecution. This is a complete indictment.
The indictment is generally provided according to the number of defendants. For example, if the defendant (debtor) is Zhang San, then two indictments must be submitted, one for the court and one for Zhang San.
Write the indictment and finally submit the evidence. Evidence should be written in the list of evidence, that is, the list of evidence submitted. The evidence of arrears is generally: loan contracts, IOUs, bank (WeChat, Alipay) and other transfer flows. When borrowing money, WeChat, SMS, chat records, total telephone memories, and relevant evidence of asking for arrears can all be submitted to the court to prove the existence of borrowing facts.
Generally, copies of evidence materials are submitted, which involve audio and video evidence. Need to submit the burned version of the CD and printed materials. The amount of evidence submitted is the same as that of the indictment.
What materials should be prepared for prosecution? 3 What materials should be submitted for prosecution?
Materials to be submitted when a natural person (individual) files a lawsuit.
1. A complaint, also known as an indictment, is necessary to bring a lawsuit to the court and explain the case and the legal documents we advocate. (For specific writing, please refer to the article "Basic Forms and Writing Essentials of Civil Complaints" written by me.
Need to submit: 1 original indictment, and submit the number of copies according to the number of opponents. (that is, if there are several opponents, submit several copies, and then add 1 in court. )
2. Materials to prove the identity of the parties.
Need to submit: 1 copy of ID card. Without an ID card, you can also submit a copy of temporary id card and a copy of your household registration book.
If you have a copy of the other party's ID card or household registration book, you can also submit it together. If not, if there is the name and address of the other party, it can be stated in the complaint.
3. Basic evidence to prove your claim.
Need to submit: 1 piece of evidence, depending on the specific case. For example, divorce cases should provide copies of marriage certificates, and debt cases should provide copies of IOUs and IOUs. The original is usually submitted at the trial.
4. Authorization and entrustment procedures.
If an attorney is entrusted, 1 power of attorney and 1 official letter from the law firm are required.
If a non-lawyer is entrusted as an agent, it is required to submit: power of attorney 1 copy, client's ID card 1 copy.
Of course, in any case, the parties can handle it by themselves, and there is no need to entrust an agent.
Materials to be submitted by a legal person (unit) when suing.
1 and 1 originals of the indictment, and make copies according to the number of the other party, with the official seal and the signature of the legal representative.
(Same as the requirement for natural person to sue)
2. 1 copy of business license.
Used to prove the subject qualification of the parties. (The function is the same as the copy of personal ID card. )
3, the legal representative (person in charge) certificate 1 copy, issued by the unit, build official seal.
1 Copy of ID card of legal representative.
4. Basic evidence to prove the claim.
Due to different cases, the evidence submitted is also different. Basic evidence is enough, you don't need to submit it all. (Other requirements for prosecuting natural persons)
5. Authorization procedure.
If yes, submit it; If there is no entrustment, it will not be submitted. (Other requirements for prosecuting natural persons)
Matters needing attention
The complaint should be signed or fingerprinted. The unit shall be stamped with the official seal and signed by the legal representative.
Generally, only copies of materials can be submitted. If the court staff asks for the original, pay attention to asking for the evidence receipt.
A copy of the ID card generally requires both sides to be copied on a piece of paper at the same time.
The page format of the materials collected by the court requires A4 printing paper size. If it is smaller than A4 paper, paste it on blank A4 paper. If it is larger than A4 paper, it should be folded and pasted on A4 paper, but it cannot affect the opening.