Civil appeal
Plaintiff: ×××, address ...
Legal representative/person in charge: ×××, … (indicate the position), contact information: ….
Authorized agent ad litem: ×××, ...
Defendant: ×××, ...
..... (here, state the names and other basic information of the parties and other participants in the proceedings)
Claim: ...
Facts and reasons: ...
Evidence and sources of evidence, names and residences of witnesses: …… (This item can be omitted and replaced by a list of evidence)
I am here to convey
Xxxx people's court
Prosecutor (official seal and signature)
* * * * Year * * Month * * Day
Attachment: X copies of this complaint.
List of evidence
explain
1. This model is formulated in accordance with the provisions of the first paragraph of Article 120 and Article 121 of the Civil Procedure Law of People's Republic of China (PRC) on legal persons or other organizations bringing civil actions.
2. The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
3. If an agent ad litem is entrusted during the prosecution, the basic information of the agent ad litem shall be stated.
4. If the defendant is a natural person, the name, gender, work unit, address and other information shall be stated; If the defendant is a legal person or other organization, it shall specify the name, domicile and other information.
5. If the plaintiff directly lists the third person in the complaint, it shall be deemed that he has applied to the people's court for adding a third person to participate in the lawsuit. Whether to notify the third party to participate in the litigation shall be examined and decided by the people's court.
6. The complaint shall be stamped with the seal of the unit and signed by the legal representative or principal responsible person.
Here, the old lawyer added some notes:
The copy of the civil complaint is not a copy, but the original and the copy are the same, and the litigation documents submitted to the people's court are called the original; The litigation documents served on the defendant by the people's court are called copies, one for the court, one for yourself and one for each defendant. Note that if there are three defendants, you should submit five copies.
The only difference between the original and the copy is that there are X copies of this complaint behind the original, but there is no copy, because the original is for the court.
Of course, these originals or copies must be remembered that the plaintiff's autograph is legally binding.
Second, the amount of evidence needs to be clear, make a list of contents, indicate the name of the evidence, the number of pages, the object of proof and other matters, and submit it to the court!
III. Follow-up Tips: After going through the formalities and submitting relevant evidence materials, we will give the result of whether to file a case within seven days, and handle the filing procedures for those who meet the conditions for filing a case; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law. Pay the case acceptance fee and other litigation fees in advance within seven days after receiving the acceptance notice. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If the fee is not paid within the time limit or the written application for deferment, reduction or exemption is not approved, the court will rule that the lawsuit will be withdrawn automatically. After general acceptance, it is enough to actively cooperate with the court to go through judicial procedures.
Ok, that's all for today's sharing. The old lawyer repeatedly told everyone that if the legitimate rights and interests were violated, don't be impulsive. You must protect your own safety first. As long as you act in accordance with the law, our laws will certainly safeguard our rights and interests.