How to write an application for litigation 1 1. Preservation of litigation property
In civil proceedings, if a judgment cannot be executed or is difficult to be executed due to one party's behavior or other reasons, the other party may apply to the people's court for property preservation, and whether to take property preservation measures shall be examined and decided by the people's court.
(1) When applying for property preservation, the parties concerned shall provide clues about property preservation:
1. If the property right is a motor vehicle, provide the vehicle number and vehicle ownership certificate;
2. If the property right is real estate, the name of the real estate premises and the obligee shall be provided, and the real estate registration materials issued by the real estate registration agency shall be provided;
3. If the property is a personal bank deposit, provide the name of the bank, the name of the depositor, the ID number and the account number;
4. If the property is deposited by the company, provide the name and account number of the opening bank;
5. If the property is stock or stock account funds, the shareholder account number and the designated securities trading place shall be provided;
6. For other properties, details such as the name, type, specification, quantity, value, owner and location of the property and relevant evidence shall be provided.
(2) When the parties apply to the people's court for property preservation, they shall provide a guarantee. The guarantee can be cash, kind and good faith.
1. If the parties guarantee in cash, they shall pay a deposit of 30% of the subject matter of property preservation;
2, the parties to the physical guarantee, should provide the value equivalent to more than 50% of the amount of real estate or motor vehicles as a guarantee; Take off-site seizure measures to freeze the applicant's high-risk assets such as stock accounts or capital accounts and futures contracts. And provide real estate or motor vehicles with a value equivalent to more than 80% of the amount of the preservation target as a guarantee. Where a party provides a physical guarantee, it shall submit the following materials:
(1) Letter of guarantee issued by the owner of the real estate or motor vehicle, industrial and commercial registration information or guarantor's ID card.
(2) Property right certificate of real estate or motor vehicle. Where real estate is used as a guarantee, the original title certificate and the real estate registration materials issued by the real estate registration agency shall be submitted; If a motor vehicle is used as a guarantee, it shall provide the original motor vehicle registration certificate, the original vehicle and vessel use tax payment record card and a copy of the motor vehicle driving license (the original shall be submitted to the people's court for verification).
(3) If there is a physical guarantee, no mortgage or other rights may be created.
3. If a party guarantees by reputation, a legal person other than the party shall be the guarantor. The guarantor shall submit to the people's court a letter of joint and several liability guarantee, a copy of the business license of the enterprise as a legal person, the identity certificate of the legal representative, the balance sheet and profit and loss statement of the last month, and the credit certificate issued by the basic deposit account bank or the audit institution. The registered capital and net assets of the guarantor shall not be less than the amount of the property preservation target.
If the guarantor provides a false balance sheet, he will be investigated for legal responsibility according to law.
Second, evidence preservation.
Evidence preservation charges a preservation fee according to each piece of 30 yuan plus the actual preservation fee, and provides a guarantee according to the disputed amount with reference to property preservation.
Third, property preservation before litigation.
In case of emergency, if the parties do not apply for property preservation immediately, which will cause irreparable damage to their legitimate rights and interests, they may apply to the people's court for property preservation measures before bringing a lawsuit. Where a party applies for pre-litigation preservation, it shall provide an urgent basis for irreparable damage to its legitimate rights and interests if it does not apply for property preservation immediately. At the same time, in accordance with the above requirements for applying for litigation property preservation, provide property preservation clues and provide cash guarantees equivalent to the amount of property preservation. If the applicant fails to file a civil lawsuit with the people's court within 15 days after the people's court decides to take the preservation measures, the people's court will lift the property preservation measures.
How to write an application for litigation 2 Applicant: _ _ _ _ _ _ _ _ _ _, male/female, born in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Contact information: _ _ _ _ _ _ _ _ _ _ _ _.
Agent ad litem: _ _ _ _ _ _ _ _ _ _ _, male/female, _ _ _ _ _ (indicate work unit and position or occupation), contact information: _ _ _ _ _ _ _ _ _ _ _ _.
Respondent: _ _ _ _ _ _ _ _ _ _, male/female, born on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Request: _ _ _ _ _ _ _ _ _
Seal up/detain/freeze the property of _ _ _ _ _ _ _ _ _ _
Facts and reasons:
(_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
The applicant shall provide _ _ _ _ _ _ _ (indicating the name, nature, quantity, amount and location of the secured property, etc.). ) as a guarantee.
I am here to convey
_ _ _ _ _ _ People's Court
Applicant _ _ _ _ _ _ _ (signature or seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
How to write an application for litigation? 3 Li X, female, Han nationality, born on 1965 1 1, lives in Room 602, No.56, XXX Village, XX City, XX Province, with the ID number.
Your hospital has accepted the case of Li X v. Chen xx, Zhang xx, xx Taxi Service Center Co., Ltd. and XX Branch of China Pacific Property Insurance Co., Ltd., and now the plaintiff requests to change the lawsuit as follows:
The claim after the change is:
The four defendants were ordered to compensate the plaintiff for medical expenses of 23,243.14 yuan, transportation expenses of 500 yuan, glasses-matching expenses of 600 yuan, lost time expenses of 6,075 yuan, nutrition expenses of 600 yuan, nursing expenses of 4,050 yuan, and third-phase appraisal expenses of 1520 yuan, totaling 35,488.438+04 yuan.
I am here to convey
Salute!
XX Binhu District People's Court
Applicant:
20xx165438+1October 28th
How to write an application for litigation 4. Applicant (plaintiff) migrant workers
Legal representative:
Respondent (defendant) Co., Ltd.
Legal representative:
In the case of the applicant (plaintiff) v. defendant limited company, the plaintiff has requested compensation for work-related injury treatment according to law because the defendant has not made a gesture of being willing to pay compensation so far. In order to successfully realize this legal claim, a claim is now filed (increased) according to law.
Add litigation claim:
Dissolve the labor relationship between the plaintiff and the defendant Luzhou Guanyu Glass Products Co., Ltd. according to law.
The reason for this is the following：
1. According to Article 37 of China's Regulations on Industrial Injury Insurance, employees with industrial injuries have the right to demand the dissolution of labor relations and enjoy one-time medical subsidies for industrial injuries and one-time disability employment subsidies.
This article stipulates: "Employees who are disabled at work and are identified as disabled at level 7 to 10 shall enjoy the following benefits:
(a) according to the level of disability from the industrial injury insurance fund to pay a one-time disability allowance. The criteria are: level 7 disability 13 months, level 8 disability 1 1 month, level 9 disability for 9 months and level 10 disability for 7 months;
(two) the expiration of the labor employment contract, or the employee himself proposes to terminate the labor employment contract, the industrial injury insurance fund pays a one-time medical subsidy for work-related injuries, and the employer pays a one-time disability employment subsidy. Specific standards for one-time medical subsidies for work-related injuries and one-time disability employment subsidies shall be formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. "
Second, the defendant did not pay social insurance premiums for the plaintiff. According to the provisions of Article 38 of China's Labor Contract Law, the plaintiff, as a worker, has the right to demand the termination of the labor contract and the employer to pay economic compensation;
3. At present, the defendant and the plaintiff are in the state of not concluding a labor contract, but there is a factual labor relationship. According to the principle of labor contract law, in this case, the laborer himself has the right to terminate the factual labor relationship with the defendant at any time.
In order to safeguard their legitimate rights and interests, according to the relevant provisions of the "People's Republic of China (PRC) Civil Procedure Law", an additional lawsuit is filed, please try it together!
I am here to convey
People's court
Requester;
Legal representative:
Specially authorized agent:
Date:
How to write an application for litigation 5 Applicant:
20xx 10 year1October 26th.
Compensation list
1. Medical expenses: 73,040.62 yuan.
2. Nursing expenses: 10875 yuan (55 days in hospital, 90 days in bed after discharge, *** 145 days, 75 yuan every day).
3. Lost time: 19505 yuan (55 days in hospital, 0/80 days in hospital, 235 days in 83 yuan every day).
4. Hospitalization food allowance: 825 yuan (55 days of hospitalization per day 15 yuan).
5. Nutrition fee: 3,000 yuan
6. Transportation fee: 3,503.5 yuan.
7. Disability compensation: 1, 4 1, 597 yuan (of which the living expenses of the dependents are 32 1, 6 1 yuan; 27359×20 years× 20% =109436 yuan; 109436+32161=141597 yuan)
8. mental damage compensation: 1 ten thousand yuan.
9. Disability appraisal fee: 1200 yuan.
10, motorcycle loss: 4,000 yuan.
Total: 267,546.12 yuan.
The defendant has paid medical expenses of 75,964.62 yuan, and the three defendants still need to compensate 19 158 1.5 yuan.
Dependent living expenses calculation list
1, father:
2. The eldest daughter:
3. Little daughter:
How to write an application for litigation 6 20xx The per capita consumption expenditure of rural residents in Zhejiang Province is 8390 yuan. Father: 8390× 1/3×20 years× 20% =1186 yuan; The eldest daughter: 8390× 1/2×9 years× 20% = 7551yuan the youngest daughter:.
Dependent's living expenses:11186+7551+13424 = 32161yuan.
Application for Change of Litigation Request II: Application for Change of Litigation Request (488 words)
Applicant: Ye X, female, 198 1 year X, Han nationality.
Address: No.20, X Lane, X City,
Contact telephone number:
Application items:
Request to change the claim in this case to:
1. Request the people's court to adjudge the defendant to jointly compensate the plaintiff for various losses of 69,670.01yuan (including medical expenses15,059.45 yuan, lost time14,078.04 yuan, nursing expenses of 3,344 yuan, hospital food subsidies of 420 yuan, nutrition expenses of 420 yuan, and transportation expenses of 67/.
2. Request the court to judge the third party to directly compensate the plaintiff for the above expenses within the compulsory insurance liability limit according to law;
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
The Municipal Intermediate People's Court decided to send the case of personal injury compensation dispute between the applicants Zhang X and Cai X and the third party, Guizhou Branch of Anbang Property Insurance Co., Ltd., back to your hospital for retrial. Now the applicant applies to your hospital for the above-mentioned change litigation request in accordance with the relevant provisions of the law, and asks your hospital to approve it!
XXX
XX，XX，XX，XX
7. How does Gongxian People's Court write an application for litigation?
Applicant: Zhou, male, 17 years old, Han nationality, from xx District, Sichuan Province, living in Group 8, xx Village, xx Town, xx District, and now living in the western suburbs.
Legal Agent: Zhou Qigui, male, 60 years old, Han nationality, from xx District, Sichuan Province, living in Group 8, xx Village, xx Town, xx District, and a villager.
At 8 o'clock in the morning on May 4th, xx, the applicant took bus q40xx6 from Sichuan to Luohai. When the vehicle reached the 47k+500m of X Road, it collided with the Sichuan q2x68 transport tractor driven by Xu X ahead. Applicant Zhou was seriously injured and disabled, and has been rescued by the First People's Hospital of xx City for many times, and now he is temporarily out of danger. Because the adopted son needs further treatment in the First People's Hospital of xx City, he has no money to pay for medical expenses and has stopped taking drugs for several days. I have no choice but to turn to your legal department to advance medical expenses for insurance companies in Sichuan q40x6 and Sichuan q28x8 to protect the property of the car. Because the family is poor, old and sick, and there is no economic income at home, I really can't afford the legal fees for this case.
Therefore, according to the Civil Procedure Law of People's Republic of China (PRC) and the relevant provisions with judicial interpretation, I hereby apply to your hospital for deferring the legal fees, and hope that your hospital will approve it.
Hereby apply
Applicant:
Date: xx year x month x day
How to write an application for litigation 8 Applicant Le XX, male, was born on ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Claim after change:
1. The defendant Chen Xx was ordered to compensate the plaintiff for medical expenses 15589.95 yuan (33,500 yuan has been deducted), lost time105,000 yuan, nursing expenses of 4,545 yuan, transportation expenses of 834.5 yuan, hospital food subsidies 1335 yuan and necessary nutrition expenses of 65 yuan.
100000 yuan;
Four. Facts and reasons for ordering defendant Chen XX:
The applicant's complaint against Chen Xxx accepted by your hospital has been submitted to your hospital by the current applicant.
I am here to convey
Applicant:
20xx.08. 10