Current location - Trademark Inquiry Complete Network - Futures platform - How to prosecute when the statute of limitations has expired?
How to prosecute when the statute of limitations has expired?
If you want to sue after the limitation of action, you need to submit materials to prove that you are qualified to sue, and there is a clear defendant in the dispute case. In addition, you need to submit an indictment when you sue. In the indictment, you need to state the request for prosecution and write clearly the facts related to the case.

First, how to sue after the statute of limitations?

After the expiration of the limitation of action, the following materials can still be submitted for prosecution:

1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.

2. According to the principle of who advocates who gives evidence, the plaintiff shall submit the following materials when suing the court:

(1) The materials of the plaintiff's subject qualification.

(2) Evidence to prove the plaintiff's claim.

3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is checked by the court undertaker, the undertaker shall include it in the list of evidence.

Signature and seal, one for the parties and one for the record.

4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance.

6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.

Second, what materials do you need to write when you are sued?

1. The materials to be written by the defendant are mainly the defense, and the defendant shall submit the defense within 15 days from the date of receipt.

The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

If the defendant fails to submit the defense, it will not affect the trial of the people's court.

2. If the defendant disagrees with the jurisdiction of the case, he may also request the transfer of jurisdiction within the limitation period.

After the people's court accepts the case, if the parties have objections to the jurisdiction, they shall raise them during the period of submitting the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected.

If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court against whom the lawsuit is filed has jurisdiction, except those that violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.

It is a way to solve disputes by suing the court after disputes occur, but not all disputes can be prosecuted after they occur. In other words, the prosecution needs to meet certain conditions. According to the current law, whether the limitation of action expires does not affect whether it meets the conditions for prosecution.