Question and answer on the whole process of ordinary procedure of first instance
I. Prosecution and acceptance
(1) What are the conditions for prosecution?
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
(2) How do the parties submit the complaint? What does the complaint include?
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants.
If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
The complaint shall contain the following items:
1. The name, sex, age, nationality, occupation, work unit and domicile of the party concerned, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;
2. The request and the facts and reasons on which it is based;
3, evidence and evidence sources, witness's name and domicile.
(3) How do people's courts handle the following prosecutions?
The people's court must accept qualified prosecutions; The following prosecutions shall be handled separately according to different situations:
1. In accordance with the provisions of the Administrative Procedure Law, if it falls within the scope of accepting cases in administrative litigation, inform the plaintiff to file an administrative lawsuit;
2. In accordance with the law, both parties voluntarily reach a written arbitration agreement on contract disputes and apply to an arbitration institution for arbitration. If they cannot bring a suit in a people's court, they shall inform the plaintiff to apply to an arbitration institution for arbitration;
3, according to the law should be handled by other organs of the dispute, inform the plaintiff to apply to the relevant authorities for settlement;
4. Inform the plaintiff to bring a lawsuit to the people's court with jurisdiction for cases that are not under the jurisdiction of our court;
5. If a party brings a lawsuit against a legally effective judgment or ruling, it shall inform the plaintiff to handle it according to the complaint, except that the people's court decides to allow the withdrawal of the lawsuit;
6. According to the law, a case that cannot be prosecuted within a certain period of time shall not be accepted if it is prosecuted within the period of non-prosecution;
7. Divorce and mediation are not allowed, and cases of maintaining adoption through judgment or mediation are not accepted. If the plaintiff brings a lawsuit within six months without new circumstances or new reasons, it will not be accepted.
(4) What is the time limit for filing a case in the people's court?
The people's court shall file a case within seven days after receiving a complaint or oral prosecution, and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.
Second, the preparation before trial
What preparations should the people's court make before the court session?
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. If the defendant submits a defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
The people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally. After the members of the collegial panel are determined, the parties concerned shall be informed within three days.
If the party who must participate in the litigation does not participate in the litigation, the people's court shall notify him to participate in the litigation.
Third, the trial
(1) Should civil cases be heard in public?
The people's courts shall hear civil cases in public, except those involving state secrets, personal privacy or otherwise provided by law.
Divorce cases and cases involving commercial secrets may be heard in private upon the application of the parties.
(2) How should the people's court proceed before the court session?
Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline.
At the hearing, the presiding judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their litigation rights and obligations, and ask the parties whether to apply for withdrawal.
(3) What is the process of court investigation?
The court investigation is conducted in the following order:
(1) Statement of the parties;
(2) Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court;
(three) to produce documentary evidence, material evidence, audio-visual materials;
(4) Read the appraisal conclusion;
(five) read the record of the inquest.
(4) The rights of the parties in court?
The parties may present new evidence in court.
With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors.
If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.
(5) Under what circumstances can they be merged?
If the plaintiff adds a claim, the defendant files a counterclaim, and a third party files a claim related to this case, the trial may be combined.
(6) What is the process of court debate?
The court debate is conducted in the following order:
1, the plaintiff and his agent ad litem speak;
2, the defendant and his agent ad litem reply;
3, the third person and his agent ad litem to speak or reply;
4. Debate with each other.
At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
(6) What if the plaintiff does not appear in court?
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
(7) What if the defendant does not appear in court?
If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.
(8) Before sentencing, can the plaintiff apply for withdrawing the lawsuit?
Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether it is allowed or not shall be decided by the people's court. If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.
(9) Under what circumstances can the trial be postponed?
In any of the following circumstances, the hearing may be postponed:
1, the parties who have to appear in court and other participants in the proceedings have justified reasons not to appear in court;
2. The party concerned temporarily applies for withdrawal;
3. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-identify, conduct an inquest, or supplement the investigation;
4. Other circumstances that should be postponed.
(10) How to record the trial process?
The clerk shall record all the activities of the court hearing in the record, which shall be signed by the judges and the clerk.
The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read it in court or within five days. If the parties and other participants in the proceedings think that their statements are omitted or wrong, they have the right to apply for correction. If no correction is made, the application shall be recorded.
——————————— The code word is not easy, and the upgrade needs experience. I hope you can adopt the answer in your busy schedule.
————————— If you think it's good, please adopt the answer and give a favorable comment. I wish you a better life.
————————————————————— I hope all your wishes come true, your work goes smoothly and your life is happy in the new year.