(A) How to deal with the company's prosecution
There will inevitably be many legal problems in the daily operation of the company, such as contract disputes and debt disputes, which may lead to company litigation. What is the complete company litigation process? We can divide it into the preparation before the company litigation, the process of the trial and the effectiveness of the trial.
(2) Process
I. Pre-litigation preparation
1. indictment and evidence: all materials that can prove the facts of the case belong to evidence materials. When collecting materials, you should analyze whether these materials are legally beneficial to you. If you are not sure, you can find a lawyer to choose. After you have the evidence, you need to draft a complaint, and you can ask a professional lawyer to write for you.
2. Legal fees: The fees charged by the court are basically calculated according to the amount of the subject matter of the dispute. The bigger the object of dispute, the higher the legal costs.
3. Ask a lawyer.
Second, the trial process of the case in the court
You can go to court after you have prepared for the lawsuit.
1. prosecution: prosecution is to submit a complaint and basic evidence materials to the court's filing court and request the court to accept it. The court will review the submitted materials. If the submitted materials meet the statutory conditions for filing a case, they shall be accepted and a notice of filing a case shall be received. The parties will pay the legal fees with this notice. After paying the fee, the case will be formally accepted. You can go to the next step.
2. Proof: It is to submit evidence materials to the court within a certain period of time. After the court accepts the case again, it will issue a notice of proof, which will specify the time limit for proof. All evidential materials must be submitted to the court within this time limit. Beyond this time limit, the court will not accept it. After all the evidence is submitted, the court can hold a session.
3. Hearing: The court will issue a "hearing summons", which will indicate the date, time and court.
Specific procedures during the hearing: after reading the hearing discipline, informing the rights and obligations, and asking whether to apply for withdrawal, the procedures for the parties to participate are as follows:
(1) The plaintiff states the facts and reasons first.
(2) The defendant made a reply to the plaintiff's statement.
(3) The plaintiff provides evidence and the defendant cross-examines.
(4) The defendant gives evidence and the plaintiff cross-examines.
(5) The plaintiff asks the defendant questions.
(6) The defendant asked the plaintiff questions.
(7) The plaintiff expressed his opinions on the debate.
(8) The defendant made an argument.
(9) The plaintiff's final statement.
(10) The defendant's final statement.
(1 1) court mediation.
Basically, after the trial, the next step is to wait for the court's verdict.
4. Judgment: There are basically three forms of court judgment:
(1) supports all the plaintiff's claims;
(2) Support part of the plaintiff's claims;
(3) Reject the plaintiff's claim.
After the judgment is obtained, it takes 15 days for civil proceedings and 10 days for criminal proceedings to decide whether to appeal to a higher court.
5. Enforcement: If the judgment of the court is successful, the other party is unwilling to take the initiative to fulfill the obligations determined by the judgment. Then you can submit an application for enforcement to the court with the judgment and ask the court to enforce it. If the other party voluntarily performs the obligations in the judgment, then the case is over.
The above is the basic process of a lawsuit, and the case is carried out step by step according to the above steps.
First of all, you still need to prepare relevant evidence. Of course, the most important thing is to have a reason to sue. Secondly, for the issue of bringing a lawsuit to the court, we must choose the court with jurisdiction, because if the court chooses the wrong one, it will lead to the extension of the processing time.
Extended reading:
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