Evidence that cannot be submitted in the first instance during the period of giving evidence can be confirmed by the judge in the second instance, but at the same time it may be reprimanded and fined by the court. The parties concerned shall provide evidence of their claims in time. The people's court shall, according to the litigant's claim and the trial of the case, determine the evidence that the litigant should provide and its time limit. If it is really difficult for the parties to provide evidence within the time limit, they may apply to the people's court for an extension of the time limit, and the people's court shall extend the time limit appropriately according to the application of the parties. If a party fails to provide evidence within the time limit, the people's court shall order it to explain the reasons. If it refuses to explain the reasons or the reasons cannot be established, the people's court may, according to different circumstances, reject the evidence, or accept the evidence but admonish it and impose a fine.

First, does the second trial re-examine the evidence of the first trial?

Evidence that has been cross-examined in the first instance does not need cross-examination in the second instance. The second trial is mainly to cross-examine the new evidence submitted by the prosecution and the changing party.

1. The court of first instance conducts cross-examination on the evidence provided by both parties, and determines the authenticity, legality, relevance, probative force and size of the evidence according to the rule of high probability and illegal evidence exclusion, combined with the law of daily life and the comprehensive situation of the case.

2. If there is new evidence, the evidence at that time is in doubt or there are other reasonable requirements. You can cross-examine it again.

Article 142 of the Civil Procedure Law

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.

Second, what is the trial of evidence in the second instance of civil litigation?

On the basis of overall understanding of the litigation materials of the original trial, the judge of second instance focuses on reviewing the evidence materials related to the appeal request. In the procedure of second instance, the appellant basically has no burden of proof. The main job of the judge of second instance is to be familiar with the evidence provided by the parties in the first instance, master the cross-examination of these evidences in the trial procedure of the first instance and the authentication of the evidence by the judge of the first instance, focusing on the evidence materials related to the appeal request and reasons, as well as the cross-examination and authentication.

At present, some second-instance procedures still require the appellant to provide the evidence provided by the original trial and re-examine the evidence in the second-instance trial. Because the evidence was cross-examined in the original trial, the judge of the second instance can master the cross-examination process and opinions by consulting the trial transcripts of the original trial, and it is repetitive to provide cross-examination evidence again in the second instance. Of course, if the appellant puts forward new opinions on the evidence provided by the original trial, whether the second trial will be retried or not should be treated according to different circumstances.

1. The appellant shall be allowed to put forward supplementary cross-examination opinions on the basis of the cross-examination opinions of the original trial to support his original claim. The appellant may put forward opinions on behalf of the second instance or during the debate in the court of second instance. The legal reasons put forward by the appellant have a process of consideration, and putting forward supplementary opinions will not cause inequality in the other party's litigation.

2. The cross-examination opinions put forward by the appellant in the second trial are inconsistent with the original trial, and the judge of the second trial should not adopt different cross-examination opinions.

Three. What if the facts recognized in the first instance are not recognized in the second instance?

The facts ascertained by the parties in the first instance can be used as the basis in the second instance. If the people's court of second instance does not present new facts, evidence or reasons for the appeal case, the collegial panel may not hold a hearing if it deems it unnecessary. In the course of litigation, the people's court shall confirm the facts and adopted evidence that the parties admit against themselves in the indictment, defense, statement and agent's statement, except that the parties repent and have evidence to the contrary that can be overturned.

According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), the people's court of second instance shall form a collegial panel to hear an appeal case. After reading papers, investigating and asking the parties, if the collegial panel does not present new facts, evidence or reasons, and thinks that it is unnecessary to hold a court session, it may not hold a court session. The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.

I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.

Legal basis: Provisions of the Supreme People's Court on Issues Related to Retrial of Civil Cases by People's Courts and Explanation of Reasons for Retrial Article 1 If the people's court of second instance remands the case to the people's court that originally tried it for retrial in accordance with Article 153, paragraph 1 (3) of the Civil Procedure Law, the same case can only be remanded for retrial once. After the people's court of first instance retries, if the people's court of second instance considers that the facts ascertained in the original judgment are still wrong, or the facts ascertained in the original judgment are unclear and the evidence is insufficient, it shall revise the judgment according to law after ascertaining the facts.