General procedure of court hearing

Book: (Attention) The court discipline is hereby announced.

Book: All stand up and invite the presiding judge to enter the court.

(The presiding judge and his party are seated)

Book: report to the presiding judge that all the parties and agents ad litem in this case are present in court. Please hold a court session.

Judge: Sit down.

Trial: Now check the identities of the parties and their agents ad litem.

Plaintiff, your name, gender, age, nationality, occupation and residence.

Plaintiff: (short answer)

Trial: The name, occupation and age of the agent entrusted by the plaintiff, and the relationship with the plaintiff?

Attorney of Plaintiff: (Answer omitted)

Trial: defendant, your name, gender, age, nationality, occupation and residence.

Defendant: (Short answer)

Trial: The name, occupation, age of the entrusted agent of the defendant, and the relationship with the defendant?

Defendant's agent: (omitted)

Trial: Now read the power of attorney. (omitted)

The plaintiff is read by the jury before the defendant. )

Trial: plaintiff, do you have any objection to the other party's appearance in court?

Plaintiff: No objection.

Trial: defendant, do you have any objection to the other party appearing in court?

Defendant: No objection.

Trial: After examination, the parties and their agents ad litem comply with the law and are allowed to participate in the litigation in this case.

Trial: The case of _ _ _ _ was heard in public today. According to the provisions of Articles 40, 128 and 130 of the Civil Procedure Law of People's Republic of China (PRC), our hospital is composed of _ _ _ _ people, with _ _ _ _ as the presiding judge and _ _ _ _ _ as the court record. According to the provisions of Articles 45, 50, 51, 52 and 64, paragraph 1 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the right to entrust agents ad litem to apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement. The plaintiff may give up or change the claim, the defendant may admit or refute the claim, and both parties may file counterclaims. The parties may consult and copy the trial materials of this case according to the regulations of the Supreme People's Court. It is the responsibility of the parties to provide evidence to prove their claims. The parties must exercise their litigation rights, abide by the litigation order, and consciously perform legally effective judgments, rulings and conciliation statements. The name and position of the judge and the litigation rights of the parties have been informed above. Did the client hear you clearly?

Plaintiff, do you hear me clearly?

Plaintiff: Listen carefully.

Trial: Defendant, did you hear clearly?

Defendant: Listen carefully.

Trial: If both parties think that the collegial panel and the clerk of this case are under any of the following circumstances, they may put forward reasons to apply for withdrawal.

1. is a close relative of the party in this case or an agent ad litem of the party.

2. Have an interest in this case.

3. Having other relations with the parties to the case, which may affect the fair trial of the case,

Trial: Plaintiff, do you apply for withdrawal?

Original: No application.

Trial: defendant, you apply for withdrawal/

Yes: Not applicable.

Trial: According to Article 124 of the Civil Procedure Law of People's Republic of China (PRC), a court investigation is now under way.

Now the plaintiff reads the indictment,

Plaintiff: (omitted)

Trial: Does the plaintiff have any supplementary statements besides those stated in the complaint?

Plaintiff: No. ..

Trial: Now the defendant will read the defense (that is, the agent's larger title).

Defendant: (omitted)

Trial: Does the defendant have any supplementary statement besides the defense?

Defendant; number

Trial: the plaintiff shall provide evidence to the court,

Attorney of the plaintiff: (omitted)

(note; The bailiff gets the evidence from the plaintiff's agent, submits it to the clerk for filing, then hands it over to the presiding judge, then hands it over to the defendant, and finally returns it to the judicial power. )

Trial: Does the defendant have any objection to the evidence presented by the plaintiff?

Defendant's agent: No objection. (Authenticity, Legality and Relevance)

Trial: The plaintiff has an unlicensed person to testify in court.

Plaintiff's lawyer: Yes.

Trial: summon witnesses to appear in court.

Trial: witness's name, gender, age, occupation and residence, and your relationship with the plaintiff?

Witness: (omitted)

Trial: According to Articles 70 and 102 of the Civil Procedure Law of People's Republic of China (PRC), all units and individuals who know the true situation of the case are obliged to testify in court. Whoever forges, conceals or destroys evidence or commits perjury shall bear legal responsibility. Did the witness hear clearly?

Witness: Listen carefully,

Trial: (Question omitted)

Trial: plaintiff, do you need to ask the witness questions?

Plaintiff's lawyer: Yes. (Question omitted)

I quit.

Trial: defendant, do you need to ask the witness questions?

Defendant's agent: Yes. (Question omitted)

I quit.

Judge: Witness, is your answer just true/

Witness: true/

Trial: The witness withdrew.

Trial: the defendant has an unlicensed person to testify in court/

Defendant's agent; Yes

Trial: summon witnesses to appear in court.

Trial: witness's name, gender, age, occupation and residence, and your relationship with the defendant?

Witness: (omitted)

Trial: According to Articles 70 and 102 of the Civil Procedure Law of People's Republic of China (PRC), all units and individuals who know the true situation of the case are obliged to testify in court. Whoever forges, conceals or destroys evidence or commits perjury shall bear legal responsibility. Did the witness hear clearly?

Witness: Listen carefully,

Trial: (Question omitted)

Trial: plaintiff, do you need to ask the witness questions?

Plaintiff's lawyer: Yes. (Question omitted)

I quit.

Trial: defendant, do you need to ask the witness questions?

Defendant's agent: Yes. (Question omitted)

I quit.

Judge: Witness, is your answer just true/

Witness: true/

Trial: The witness withdrew.

Trial: Does the plaintiff have any other evidence to provide to the court/

Plaintiff's agent: I have produced the investigation record.

(omitted)

Trial: Does the defendant have any other evidence to provide to the court?

Defendant's agent: No. ..

Trial: Now the court investigation is over.

(Judge's questioning session? )

(Question link between the original defendant and the defendant? )

Trial: According to Article 127 of the Civil Procedure Law of People's Republic of China (PRC), the court debate is now going on.

The plaintiff has his agent ad litem to speak,

Plaintiff's agent: (Read the brief words of the agent. )

Trial: Does the plaintiff have anything to add to the agency's opinion?

Plaintiff: No. ..

Trial: Did the defendant and his agent ad litem speak?

Defendant's agent: (read the brief words of the agent)

Trial: Defendant, do you have anything to add to our opinions?

Defendant: Yes (omitted)

Trial: Now the debate is over, and all parties present their final opinions.

Plaintiff,

Plaintiff's lawyer: (brief statement)

Trial: The defendant made a final statement.

Defendant's agent: (brief statement)

Trial: The court debate is over, according to Article 85 of the Civil Procedure Law of People's Republic of China (PRC). Now mediate.

Plaintiff, are you willing to accept mediation?

Plaintiff: I don't want to.

Trial: Defendant, are you willing to accept mediation?

Defendant: I do.

Trial: Mediation failed. We will adjourn for 20 minutes.

Trial: We will continue the trial now. Make a court decision.

Book: All rise.

Trial: (read out the judgment)

Book: Please ask the presiding judge and the judge to retire.

Signature of both parties and participants in litigation. (You can only modify your own statement)