If the defendant in the first instance of the civil lawsuit wins the lawsuit, and the other party ha

No, the second-instance litigation fee should be paid in advance by the appellant. When a judgment is pending, it is generally confirmed in the judgment that the losing party bears the burden, and it may also be shared. In the case of an appeal in a property case, the litigation fee shall be calculated and charged separately according to the appeal request for the part of the appeal against the judgment of the first instance.

Article 7 of the Measures for Payment of Litigation Fees The case acceptance fee includes:

1) First-instance case acceptance fees;

2) Second-instance case acceptance fees;

3) In retrial cases, the case acceptance fee that needs to be paid in accordance with the provisions of these Measures.

There is still a fee for the second instance, and the payment method is the same as that for the first instance. Whoever appeals shall pay in advance, and after the judgment is handed down, it shall be paid according to the regulations.

If the losing party in a civil lawsuit is dissatisfied with the judgment and chooses to appeal, it needs to pay an appeal fee. The litigation costs of an appeal case shall be paid in advance by the appellant when he submits the appeal petition to the people's court. If both parties file an appeal, the two parties to the appeal shall submit the advance file separately.

Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment.

Legal analysis

According to the relevant legal provisions, if both parties are dissatisfied with the first-instance judgment of the people's court at any level, they may file an appeal within 10 days before the judgment takes effect. To appeal, an appeal petition needs to be submitted, stating the basic information of the parties, the cause of action and the verdict, and explaining the specific request for the appeal, whether it is to request that the original judgment be revoked, the judgment changed, or that the original judgment be partially modified. In general, the litigation fees in civil litigation are paid in advance by the parties when filing a lawsuit or appeal, and the losing party bears the burden after the judgment is completed, and if the lawsuit is partially lost, the people's court shall pay the litigation fees.

In cases where an appeal is conducted through the original people's court, the original people's court needs to transfer the appeal petition and the case file, relevant evidence, and other materials to the people's court at the level above within three days of the defendant submitting the appeal brief, and send a copy of the appeal petition to the opposing party.

Legal basis

Measures for Payment of Litigation Fees》 Article 22: Plaintiffs are to pay case acceptance fees within 7 days of receiving the people's court's notice of payment of litigation fees; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed. The case acceptance fee for an appeal case is to be paid in advance when the appellant submits the appeal petition to the people's court. If both parties file an appeal, they shall be submitted separately.

Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days. The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court. Where a party fails to pay litigation fees within the time limit and fails to submit an application for judicial assistance, or where the application for judicial aid is not approved and the litigation fees are not paid within the time limit designated by the people's court, the people's court is to handle it in accordance with relevant provisions.

Criminal Procedure Law of the People's Republic of China》 Article 227:Defendants, private prosecutors, and their legally-designated persons who are dissatisfied with the first-instance judgment or ruling of a local people's court at any level have the right to appeal to the people's court at the level above in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent. Parties to attached civil litigation and their legally-designated persons may appeal the attached civil litigation portion of the first-instance judgment or ruling of the local people's court at all levels.

The right of appeal of the accused shall not be deprived under any pretext.

Legal analysis: If the court of second instance rejects the appeal and Zaoyou upholds the original judgment, the appeal costs of the second instance shall be borne by the losing appellant; 2. If the people's court of second instance changes the judgment or ruling made by the people's court of first instance, the appellee shall generally bear the costs of the appeal, and the court of second instance shall accordingly change the burden of the people's court of first instance on the litigation costs.

3. If the case is mediated by the court of second instance, the litigation costs (including appeal fees) shall be settled by the parties through negotiation; Where negotiation fails, the people's court shall make a decision.

Legal basis: Measures for Payment of Litigation Costs

Article 30: Where the second-instance trial court modifies the first-instance trial court's quietly delayed judgment or ruling, it shall accordingly change the first-instance trial court's decision on the transportation and sale of stools bearing litigation costs.

Article 31: In cases where an agreement is reached through mediation by the people's courts, the burden of litigation costs is to be resolved through negotiation between the parties; Where negotiation fails, the people's court shall make a decision.

Summary. That is to say, for an appeal filed by the defendant, the defendant shall first pay the appeal fee, and the court will make a judgment after hearing the appeal to determine the bearing of the appeal fee.

After winning the first instance, the defendant is not satisfied, the defendant appeals, I am the plaintiff, do I still need to pay attorney's fees and appeal fees?

Hello, I am a cooperative consulting lawyer, I have received your question, I need a little time to answer, wait a minute.

According to the final judgment of the court, the appeal fee shall be paid by the appellant in advance and borne by the losing party.

That is to say, for an appeal filed by the defendant, the defendant shall first pay the appeal fee, and the court will make a judgment after hearing the appeal to determine the bearing of the appeal fee.

The case acceptance fee is to be paid in advance by the plaintiff, a third party with independent claims, and the appellant.

The case acceptance fee is to be paid in advance by the plaintiff, a third party with independent claims, and the appellant.

The case acceptance fee is to be paid in advance by the plaintiff, a third party with independent claims, and the appellant.

The litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them.

After the case is concluded, the people's court shall notify the parties in writing of a detailed list of the litigation costs and the amount that the parties should bear, and at the same time indicate in the judgment, ruling, or mediation document the amount that each party shall bear.

After the case is concluded, the people's court shall notify the parties in writing of a detailed list of the litigation costs and the amount that the parties should bear, and at the same time indicate in the judgment, ruling, or mediation document the amount that each party shall bear.

In trial practice, where the defendant verbally expresses his grievances after the first-instance judgment or ruling is announced or served, but does not explicitly express his appeal, the adjudicators shall explain to him the meaning of the right to appeal and the stupidity of the appeal procedure. Where the defendant expresses an appeal after explanation, it shall be handled as an appeal; If Li Lupei's explanation still does not clearly indicate that the appeal is made, it cannot be handled as an appeal.

That is to say, for an appeal filed by the defendant, the defendant shall first pay the appeal fee, and the court shall make a judgment after hearing the rent of the family potatoes to determine the bearing of the appeal costs.

Attorney fees are borne by the party receiving the lawyer's services, and if you have a lawyer, you will need to pay the attorney's fee. If you have hired a lawyer, the court will determine the cost of the second trial stage according to your retention contract.

The case acceptance fee is required to pay the appeal fee in the case of the second instance. It is the fee charged to the party in accordance with the law after the people's court decides to accept the lawsuit filed by the party. The case acceptance fee can be divided into: non-property case acceptance fee.

For example, in the case of divorce, infringement of citizens' portrait rights, reputation rights, and other lawsuits brought due to personal or non-property relationships, the people's courts shall collect fees from the parties in accordance with law.

Legal analysisThe litigation costs of an appeal case shall be paid in advance when the appellant submits the appeal petition to the people's court, and where both parties have filed an appeal, the two parties to the appeal shall pay in advance separately. If the appellant does not pay the litigation fees in advance within the appeal period, the people's court shall notify the appellant to make the advance payment. If the appellant fails to make the advance payment within 7 days after receiving the notice from the people's court to pay the litigation fees in advance and does not submit an application for deferment of payment, the appeal shall be handled as an automatic withdrawal.

The cost of the appeal is the same as that of the first instance proceedings. According to the provisions, the appellant can appeal directly to the people's court of second instance or through the people's court of first instance. Where the appellant appeals through the original people's court, the original people's court shall transfer the appeal petition to the people's court at the level above within 3 days, together with the case file and evidence.

However, in non-property cases, the following standards are applied: 50 to 300 yuan per divorce case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the brigade bucket.

For other non-property cases, 50 to 100 yuan per case shall be paid.

Legal basisMeasures for Payment of Litigation Fees》 Article 10: Parties applying to the people's court for the following matters in accordance with law shall pay the application fee: (1) An application for enforcement of a legally effective judgment, ruling, or mediation document of a people's court, an award or mediation document made by an arbitration institution in accordance with law, and a creditor's rights document that a notary public has given compulsory enforcement effect in accordance with law; (2) applying for preservation measures; (3) Application for a payment order; (4) Applying for publicity and reminders; (5) applying for revocation of the arbitral award or determination of the validity of the arbitration agreement; (6) Applying for bankruptcy; (7) Application for maritime injunctions, general average adjustments, establishment of limits on maritime liability**, registration of maritime claims, and reminders of ship priority; (8) Application for recognition and enforcement of foreign court judgments and rulings and foreign arbitration awards.

Lawyer analysis

Payment of fees is sub-standard.

The general case acceptance fee shall be paid according to the following standards:

1) In property cases, according to the amount or value of the litigation claim, it is to be paid cumulatively in accordance with the following proportions:

1.if it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2.The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3.The part exceeding 100,000 yuan to 200,000 yuan shall be paid at 2%;

4.The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

Kai bends to eliminate 5The part exceeding 500,000 yuan to 1 million yuan shall be paid at 1%;

6.The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;

7.The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;

8.The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;

9.The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

10.The part exceeding 20 million yuan shall be paid according to the payment.

2) Non-property cases shall be paid in accordance with the following standards:

1.Divorce cases are subject to a fee of $50 to $300 per case. If the division of property is involved, and the total amount of property does not exceed 200,000 yuan, no additional payment shall be made; The part exceeding 200,000 yuan shall be paid according to the payment.

2.In cases of infringement of the right to name, title, portrait, reputation, honor and other personality rights, 100 to 500 yuan shall be paid for each case. If compensation is involved and the amount of compensation does not exceed 50,000 yuan, no additional payment shall be made; The part exceeding 50,000 yuan to 100,000 yuan shall be paid at 1%; The part exceeding 100,000 yuan shall be paid according to the payment.

3.For other non-property cases, 50 to 100 yuan per case shall be paid.

3) In civil cases of intellectual property rights, if there is no disputed amount or price, 500 yuan to 1,000 yuan shall be paid for each case; Where there is a disputed amount or price, it is to be paid in accordance with the standards for property cases.

4) 10 yuan for each piece of labor dispute case.

5) Administrative cases are to be paid in accordance with the following standards:

1.100 yuan for each trademark, patent, and maritime administrative case;

2.For other administrative cases, 50 yuan shall be paid for each case.

6) Where a party raises an objection to the jurisdiction of the case, and the objection is not sustained, 50 to 100 yuan shall be paid for each case. The people of provinces, autonomous regions, and municipalities directly under the Central Government may, in light of the actual local conditions, formulate specific payment standards within the range provided for in items (2), (3), and (6) of this article.

Article 13 of the Measures for Payment of Litigation Costs.

I am the plaintiff in the first instance, and I have already paid the litigation fees of the first instance, and I will pay the litigation fees of the second instance, and then pay the litigation fees of the second instance?

Hello! I am glad to answer for you: Originally, the litigation fees of the second instance had to be paid to the court of second instance.

1.At present, the account of the court is the lead fiber account for the financial department, and the account of Moling in the court of first and second instance is separated from the relatives, so the court of first instance has no way to collect it on its behalf. 2.

If you are not comfortable paying, you can also go to the bank to make a transfer. Hope mine helps you! Hope.

If the appellant still fails to pay the litigation fees within 7 days after receiving the notice from the people's court to pay the litigation fees in advance, and fails to submit an application for deferment of payment, the appeal shall be automatically withdrawn. As for the question of what to do if the appeal fee is not paid after the appeal of a civil case, I will answer it for you in detail below.

1. What should I do if the appeal fee is not paid after the appeal of a civil case?

1. If the appellant still fails to pay the litigation fees within seven days after receiving the notice from the people's court to pay the litigation fees in advance, and fails to submit an application for deferment of payment, the appeal shall be automatically withdrawn. At this time, if the appeal period has expired, the first-instance judgment or ruling will take legal effect. If, after examination, the case filing division finds that the reasons for the deferment of payment of litigation fees cannot be established, it shall make a decision not to defer the payment of litigation fees and issue a notice of advance payment of litigation fees to the appellant.

If the appeal is not submitted within the time limit, the case filing division shall rule to handle it as a withdrawal of the appeal.

2. Legal basis: Article 4 of the Measures of the Supreme People's Court on the Collection and Payment of Litigation Fees in Various Cases of this Court, if the appellant does not pay the litigation fees in arrears or does not submit an application for deferral, reduction or exemption of litigation fees within seven days from the day after receiving the notice of advance payment of litigation fees from our court, and there is no other legitimate reason, the case filing division shall rule to handle it as a withdrawal of the appeal.

2. What are the contents of the above-mentioned civil pleadings?

The appeal shall be filed with a copy of the appeal brief, according to the number of opposing parties, and the appeal fee shall be paid in advance. The appeal brief shall clearly state the names of the appellant and the appellee (legal persons shall indicate the name of the legal person and the name and position of the legal representative) and other basic information, the name of the original people's court, the cause of action and number, the request and reasons for the appeal, and so forth.

The appeal petition shall generally be sent to the original people's court, and the appeal case acceptance fee shall be paid in accordance with provisions, and the original people's court shall transfer it to the people's court at the level above. The appellant may also appeal directly to the people's court at the level above the original people's court. Appeal cases accepted by people's courts shall generally have the original and a copy of the appeal petition.

The content of the appeal petition shall include: the document number of the first-instance judgment or ruling and the time when the appellant received it; the name of the court of first instance; the request and grounds for appeal; the time when the appeal was filed; Signature or seal of the appellant. If the defendant's defender or close relatives submit an appeal with the defendant's consent, the relationship between the person making the appeal and the defendant shall also be clearly stated, and the defendant shall be the appellant.

Where the defendant, private prosecutor, plaintiff in attached civil litigation, or defendant submit an appeal orally because they have real difficulty writing an appellate brief, the first-instance trial court shall make a record based on the reasons and requests they have stated, and after the appellant reads or reads it to them, the appellant shall sign or affix a seal.

To sum up, civil litigation implements a two-instance final adjudication system, and the court makes a first-instance judgment, and if the losing party is not satisfied, it may appeal to a higher court. The time limit for appealing against a losing civil lawsuit is 15 days, that is, the losing party can prepare the appeal petition and other materials within 15 days after receiving the judgment to prepare for the appeal. After the court accepts the case, it will notify the parties to pay the case acceptance fee and other fees.