How to write a retrial application and how to write a retrial application

Application for civil retrial.

Client:

Legal representative: **Manager.

Defendant in the original trial: The applicant for retrial ** and the respondent ** are dissatisfied with the civil judgment (ruling) made by the Intermediate People's Court on the day of *year*month*, and the applicant for retrial is hereby applying to the **Provincial High People's Court for retrial in accordance with the provisions of Article 179 of the Civil Procedure Law of the People's Republic of China.

1. Request for retrial.

1. Request to revoke the ** Intermediate People's Court (**Zhong Zi No. ** Civil Judgment *;

2. Reason for application.

Pursuant to Article 179, Paragraph 1, Item * of the Civil Procedure Law of the People's Republic of China (specific legal provisions); Paragraph 2: (Content of specific legal provisions) ......A retrial is hereby applied.

3. Specific facts and reasons.

1. Cause of application 1: Comply with Article 179, Paragraph 1, Item * of the Civil Procedure Law of the People's Republic of China, and the specific reasons are as follows:

2. Cause of application 2: Item * of Paragraph 1 of Article 179 of the Civil Procedure Law of the People's Republic of China, and the specific reasons are as follows:

To sum up......

Sincerely. * Provincial High People's Court.

Applicant: (signed and handprinted).

Enterprises, companies, etc. with official seals).

Year**month**day.

Note: A total of 6 applications for civil retrial were submitted (if the respondent or other litigants in the original trial added one more application).

In addition to the application for retrial, the applicant for retrial shall also submit the following materials:

1) If the applicant for retrial is a natural person, a copy of the identity certificate shall be submitted; If the applicant for retrial is a legal person or other organization, a copy of the business license and the identity certificate of the legal representative or principal responsible person shall be submitted. If you entrust another person to apply on your behalf, you should submit a power of attorney and a certificate of identity of the person; If the lawyer is **, a copy of the lawyer's certificate shall be submitted and stamped with the seal of the law firm and the letter of the law firm.

2) The original of the effective legal documents applying for retrial, and a copy that has been verified to be correct; Where the effective legal document is a second-instance or retrial judgment, the original of the first-instance and second-instance judgment documents and a verified copy (in five copies) shall be submitted at the same time;

3) A copy of the main evidence submitted in the course of the original trial;

4) A copy of the evidentiary materials supporting the cause of the application for retrial and the retrial litigation request.

8. The retrial applicant shall use A4 type paper to submit the retrial application and other materials, and submit a list of materials in triplicate, and submit a USB flash drive at the same time, with an electronic copy of the application materials for retrial attached (the retrial application, the judgment of the first and second instance, and the ruling must be entered in text and can be freely).

It is advisable to consult a professional lawyer**.

Legal Analysis:1The main thing is to write down the retrial applicant, the statutory person, the entrusted lawsuit, the respondent, the plaintiff of the original trial, the defendant and the third party, the request for retrial, facts and reasons.

Legal basis: "Sedan Slag Civil Procedure Law of the People's Republic of China" Article 378: The application for retrial shall indicate the following matters: the basic information of the applicant for retrial, the subject of the application, and other parties to the original trial.

The name of the original people's court and the case number of the original judgment document. Specific requests for retrial. The legally-prescribed circumstances of the application for retrial, as well as the specific facts and reasons.

The written application for retrial shall clearly indicate the people's court applying for retrial, and the retrial applicant shall sign, affix a seal, or affirm a seal.