Is it possible to file a lawsuit in a different place? Can a lawsuit be filed in a different place?

Updated on society 2024-03-16
6 answers
  1. Anonymous users2024-02-06

    1. According to the first paragraph of Article 21 of the Civil Procedure Law, "civil litigation against citizens shall be under the jurisdiction of the people's court at the place where the defendant is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. "Paragraph 2 provides:

    The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations. 2. Article 22 stipulates: "The following civil lawsuits shall be under the jurisdiction of the people's court at the place where the plaintiff is domiciled; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

    1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China; (2) Litigation concerning the identity of a person whose whereabouts are unknown or who has been declared missing; (3) Litigation against persons subject to compulsory education measures; (4) Proceedings against incarcerated persons. 3. Article 25 of the Civil Procedure Law stipulates that: "The parties to a contract may agree in a written contract to choose the jurisdiction of the people's court at the place where the defendant is domiciled, the place where the contract is performed, the place where the contract is signed, the place where the plaintiff is domiciled, and the place where the subject matter is located, provided that the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction are not violated."

    Legal basis: Article 21 of the Civil Procedure Law of the People's Republic of China shall have jurisdiction over civil lawsuits initiated by citizens in the place where the defendant is domiciled; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction. The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

    Where the domicile or habitual residence of several defendants in the same litigation is in the jurisdiction of two or more people's courts, each people's court has jurisdiction.

  2. Anonymous users2024-02-05

    Where to prosecute is generally up to the accused, and it has been made clear upstairs. Civil cases are not all undertaken by lawyers, as long as they have full capacity for civil conduct, they can be entrusted to participate in litigation matters, but they cannot appear in court as a lawyer, but appear in court as a ** person, and a power of attorney is required.

  3. Anonymous users2024-02-04

    According to the provisions of the Civil Procedure Law of the People's Republic of China, litigation in other places is generally not allowed, and the general jurisdiction principle of "the plaintiff is the defendant" must be followed.

  4. Anonymous users2024-02-03

    If you are in a different place and do not repay the borrowed money, where should you go to fight the lawsuit after the lawsuit is filed?

  5. Anonymous users2024-02-02

    Legal analysis: It is possible to sue in a different place, and as long as the conditions for filing a lawsuit are met, the court should accept it.

    Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

    1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case, (2) there is a clear defendant, (3) there are specific litigation claims, facts, and reasons, and (4) it is within the scope of the people's court's acceptance of civil lawsuits and the jurisdiction of the people's court receiving the lawsuit.

  6. Anonymous users2024-02-01

    If there is no need to go, according to the relevant laws and regulations, if the lawsuit is filed in another place, the party can go to handle it on his own, and if the party has something to delay and cannot go, he can also entrust relatives, friends or lawyers to handle it on his behalf. However, a written power of attorney for the banquet and a complaint signed by the parties must be provided.

    Legal basis: Civil Procedure Law of the People's Republic of China

    Article 49: The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement. The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.

    The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.

    Article 50 The parties may settle on their own. Return.

    Article 64: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall comprehensively and objectively review and verify the evidence in accordance with the legally-prescribed procedures.

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