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Case filing, presentation of evidence, **, judgment, second instance, and enforcement.
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1) When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be clearly stated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.
b) Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court: 1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc. (3) When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, detailing the name and number of pages of the evidence submitted.
After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded. (4) Within 7 days after the parties have performed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it. (5) The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, postponement or exemption within the prepayment period.
6) After submitting the litigation procedures for the dispute, the case shall be scheduled by the court, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded. After the divorce, it is also possible to add the joint debts of the husband and wife, and the evidence materials that belong to the joint debts of the husband and wife provided to the Naidan court are the most important compared to the complaint. In addition, if the joint debts of the husband and wife are handled through judicial channels, the probability of winning the lawsuit is relatively low if a lawyer is not hired, and if a lawyer is hired, the lawsuit is written by the lawyer.
Extended reading: Are prenuptial debts of one spouse joint debts? What is the scope of joint debts?
Who bears it? The provisions of the Marriage Act on the joint debts of husband and wife.
People's Republic of China Civil Procedure Law Article 164:Where a party is dissatisfied with a first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
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What are the litigation procedures for civil contract litigation Litigation procedure steps: 1. The plaintiff submits the complaint and corresponding evidence to the court, and pays the case acceptance fee in advance according to the provisions of the court. 2. After the court accepts the case, it will serve the plaintiff's complaint and evidentiary materials to the defendant.
3. The defendant shall provide evidence to the court within the time limit for presenting evidence, and the court shall then serve the defendant's evidence to the plaintiff. 4. The court will notify both parties to conduct a trial and conduct mediation or judgment. 5. If one of the parties is dissatisfied with the judgment, it may appeal and the court of second instance shall retry the case and mediate or make a judgment.
6. If the other party does not perform according to the effective mediation or judgment, the other party may apply to the court for enforcement. Article 99 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China" The people's court shall determine the time limit for the parties to present evidence during the preparatory stage before trial. The time limit for presenting evidence may be negotiated by the parties and approved by the people's court.
The people's courts determine the time limit for the presentation of evidence, and it must not be less than 15 days for first-instance ordinary procedure cases, and must not be less than 10 days for second-instance cases where the parties provide new evidence. After the time limit for the presentation of evidence is completed, where a party applies to provide rebuttal evidence or to supplement and correct flaws in the evidence, form, or other such as the evidence, the people's court may, at its discretion, determine the time limit for the presentation of evidence again, and the time limit is not subject to the restrictions provided in the preceding paragraph. Article 100: Where parties apply for an extension of the time limit for the presentation of evidence, they shall submit a written application to the people's court before the time limit for the presentation of evidence is completed.
Where the reasons for the application are sustained, the people's court shall permit it, appropriately extend the time limit for presenting evidence, and notify the other parties. The extended time limit for the presentation of evidence applies to the other parties. Where the reasons for the application are not sustained, the people's court shall not approve it and notify the applicant.
Article 101:Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons, and when necessary, may request that they provide corresponding evidence. Where a party fails to provide evidence within the time limit due to objective reasons, or the opposing party does not raise an objection to the late provision of evidence, it is deemed that it has not expired. If you want to be able to use the law to protect your rights, it is recommended that you can conduct online consultation, and a professional team of lawyers will answer your questions and protect your rights and interests in a timely and legal manner.
Article 44 of the Civil Procedure Law: In any of the following circumstances, adjudicators shall recuse themselves, and the parties have the right to apply for their recusal orally or in writing: (1) They are parties to the case or close relatives of the parties or litigants; (2) They have an interest in the case; (3) They have other relationships with the parties to the case or litigants that might impact the fair trial of the case. Where adjudicators accept hospitality and gifts from parties or litigants, or meet with parties or litigants in violation of provisions, the parties have the right to request their recusal.
Where adjudicators have the conduct provided for in the preceding paragraph, they shall be pursued for legal responsibility in accordance with law. The provisions of the preceding three paragraphs apply to clerks, translators, evaluators, and inquest personnel.
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Suing for divorce requires the following procedure:
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