The first instance of the civil lawsuit rejected the plaintiff s claim on the grounds that the plain

Hello, on a few questions you asked, now to help you legally:

As far as traffic accidents are concerned, the traffic accident certificate of the traffic department can be used as the basis for determining the facts of the case (unless there is obvious evidence to prove that there are flaws), and since you did not submit witness testimony in the first instance, if there are legitimate reasons, it can be used as new evidence in the second instance. If the plaintiff has a record of the additional claim, the court may request a remand for a new trial in accordance with the provisions of the Civil Procedure Law. Because the specific legal facts involved are not clear to you, you can only answer as follows;

As for your other issues, such as allowing the original defendant to obtain the summons, the judgment letter, or the error in the trial transcript, the error of the original defendant's information can only be a mistake in his work, and cannot be used as a basis for overturning the first-instance judgment.

Finally, it is recommended that you find a lawyer, your case can be appealed, but I really feel that you can't grasp the facts and the law yourself. So the case is not something you can win by asking a few questions yourself.

The traffic accident liability determination has no legal effect, because it is not served on the defendant, depriving the defendant of the right to apply for reconsideration and review; Service before the judgment is issued does not affect the outcome of the judgment.

Ask a lawyer and appeal. The lawyer's fee for a road traffic accident liability dispute is a very low ......It's the easiest case for a lawyer... Don't use yourself as a lawyer, it's too far away, and you're reluctant to hire a lawyer with a small amount of money, and you will only suffer a big loss.

If you lose the case again in the second and final trials, you will be completely out of action.

If there is any hope to look at the evidence, find a lawyer

Legal analysis: If the claim is rejected due to insufficient evidence, the lawsuit can be sued again. After a claim is rejected due to insufficient evidence, the court may open a new case for handling if the new evidence provided by the parties satisfies the conditions that it was formed after the conclusion of the trial and can be prosecuted separately.

Legal basis: Article 64 of the Civil Procedure Law of the People's Republic of China The parties have the responsibility to provide evidence for their own claims. Evidence that the parties and their litigants are unable to collect on their own due to objective reasons; or where the people's court finds that evidence is necessary for the trial of the case, the people's court shall investigate and collect it.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Where a party is ruled by a people's court to reject a litigation claim due to insufficient evidence, it is generally not possible to sue again on the same grounds, but may appeal. Where a party is dissatisfied with the 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.

Article 164 of the Civil Procedure Law of the People's Republic of China and Chang Disturbing the People's Republic of China: Where a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the level above within 15 days from 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.

In civil disputes where the claim is rejected due to insufficient evidence, the lawsuit cannot be filed again, and only an application for a retrial can be made. Only in cases where a decision is made to dismiss the lawsuit or a decision to withdraw the lawsuit can the parties sue again. Code of Civil Procedure:

Article 124:People's courts are to handle the following lawsuits in separate situations: (5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file another lawsuit, inform the plaintiff to apply for a retrial, except where the people's court grants a ruling to withdraw the lawsuit; Article 199:Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties has a large number of people or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Article 200: Where a party's application meets any of the following circumstances, the people's court shall retry the case: (1) There is new evidence of good reputation sufficient to overturn the original judgment or ruling; "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China": Article 212:In cases where a lawsuit is ruled not to be accepted or dismissed, and the plaintiff files a lawsuit again, the people's court shall accept it if it meets the requirements for filing a lawsuit and does not fall under the circumstances provided for in article 124 of the Civil Procedure Law.

Article 213:Where the plaintiff should have paid the case acceptance fee in advance but has not paid the case acceptance fee in advance, the people's court shall notify the plaintiff to make the advance payment, and where the plaintiff still does not pay the advance fee after the notice is given, or the application for reduction, postponement, or exemption is not approved but the advance payment is still not made, a ruling shall be made to handle it as a withdrawal of the lawsuit. Article 214:Where after the plaintiff withdraws the lawsuit or the people's court handles it as withdrawn, the plaintiff files a lawsuit again with the same litigation claim, the people's court shall accept it. In divorce cases where the plaintiff withdraws the lawsuit or is handled as withdrawn, and there are no new circumstances or new reasons, and the lawsuit is filed again within six months, it is not to be accepted in accordance with the provisions of article 124, item 7 of the Civil Procedure Law.