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Hello, of course not, the other party in the lawsuit asks you to go to the provincial appraisal center for identification, if you don't go, this is very unfavorable to you.
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The other party asks to go to the provincial appraisal center, can I not go? It depends on what relationship you play. If you need to be identified.
It has a provincial appraisal center with Li Jianing. formalities to the courts. Application for Execution.
Procedures at the Provincial Appraisal Center. If you can't fight a lawsuit, you can't not go.
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Hello, in the court prosecution stage, if there is a request, you can go to the appraisal center for identification, if there is no local area, you can also go to the provincial appraisal center for identification.
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You can choose not to go, but if the plaintiff goes by himself, the upfront expenses will be paid by himself, and you will lose the lawsuit later. You'll still have to pay for it.
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If it is said that the other party is required by the provincial appraisal center is required by the court, it is better to go there, which is equivalent to cooperating with the judicial inspection, and if you object, you may not stand up to you in the end.
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If the other party asks to go to the provincial appraisal center for identification, then you must cooperate, and you can't not go. Because it's a two-sided thing.
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No, you need to go to the designated place to fight a lawsuit, otherwise you will lose directly!
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In the lawsuit, the other party asked to go to the provincial appraisal center. If the forensic hospital supports his request, you must go.
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You have to go because there can be a designated appraisal center, and you can't just find one.
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No, this is the basic procedure. Please note that going to the Provincial Supervision Center is also implemented for the authenticity of both parties.
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This one doesn't work. If the other party has an opinion or objection to the appraisal conclusion and requests for a new appraisal, then it must be re-appraised.
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Since it is a lawsuit, there must be evidence. If you go to the appraisal center, you are asked to conduct an appraisal and seek evidence. If you don't go, you can't do it.
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In this case, it is best to go to the appraisal together, after all, the appraisal is good for both parties to have an explanation, which is more beneficial to the lawsuit.
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I think you have to go, if you don't go, you lose, which means that you are afraid to go to the center of Shenzhen, this is definitely not going to win.
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This is not that he said that he would go to **appraisal, as long as it is an appraisal agency recognized by the state, the appraisal is valid, and the court will.
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If it is a lawsuit and the other party asks to go to the appraisal center, then the evidence may not be so sufficient, and it will not be so beneficial to you.
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If the other party only acknowledges the identification there, then it is better to go.
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In this case, you can't go out, because the relevant regulations have to go out.
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If you want to identify the disability, you should go, if there is really something, if you don't go, it's not a big loss!
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You go to the provincial appraisal center, then it can be um, go layer by layer, go through the region first, if the conclusion of the region is not satisfied, you can go to the province.
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This question, depending on whether you are willing to go or not, there may be white hope, so you, you still decide to think about it yourself.
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If the court determines the request and goes to the provincial appraisal center, if you don't go, you will give up this right.
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If you don't go, your side will be at a disadvantage as evidence.
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If you don't understand, let the lawyer tell you, do you want to go to the provincial appraisal center? Or don't you go, and the lawyer will tell you what exactly you should do?
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If the lawsuit involves judicial appraisal, it should be conducted by the public security organ or the appraisal center designated by the court. However, the other party's request does not have legal effect, so you can not go. FYI.
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Hello this friend, if you have in your hand the certificate of the local state authority audit, appraisal agency, then you can ask not to go.
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After the other party asks to go to the provincial appraisal center, can I not go? Of course, you can, but in this case, it loses the force of the law.
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Can I go to the third-order settlement Xingmu community? Is it okay not to go? We should go to Gaozhou to spend the rules.
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No, there are exceptions, as follows:
The following civil lawsuits are under the jurisdiction of the people's court at the place where the plaintiff is domiciled;
1. Litigation concerning identity relationships against persons who do not reside within the territory of the People's Republic of China;
2. Proceedings relating to identity against persons whose whereabouts are unknown or who have been declared missing;
3 Proceedings against persons subject to compulsory educational measures;
4 Proceedings against incarcerated persons.
Exceptions to General Territorial Jurisdiction:
1. Where both parties are imprisoned or undergoing re-education through labor, the people's court at the defendant's original domicile has jurisdiction. Where the defendant is imprisoned or sentenced to re-education through labor for one year or more, the people's court for the place where the defendant is imprisoned or re-educated through labor has jurisdiction.
2. Where the domicile of several defendants in a case of recovery of alimony is not in the same jurisdiction, the people's court at the place where the plaintiff is domiciled may have jurisdiction.
3. In cases of dissatisfaction with the appointment of guardianship or modification of guardianship relationship, the people's court for the place where the ward is domiciled has jurisdiction.
4. In a divorce lawsuit filed by a non-military against a military member, if one of the military is a non-civilian soldier, the people's court at the place where the plaintiff is domiciled shall have jurisdiction.
5. Where both parties to the divorce proceedings are military personnel, the people's court at the defendant's domicile or the place where the defendant is stationed at or above the regimental level has jurisdiction.
6. In cases where one of the husband and wife has left the place of domicile for more than one year and the other party sues for divorce, the people's court at the place of the plaintiff's domicile has jurisdiction. In cases where both husband and wife have been absent from their domicile for more than one year, and one party sues for divorce, the people's court for the defendant's habitual residence has jurisdiction; Where there is no habitual residence, the people's court for the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction.
7. For overseas Chinese who are married in China and settled abroad, if the court of the country of residence refuses to accept the divorce lawsuit on the ground that the court of the place where the marriage is concluded must have jurisdiction, and the parties file a divorce lawsuit with the people's court, the people's court of the place where the marriage was concluded or the last place of residence of one party in China shall have jurisdiction.
8. For overseas Chinese who have married abroad and settled abroad, if the court of the country of residence refuses to accept the divorce lawsuit on the ground that the court of the country of nationality must have jurisdiction over it, and the parties file a divorce lawsuit with the people's court, the people's court of the original domicile or the last place of residence in China shall have jurisdiction.
9. If one of the Chinese citizens resides abroad and the other resides in China, the people's court at the place where the domestic party is domiciled has jurisdiction over which party files a divorce lawsuit with the people's court. If a foreign party files a lawsuit in the court of the country of residence, and the domestic party files a lawsuit in the people's court, the people's court to which the lawsuit is filed has jurisdiction.
10. Where both Chinese citizens are abroad but have not settled down, and one party files a lawsuit for divorce with the people's court, the people's court at the original domicile of the plaintiff or defendant shall have jurisdiction.
11. The people's court at the place where the defendant is registered shall have jurisdiction over a lawsuit filed against a citizen partnership or a partnership-type association that does not have an office. Where there is no registration and several defendants are not in the same jurisdiction, the people's court at the place where the defendants are domiciled has jurisdiction.
Code of Civil Procedure
Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; 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.
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The Civil Procedure Law stipulates that a lawsuit filed by a plaintiff against a defendant, that is, a plaintiff must file a lawsuit with the court of the defendant's domicile (place of household registration) or habitual residence (place of continuous residence away from the place of residence for more than one year).
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If you have lived for more than one year, you can file a lawsuit, but you need a certificate such as a residence permit, and if you do not have evidence, you can only go to the place of household registration.
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This should be consulted by the traffic police who were present at the time.
Documents required for traffic accident prosecution.
1. Indictment. The content that should be stated in the complaint: if the party is a legal person or other organization, the name of the unit, the identity and contact of the legal representative or person in charge and the entrusted person shall be clearly stated in the complaint, and the mailing address shall be affixed with the plaintiff's official seal; If the party concerned is a citizen, the name, gender, age, place of origin, work unit, current address and other basic information should be written in the complaint, as well as the identity and contact and mailing address of the entrusting person.
Specific and clear claims. The facts of the dispute and the grounds of action. Evidence and Evidence**, Witness Names and Residences.
2. Identification documents. If the person concerned is a citizen, a copy of the ID card shall be submitted; If the party concerned is a legal person or other organization, or an individual industrial and commercial household, a copy of the business license and the industrial and commercial registration materials of the enterprise shall be submitted (if the enterprise has been closed, suspended, merged, transferred or suspended, the industrial and commercial registration of the enterprise and related documents shall also be submitted), and the identity certificate of the legal representative or responsible person shall be submitted.
3. If the party has a litigant, it must submit a true and valid power of attorney with a clear scope of authorization (if the power of attorney only writes "full power" and there is no specific authorization, the litigant has no right to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the litigant); Proof of identity of the litigant; Citizens**, should be reviewed and approved by the court; If the lawyer is **, he must submit a letter from the lawyer's firm and a lawyer's practice certificate that has passed the annual examination of the current year.
4. Proof of the existence of a legal relationship between the plaintiff and the defendant in relation to the dispute. For example, in the case of a road traffic accident dispute, the plaintiff should submit a road traffic accident liability determination and copies of the driver's ID cards, driver's licenses, driving licenses of the accident vehicles, and third-party liability insurance of all parties involved in the accident.
5. Proof materials that fall within the scope of civil litigation accepted by the people's court and within the jurisdiction of that court. For example, in a case under the jurisdiction of the defendant's location, the plaintiff must submit proof of the defendant's domicile and habitual residence.
6. Other evidentiary materials that can prove the facts of the case or that it is deemed necessary to submit to the people's court.
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It depends on what kind of case you are suing, generally speaking, if it is a dispute over online transactions, it is generally possible to wash in the local area, and if it is a dispute over some fixed assets, you have to go to the local court to sue.
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Wherever you make a mistake, you can be prosecuted! For example, this person committed a crime in Shanghai, but he is from Jiangsu, and this person has to be prosecuted in Shanghai.
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It's okay to do that. Dear, I hope my answer can help you. I wish you a happy winter solstice, a happy life, and in 2020, I wish you and your family happiness, good health, good health, and a happy family!
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Generally speaking, no, because the principle is that the plaintiff bears the burden of proof on whoever asserts the claim. However, there are special circumstances, and that is where the burden of proof is reversed, such as in medical malpractice cases.
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No, unless the burden of proof is on the other side.
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If you lose a lawsuit, you do not have to bear the other party's attorney's fees, but whether there is a clear agreement on who bears the lawyer's fees.
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The lawyer's fees are at their own expense, and the other party will not bear them. The defendant shall bear the corresponding amount of litigation costs to the extent that the court decides against the defendant. If the court upholds the plaintiff's claim in its entirety, the defendant shall bear all of it.
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The litigation costs should be borne by the losing party, and the lawyer's fees depend on whether the original defendant has a contract agreement or how the local court operates in judicial practice, for example, in Shanghai, the lawyer's fee in traffic accident cases is borne by the defendant within a certain standard range.
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The losing party shall bear the litigation costs, and the attorney's fees shall be borne by themselves
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1. Paragraph 1 of Article 64 of the Civil Procedure Law provides:
It is the responsibility of the parties to provide evidence for their own claims. ”
2. Article 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings
Paragraph 3 provides: "It is the responsibility of a party to provide evidence to prove the facts on which its claim is based or on which it refutes the claim of the other party." ”
Paragraph 4 stipulates: "If there is no evidence or the evidence is insufficient to prove the factual assertions of the parties, the party who bears the burden of proof shall bear the adverse consequences." ”
3. Article 7 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provides:
Where the law does not specifically provide and the burden of proof cannot be determined in accordance with these Provisions and other judicial interpretations, the people's court may determine the burden of proof on the basis of the principles of fairness and good faith, and in consideration of factors such as the parties' ability to present evidence. ”
The above laws and regulations clarify the principle of the distribution of the burden of proof in litigation in China - the system of "whoever asserts the burden of proof", and also establishes the right of judges to allocate the burden of proof in the trial.
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Strictly speaking, there is no case where a lawyer is obligatory, and the parties can sue or respond to the lawsuit on their own, so the current law does not stipulate that the losing party should bear the lawyer's fees of the winning party. The following cases are exceptional:
1. The parties agree in advance that in the event of a dispute between the two parties and a lawsuit to the people's court, the losing party shall bear the necessary and reasonable lawyer's fees of the winning party. According to the principle of "autonomy of will", in the absence of express provisions in the law, the parties agree (provided that they do not violate the prohibitive provisions of the law);
2. The parties set up an arbitration clause in the contract, or reached an arbitration agreement afterwards. In this case, the parties can determine whether they can require the other party to bear the lawyer's fees according to the arbitration rules of the selected arbitration institution. Most arbitral institutions (including the Stockholm Chamber of Commerce of Sweden, the American Arbitration Association (AAA), the London Court of International Arbitration (LCIA), the China International Economic Arbitration Commission (CIETAC), etc.) have upheld the winning party's claim based on reasonable costs incurred in handling the case.
If there are no above circumstances, the lawyer's fee shall be borne by the party regardless of the outcome of the case.
It's not worth it. The litigation fee is 50 yuan, which you pay in advance, and you can bear it after winning the lawsuit. If the mediation is concluded, 25 yuan will be charged at half. >>>More
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: >>>More
This should not be difficult, if you compensate for this part, you can apply for compulsory enforcement, and you can ask his family to bear the rest, and you will know what to do now when you talk to a lawyer with your legal partner.
Chengdu Du Yanguo lawyer team [Du Yanguo lawyer] - professional criminal defense, real estate disputes, marriage and family, inheritance, economic contracts, traffic accidents, medical disputes lawyer, I am his assistant - Du Yanguo lawyer defense experience is very rich, hundreds of cases of high success rate, any legal issues involved you can under the "Du Yanguo lawyer", I believe he will help you.
Case acceptance fees shall be paid in accordance with the following standards: (1) In property cases, according to the amount or value of the litigation claim, the following proportions shall be paid cumulatively: 1 >>>More