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The appeal petition should be signed.
According to the provisions, if the opposing party appeals, the appeal fee shall be paid, and if the appeal fee is not paid within the time limit specified by the court, the appeal shall be automatically withdrawn. If a party suspects that the other party has not paid or failed to pay the appeal fee on time after signing the appeal brief, he may submit his or her opinion to the court and ask the court to verify whether the other party has paid the appeal fee or whether the jacket fee has been paid on time.
If, after verification by the court, the appellant has not paid the appeal fee within the specified time limit, the court of second instance may handle the appeal as if the appellant had automatically withdrawn the appeal.
Code of Civil Procedure
Article 118:Parties conducting civil litigation shall pay case acceptance fees in accordance with provisions. In addition to the case acceptance fee, other litigation fees shall be paid in accordance with regulations.
Where parties have real difficulties in paying litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment in accordance with provisions.
The measures for collecting litigation costs shall be formulated separately.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.
Article 320:Where parties orally express an appeal when the first-instance judgment is announced or when the judgment or ruling is served, the people's court shall inform them that they must submit an appeal petition within the legally-prescribed appeal period. If the appeal petition is not submitted within the statutory appeal period, it shall be deemed that no appeal has been filed. If the appeal petition is submitted but the appeal fee is not paid within the specified time limit, the appeal shall be automatically withdrawn.
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If the other party does not pay the appeal fee, then it will be treated as a withdrawal of the lawsuit.
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Where a party is dissatisfied with the first-instance judgment of a local people's court, he or she 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. However, an appeal requires the payment of litigation fees, and if the appeal is not paid, the people's court will handle it as a withdrawal or directly refuse to accept it. "Civil Procedure Law of the People's Republic of China" Article 164 Right of Appeal Where a party is dissatisfied with the first-instance judgment of a local people's court, he or she 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.
If the parties are not satisfied with the first-instance ruling of the local people's court, they have the right to appeal to the people's court at the level above within 10 days from the date on which the ruling is served. Article 165:Appeal Petition An appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.
Article 171 of the Civil Procedure Law of the People's Republic of China: 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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Summary. Hello dear. After the plaintiff has paid the litigation fees, it means that the case has been filed. The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice from the people's court to pay the litigation fees, and if the plaintiff fails to pay it within the time limit, the people's court will rule that the case be dismissed in accordance with law.
After the complaint is submitted, the legal fees are confiscated.
Hello dear. After the plaintiff paid the litigation fees, it means that the case has been filed. The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of payment of litigation fees from the Shipei People's Court, and if the plaintiff fails to pay the fee within the time limit, the people's court will rule that the case shall be dismissed in accordance with law.
Dear, the following is the relevant basis for me to help you sort out: Article 8 of the "Measures for Payment of Litigation Fees" does not pay case acceptance fees for the following cases: (1) Cases tried in accordance with the special procedures provided for in the Civil Procedure Law; (2) Ruling not to accept cases of early dismissal, rejection of prosecution, or rejection of appeal; (3) Cases in which an appeal is raised against a decision not to accept or reject a lawsuit or an objection to jurisdiction; (Silushan) administrative compensation case.
Article 20 of the Measures for Payment of Litigation Fees The case acceptance fee shall be paid in advance by the plaintiff, a third party with an independent right to make a claim, and the appellant. Where a counterclaim is filed by a macro lawsuit and it is necessary to pay a case acceptance fee in accordance with the provisions of these Measures, the defendant is to pay it in advance.
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Article 20 of the Measures for Payment of Litigation Fees The case acceptance fee shall be paid in advance by the plaintiff, a third party with an independent right to make a claim, and the appellant. Where the defendant raises a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, the defendant is to pay it in advance. Cases of recourse to labor remuneration may not be required to pay the case acceptance fee in advance.
The application fee is to be paid in advance by the applicant. However, the application fee specified in Article 10 (1) and (6) of these Measures shall not be paid in advance by the applicant, but shall be paid after the execution of the application fee and the bankruptcy application fee shall be paid after liquidation.
Notice of the Supreme People's Court on the Application of the Measures for Payment of Litigation Costs
II. With regard to the consequences of a party's failure to pay the case acceptance fee or application fee in accordance with the provisions, the party fails to pay the case acceptance fee or application fee in accordance with Article 20 of the Measures within the time limit and fails to submit an application for judicial assistance, or the application for judicial aid is not approved. Where the case acceptance fee or application fee is not paid within the time period designated by the people's court, the people's court is to handle it in accordance with the parties' voluntary withdrawal of the lawsuit or withdrawal of the application in accordance with law.
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You didn't have to pay the court fee, and if you hadn't filed an application for deferment of submission, the complaint should have not been filed at that time. Now if you want to file a case, you can resubmit a new complaint, the content can be changed, of course, there is no exemption or delay in the payment of litigation fees, and the litigation fees need to be paid before the case will be filed.
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According to your description, you can amend the complaint and resubmit it to the court, pay the legal fee, and then the court will file a case for trial.
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It's best to go to court and ask. Because a lot of the programs they understand.
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When I hear those who say patience, I feel really unhappy, I have to wait like this with my hard-earned money, what is the reason of heaven, is the law really for the poor? Do you really have to kill people to solve things?
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Unless the other party is exempted or deferred by the court, if the appeal fee is not paid within the prescribed time, it shall be found that the appeal has not been filed.
There must be a judgment of first instance.
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