Can the client be changed in the middle of a civil lawsuit?

Litigants have the right to entrust others as their own litigants, if they have been entrusted, and now want to entrust others, they need to sign a power of attorney and other formalities with the person who is entrusted, and send the authorization procedures to the court in a timely manner. However, it should be noted that a party can only entrust a maximum of 2 ** people.

For civil litigation, in the litigation, the litigant may be replaced in accordance with the law. In addition, if another person is entrusted to litigate on behalf of the client, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the matters and authority of the entrustment.

The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client.

Article 59: Where others are entrusted to litigate on their behalf, a power of attorney signed or sealed by the client must be submitted to the people's court.

The power of attorney must specify the matters and authority of the entrustment. The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client.

A power of attorney sent or entrusted by a citizen of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country, and then transferred to the embassy or consulate of the People's Republic of China in the third country, or by the local patriotic overseas Chinese organization.

Legal analysis: Article 60 of the Civil Procedure Law of the People's Republic of China stipulates that if the authority of the litigant is changed or terminated, the parties shall inform the people's court in writing, discuss the source of the situation, and the people's court shall notify the other party. Therefore, the first person in the civil lawsuit can be changed, but the change of the new person must first comply with the provisions of the law, and then apply to the people's court and get approval.

Contained. Legal basis: Civil Code of the People's Republic of China

Article 919:An entrustment contract is a contract in which the client and the trustee agree that the trustee will handle the client's affairs.

Article 922:The trustee shall handle the entrusted affairs in accordance with the instructions of the client. Where it is necessary to change the client's instructions, the client's consent shall be obtained; If it is difficult to get in touch with the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.

A civil litigator may entrust others to participate in the litigation, but the following conditions shall be met:

1) The sub-client must have a legal right to litigate.

2) The sub-client must be unable or inconvenient to perform litigation duties due to special reasons.

3) The prior consent or subsequent approval of the client must be obtained.

4) The person who is transferred to the litigation must have the capacity for litigation.

5) The authority to transfer the client must not exceed the authority originally granted by the client, and the new litigant must perform the litigation act and perform the duties strictly within the scope of authorization.

6) The original client and the person who transferred the litigation shall separately sign a litigation contract on the matters to be retained, and the court shall strictly review it. Where the court passes the examination, the opposing party shall also be promptly notified.

1. Is the notarial deed of the entrustment contract notarized?

1. If the individual citizen notarizes the power of attorney, he or she shall submit the identity certificate of the client (resident ID card, household registration book), and if the person entrusted by Minling is a legal person, he shall submit the identity certificate of the legal person and the identity certificate of the legal representative. If the entrustment contract is notarized, the identity and qualification certificate of the trustee shall be provided at the same time as the identity and qualification certificate of the principal.

2. Supporting materials related to the entrusted matters (if the client entrusts others to handle the sale of the house, the client shall submit the ownership certificate of the house, and if the entrusting others to handle the notarization of inheritance rights, the certificate of inheritance rights shall be submitted).

3. When the sub-client applies for the notarization of the sub-entrustment, the certificate of the right to sub-entrust shall be submitted.

4. Draft power of attorney or draft power of attorney contract.

Second, after the transfer of entrustment, does the person still have the right?

After the trustee is re-entrusted, he still has the right to **.

After the trustee carries out the sub-entrustment, the entrustment relationship between the trustee and the trustor has not ended, so the trustee still has the right to do so.

However, if the trustee directly exercises the right to directly exercise the right after transferring the entrustment, it is necessary to obtain consent.

Although the trustee still has the right to sub-entrust, if he wants to directly complete the things required by the client to bypass the person who accepts the sub-entrustment, he should first negotiate with the person who accepts the sub-entrustment, so as to avoid problems such as duplication and breach of contract, which may lead to unnecessary disputes.

Article 169 of the Civil Code, if the person needs to entrust a third party, the consent or recognition of the person subject shall be obtained.

If the sub-entrustment is approved or retrospectively approved by the respondent, the sub-party may directly instruct the third party to whom the sub-entrustment is in respect of the affairs, and the sub-party shall only be liable for the selection of the third party and the instructions of the third party.

If the sub-entrustment is not consented to or recognized by the person being **, the ** person shall be liable for the acts of the third party who is sub-entrusted; However, in an emergency, the ** person needs to entrust a third party ** in order to protect the interests of the ** person.

According to the provisions of the Civil Procedure Law, there are three ways to entrust a litigant: First, if a party residing in China hires a litigant to litigate on his behalf, the client and the entrusted party shall make a power of attorney and submit a copy to the people's court. Admission, waiver, modification of litigation claims, settlement, filing counterclaims or appeals.

Second, if the parties are Chinese citizens living abroad, the way to entrust the litigant is to send or entrust the power of attorney from the country of residence, which must be certified by the Chinese embassy or consulate in that country. If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China, and then transferred to the Chinese embassy or consulate in the third country.

Or certified by a local patriotic overseas Chinese group. Third, foreigners, stateless persons, foreign enterprises or organizations who do not reside in China should hire a lawyer or other person as a litigant in the following ways: the client shall make a power of attorney, and send it to the people's court after the client has made a power of attorney, certified by a notary public in the country where it is located, and authenticated by the Chinese embassy or consulate in that country, or after the person has fulfilled other certification procedures stipulated in the relevant treaties concluded between China and the country, and sent it to the people's court receiving the lawsuit.

Article 61 of the Civil Procedure Law: Parties and legally-prescribed persons may retain one or two persons as litigators The following persons may be retained as litigators: (1) Lawyers and basic-level legal service workers; (2) The parties' close relatives or staff; (3) Citizens recommended by the parties' communities, units, and relevant social groups. Article 62: Where others are entrusted to litigate on their behalf, a power of attorney signed by the client or sealed by the person in charge must be submitted to the people's court.

Civil Litigation ** Person.

The plaintiff was a foreigner, and it was inconvenient for him to participate in the litigation in the competent court, so he entrusted a local lawyer with full authority to litigate, and did not participate in the trial. Before the trial, the entrusted lawyer was unable to attend the trial in an emergency, so the entrusted lawyer transferred the lawsuit to another lawyer for the benefit of the plaintiff. We have a difference of opinion on whether the act of sub-entrustment is valid and whether the re-employer can participate in the litigation.

Excuse me, can a civil litigant entrust another person to conduct the lawsuit? Can another person participate in the lawsuit?

At present, the Civil Procedure Law and relevant judicial interpretations do not clearly stipulate this issue raised by you. Party.

Entrust the litigant.

Litigation on behalf of the client is not only out of the need to protect their civil rights and interests and exercise their litigation rights, but also based on their trust in a specific client, which is the embodiment of their true intentions. Once the entrustment relationship is established, the parties must submit a power of attorney signed or sealed by the client to the people's court.

The litigator has the right to participate in the litigation on the entrusted matters within the scope of the authorization specified by the entrusted secretary. The litigant does not have the right to privately entrust another person to litigate on his behalf. When the people's court hears a case, it is necessary to verify the identity of the parties and their litigants, and do not allow a person who does not have a power of attorney from a party to appear in court to participate in the litigation as a litigant.

Therefore, we believe that the entrusting person of a civil lawsuit cannot subtrust another person to litigate the litigation on his behalf, and the re-entrusting person cannot participate in the litigation as a litigant.