The verdict is handed down, and the other party appeals again, and the other party is unlikely to wi

It is not large, and more evidence and details can continue to be prepared to facilitate the presentation of evidence in the retrial. The court's decision against the other party to appeal is a normal process in itself. It should be noted that seven working days after receiving the judgment is used as the appeal time, and the court will not accept it after the deadline.

In addition, if the other party appeals, there is no need to worry, since the court has pronounced the judgment, there is naturally a relevant basis.

Legal analysis

If they are not satisfied with the outcome of the first-instance judgment, they may appeal to a higher court and request that the higher court hear the case again. Must be eligible, i.e. must be a party to the case, with the right to appeal. Second, there must be an appeal against a decision that is allowed to be appealed by law, and only a judgment or ruling made by the court of first instance can be appealed, of which there are only three types of decisions that can be appealed:

a ruling of inadmissibility; a decision to dismiss the complaint; Ruling on Jurisdictional Objections. Thirdly, the appeal must be filed within the statutory time limit. After the first-instance judgment, whether or not to appeal requires time to consider and prepare, but time is limited, and an appeal must be filed with the people's court at the level above within 15 days from the date of service of the judgment and within 10 days from the date of service of the ruling.

If neither party files an appeal within the statutory time limit, then the first-instance judgment will take legal effect. As long as one of the parties files an appeal during the appeal period, the judgment of the first instance does not take effect. You need to be reminded that:

The time limit for appeals must not have expired, and this time limit shall be counted from the second day after the service of the judgment or ruling. If the parties receive the judgement or ruling on different dates, the time limit for appeal runs from the day following the receipt of the judgement or ruling. If the last day of the period is a statutory holiday, the first working day after the statutory holiday shall be the date on which the period expires.

Legal basis

Article 164 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.

Article 538:The period for appeals against first-instance trial court judgments or rulings is to apply the time period provided for in article 164 of the Civil Procedure Law to parties who have a domicile within the territory of the People's Republic of China; For parties who do not have a domicile within the territory of the People's Republic of China, the time limit provided for in article 269 of the Civil Procedure Law shall apply. Where the parties' appeal period has expired and no appeal has been made, the judgment or ruling of the first-instance trial court will take legal effect.

After receiving the first-instance judgment, if a party is dissatisfied with the first-instance judgment, it may appeal within 15 days from the date of receipt of the judgment, and appeal is the legal right of the party. Since the other party has appealed, you, as the appellee, must actively respond to the lawsuit in accordance with the second-instance procedures, including promptly checking with the second-instance court whether the second-instance case has been filed, preparing the second-instance reply, submitting new evidence, and participating in the court investigation or trial on time. In short, it is necessary to respond to the lawsuit according to the specific facts of the case, however, in order to better protect your rights and interests, it is recommended to ask a lawyer to respond to the lawsuit.

It depends on the facts of the case and whether he has submitted new evidence.

If there is sufficient evidence, the original verdict will be upheld.

Legal analysis: If a party is dissatisfied with the judgment and appeals, it mainly depends on the evidence of the second instance, if the evidence of the second instance is sufficient to overturn the first instance, the victory is very large, and if the evidence is insufficient, it is very likely that the original judgment will be upheld.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. If the parties are dissatisfied 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 Zhaojian Town within 10 days from the date on which the written decision is served.

Article 165: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.

Legal analysis: A civil lawsuit may be won in the first instance, and the second instance may be lost. Whether the plaintiff wins the case in the second instance depends on whether the plaintiff has evidence to support his claim.

If there is sufficient evidence, the case can be won. If the evidence is insufficient, and the defendant has new evidence to submit after appealing, the case may be lost. There are two scenarios here:

1. If the court of first instance finds that the facts are clear and the law is properly applied, it will not win the case after appeal. Because the court of first instance ruled correctly (a slight flaw is allowed). 2. If the evidence is insufficient, the facts ascertained are unclear, and the application of law is improper, the appeal will be won.

Because the court of first instance ruled incorrectly.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 170:Second-instance people's courts are to handle appeal cases separately in accordance with the following circumstances after trial: (1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is rejected by means of a judgment or ruling, and the original judgment or ruling is upheld; (2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law; (3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts; (4) Where the original judgment omits parties or makes an unlawful judgment in absentia, or otherwise seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for new trial. Where after the original people's court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again.

Article 171:Second-instance people's courts are to use rulings in the handling of appeals dissatisfied with first-instance trial court rulings.