Under what circumstances can I apply for a retrial?

Where a party raises an application for retrial, it may be submitted to the original trial court or to a higher court. When a party applies for a retrial, it shall submit a written application to the court and provide a copy of the application according to the number of opposing parties. The application shall clearly state the number of the original trial court and its judgment or ruling, as well as the reasons, basis, and content of the application for retrial.

Parties applying for retrial shall submit it within 6 months of the judgment or ruling taking legal effect. In other words, after the verdict is handed down, an application for a retrial can be filed within the six-month period. A party must meet the following conditions before applying for a retrial.

1. There is new evidence sufficient to overturn the original judgment or ruling. 2. The basic facts ascertained in the original judgment or ruling lack evidence to prove them. 3. The main evidence of the facts ascertained in the original judgment or ruling was forged.

4. The main evidence of the facts ascertained in the original judgment or ruling has not been debated. 5. Where the parties are unable to collect the evidence needed for the trial of the case for objective reasons, and apply in writing to the people's court to investigate and collect it, but the people's court does not investigate and collect it. 6. The original judgment or ruling was truly erroneous in the application of law.

7. Violation of legal provisions and wrong jurisdiction. 8. The composition of the trial organization is unlawful, or the adjudicators who should be recused in accordance with law have not recused. 9. A person who lacks the capacity to litigate does not have a legally prescribed person to litigate on behalf of a person or a party who should participate in the litigation, and does not participate in the litigation because of reasons that cannot be attributed to him or his or her litigant.

In other words, there is a time limit for applying for a retrial. Legal basis: Article 205 of the Civil Procedure Law of the People's Republic of China provides that a party's application for a retrial shall be submitted within six months after the judgment or ruling takes legal effect; Where there are circumstances provided for in items 1, 3, 12, or 13 of article 200 of this Law, it is to be submitted within 6 months from the date on which it is known or should have known.

Legal analysis: In the case that the first and second instance have been concluded, the parties may apply to the People's Court for a retrial on statutory grounds. When there is an error in the application of the applicable law determined by a judgment of a higher level people's court, an application for a retrial may be made.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 177: Parties who feel that the adjudication organ's determination of the jurisdiction, application of law, determination of facts, and other aspects of the case has caused a substantial impact on their rights and interests in the law, may apply to the people's court at the level above for a retrial within 6 months of the conclusion of the trial.

Legal analysis: An application for retrial refers to the act of a party applying to the people's court at the next higher level for a retrial of the case if they believe that a judgment, ruling, or mediation document that has already taken legal effect is in error.

Legal basis: Civil Procedure Law of the People's Republic of China Article 199: Where a party finds that a judgment or ruling that has already taken legal effect is in error, it 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, a retrial may also be requested from the applicant of the original trial court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Legal analysis: An application for retrial refers to the act of applying to the people's court at the next higher level for a retrial of the case when the parties believe that there is an error in the judgment, ruling, or mediation that has already taken legal effect. 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 is large or both parties are citizens, an application may also be made to the original people's court for a retrial.

Legal basis: Article 199 of the Civil Procedure Law of the People's Republic of China Where a party feels that a judgment or ruling that has already taken legal effect has been wrongly attacked, it may apply to the people's court at the level above for a retrial; In cases where one of the parties is large 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.