What should I call an application for retrial to the original Intermediate People s Court of Second

1) The application for retrial should clearly state: the basic information of the person applying for retrial, the subject of the application, and the other parties to the original trial; On the basis of the causes provided for in article 179 of the Civil Procedure Law, the eligible causes are to be listed one by one; The name of the original trial court, and the case number of the original judgment, ruling, or mediation document; specific requests for retrial; the legally-prescribed grounds for applying for retrial, as well as the specific facts and reasons; the name of the court accepting the application for retrial; The signature or seal of the person applying for retrial.

2) According to the number of respondents and other parties to the original trial, add 4 additional copies, and submit a copy of the application for retrial.

3) Proof of service of the judgment document or other proof showing that the judgment document is actually effective should be submitted.

4) Where the person applying for retrial is a natural person, a copy of their identity certificate shall be submitted; Where the person applying for retrial is a legal person or other organization, a copy of the business license and the identity certificate of the legally-designated representative or principle responsible person shall be submitted. If you entrust another person to apply on your behalf, you should submit a power of attorney and an identity certificate of the ** person.

5) Submit the original judgment document, or 4 copies that have been verified to be correct; Where the effective judgment is a second-instance or retrial judgment, the original of the first-instance or second-instance judgment document or a copy that has been verified to be correct shall be submitted at the same time; 4 copies of the original or verified copy of the first- and second-instance judgments.

6) Copies of the main evidence submitted in the course of the original litigation.

7) Evidentiary materials supporting the grounds for the application for retrial and the retrial litigation request.

The application for retrial is basically the same as the model of the complaint.

It is called a retrial, and an application for retrial and a judgment of the second instance are submitted.

Whether to apply for a retrial to a higher court or the original trial court depends on the circumstances, and the parties may apply to the people's court at the next higher level or the original people's court for a retrial, and it should be noted that there is a time limit. 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. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Legal analysis: Filed with the court of first instance or the court at the next higher level of the original trial court. 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 Litigation Law of the People's Republic of China: Where a party feels that a judgment or ruling that has already taken 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 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.

1. Whether the application for retrial is to the higher court or the original trial court.

1. Whether to apply for a retrial to a higher court or the court of first instance shall be decided based on the following circumstances:

1) 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;

2) 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.

2. Legal basis: Article 205 of the Civil Procedure Law of the People's Republic of China.

Where the president of any level of people's court discovers that there is truly an error in that court's judgment, ruling, or mediation document that has already taken legal effect, and finds that a retrial is necessary, they shall submit it to the adjudication committee for discussion and decision.

The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment, ruling, or mediation document of a local people's court at any level that has already taken legal effect, or a higher people's court to a lower people's court's judgment, ruling, or mediation document that has already taken legal effect.

2. What are the conditions for retrial.

The conditions for a retrial are as follows:

1. There is new evidence sufficient to overturn the original judgment and 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 main 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. The composition of the trial organization is unlawful or where adjudicators who should be recused in accordance with law do not recuse themselves.

The people's court shall review it within 3 months of receiving the written application for retrial, and where it meets the requirements of law, rule for retrial; and where it does not comply with the provisions of law, a ruling is made to reject the application. Where there are special circumstances that require an extension, it is to be approved by the president of the court. Cases where a party applies for a ruling on retrial are to be heard by a people's court at the intermediate level or above, except where the parties choose to apply to the basic level people's court for a retrial in accordance with the provisions of law.

In cases where the Supreme People's Court or High People's Court rules for retrial, that court is to retry it or transfer it to another people's court for retrial, and it may also be transferred to the original people's court for retrial. Article 199 of the "Civil Procedure Law of the People's Republic of China": 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. Where a party applies for a retrial, the enforcement of the judgment or ruling is not stopped.