Is it a case of second instance with different claims, different defendants, and different subject m

It is not a first instance, but multiple cases, which are tried separately.

Legal analysis: It does not have to be the same, and the source of the stove can increase the claim. However, litigation claims that were not raised in the first instance are not tried in the second instance, that is, mediation may be organized in the second instance, and if mediation fails, a separate lawsuit will be filed.

Legal basis: Article 188 of the "Civil Code of the People's Republic of China" Article 188 The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Legal analysis: 1. If the same facts and litigation claims have been determined by the court, they cannot be sued again. 2. If the court does not accept or withdraw the lawsuit on the same facts, or if it is not the same litigation claim, it may file a lawsuit again.

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

Article 212:In cases where a ruling is made not to accept or reject a lawsuit, and the plaintiff initiates a lawsuit again, and meets the requirements for initiating a lawsuit and does not fall under the circumstances provided for in article 124 of the Civil Procedure Law, the people's court shall accept it. Prepare for the letter.

Article 210: Where the plaintiff withdraws the lawsuit or the people's court handles it as withdrawn, and the plaintiff files a lawsuit again with the same claim, the people's court shall accept it.

In divorce cases where the plaintiff withdraws the lawsuit or is handled as withdrawn, and there are no new circumstances or new reasons, and the lawsuit is filed again within six months, it is not to be accepted in accordance with the provisions of article 124, item 7 of the Civil Procedure Law.

Legal analysis: 1. For the same incident, if the subject matter of the litigation is different and the defendant is different, a separate lawsuit may be filed.

2. After the court accepts the case, if it believes that it can be tried together, and with the consent of the parties, it will be combined to try the Chang type.

3. Because the subject matter of the litigation is different, the litigation behavior of one party will not be effective against the other litigants.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 140: Where the plaintiff adds a claim, the defendant makes a counterclaim, and a third party submits a claim related to the case, it may be combined for trial.

It is not possible to sue with two causes of action at the same time, and the cause of action is the name of the case formed by the people's court after summarizing the nature of the legal relationship involved in the litigation case, but under certain circumstances, there will be situations where the two causes of action are juxtaposed. If two or more legal relationships are involved in the same litigation and belong to a master-slave relationship, the people's court shall determine the cause of action based on the principal legal relationship, but if the parties only sue on the basis of a subordinate legal relationship, the cause of action shall be determined by the subordinate legal relationship; If it is not a master-slave relationship, the cause of action shall be determined by the legal relationship between the parties, and if it is both a legal relationship at issue, the two parallel causes of action shall be determined according to the two or more legal relationships in dispute. Where a party wants to file a lawsuit, it may prepare a complaint and other evidentiary materials related to the case and submit it to the people's court with jurisdiction, and the people's court shall serve a copy of the complaint on the defendant within 5 days of filing the case, and the defendant shall submit a reply within 15 days of receiving the slag.

The parties also need to pay attention to the legal requirements for filing a lawsuit: 1. The plaintiff is a citizen, legal person or other organization with a direct interest in the case. 2. There is a clear defendant.

3. There are specific litigation claims, facts and reasons. 4. It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 122 of the Civil Procedure Law provides that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit. Article 123:Prosecutions shall be submitted to the people's courts, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Summary. Hello, the different subject matter of the lawsuit is different for different defendants, but if the information is not a heavy lawsuit with the previous lawsuit, it does not constitute a duplicate lawsuit, and if the conditions for repeated lawsuit are not met, the parties have already filed a lawsuit in the course of the litigation or after the judgment takes effect.

The subject matter of the prosecution is different, and the defendant is different, but the information is not the same as that of the previous prosecution?

Hello, the different subject matter of the prosecution is different for different defendants, but if the information is lenient and the previous lawsuit is not considered a heavy lawsuit, it does not constitute a duplicate lawsuit, and the conditions for repeated litigation are not met.

According to the provisions of the Civil Procedure Law of the People's Republic of China, if the conditions such as the same subject matter of the litigation are met, it constitutes duplicate litigation. Therefore, the difference in the subject matter of the litigation does not constitute a duplicate litigation. If a party clearly asserts that "new facts have occurred" when filing a separate lawsuit, and this claim should be judged by the court in the substantive trial, and it is impossible for the court to judge that the party's claim that "new things are honest" before the case is accepted is not established, so the court must accept the party's lawsuit.

Legal analysis: The same legal relationship can be sued at one time, not the same legal relationship, it must be prosecuted separately, that is, it must be handled as two cases. If the court finds that the trial can be joined, and the two plaintiffs also agree, the court may join the trial.

The law is according to God:

Article 35 Where two or more people's courts have jurisdiction, the plaintiff may file a lawsuit with one of the people's courts; Where the plaintiff files a lawsuit with two or more people's courts with jurisdiction, the people's court that first files the case has jurisdiction.

Legal Analysis: The same defendant borrowed money from both plaintiffs, which is the same legal relationship, but not the same legal relationship. It is possible to sue together, but it must be prosecuted separately, that is, it must be handled as two separate cases.

If the court finds that the trial can be joined, and the two plaintiffs also agree, the court may join the trial.

The people's court finds that the litigation that can be tried together and with the consent of the parties is roughly divided into the following types of cases:

1) Litigation arising from a dispute over common property.

2) Litigation arising from joint and several claims or joint and several debts.

3) Litigation arising from joint infringement for personal damages.

4) Litigation in which the partnership is a party.

5) Litigation arising from joint maintenance, maintenance, or upbringing.

6) The scope of litigation arising from joint inheritance.

Legal basis: Article 247 of the Civil Procedure Law of the People's Republic of China.

Where a party sues again in the course of litigation or after the judgment has taken effect, and the following conditions are met at the time of the same sale, it constitutes a duplicate lawsuit:

1) The parties to the later lawsuit are the same as those in the previous lawsuit;

2) The subject matter of the litigation in the later litigation is the same as that in the previous litigation;

3) The claims of the later lawsuit are the same as those of the previous lawsuit, or the claims of the later lawsuit essentially negate the judgment of the previous lawsuit.

Where parties file repeated lawsuits, a ruling is made not to accept them; where it has already been accepted, a ruling is made to reject the lawsuit, except as otherwise provided by laws or judicial interpretations.