The procedure for filing a lawsuit, what is the procedure for filing a lawsuit

As long as the agreement does not violate the provisions of the law, it is valid, you can go to the local court to sue, under normal circumstances, the first instance limit of civil cases is six months, as long as the other party does not appeal, the performance period determined by the judgment will take effect when it arrives, if the appeal is added, there will be an additional three months of the second instance trial period, the above is just an ordinary situation, and the time will be extended in special circumstances.

Main Proceedings in Civil Proceedings:

Civil litigation is a civil lawsuit. The main procedures of civil litigation include the parties' lawsuit, the people's court's acceptance, the trial, the judgment, the parties' appeal, the second-instance court's trial, the judgment, the retrial procedure and the enforcement procedure.

Party litigation refers to citizens, legal persons and other organizations filing lawsuits in the people's courts when their civil rights and interests are infringed upon or disputes arise with others. Where, after reviewing a party's lawsuit, the people's court finds that the requirements for filing a lawsuit as provided by law are met, accepts it, and decides to file and accept it, it shall notify the plaintiff within 7 days. After the people's court accepts the case, it shall follow the legally-prescribed procedures for trial after completing the investigation and preparatory work before trial.

Cases in which the court applies the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed, and where there are special circumstances, apply for an extension in accordance with the legally-prescribed procedures. If a party is dissatisfied with the judgment made by the court of first instance, he or she may appeal to the people's court at a higher level of the court of first instance within the appeal period prescribed by law, thus triggering the second-instance trial procedure. The second-instance people's court shall accept cases that meet the legally-prescribed requirements for appeal.

The court of second instance shall hear the appeal case. After reading the case file and investigating, questioning the parties, and after the facts have been checked clearly, if the collegial panel finds that it is not necessary to conduct a trial, it may also make a judgment or ruling. The second-instance trial court's hearing of an appeal against a judgment shall complete trial within 3 months of the second-instance trial case being filed, and where there are special circumstances that require an extension, the court president is to approve it.

People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the case in the second-instance trial. The judgment or ruling of the second-instance people's court is the final judgment or ruling. Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the original people's court or the people's court at the level above for a retrial, but the enforcement of the judgment or ruling is not stopped.

When a people's court hears a case in accordance with the retrial procedures, if a judgment or ruling that has already taken legal effect was made by the court of first instance, it is to be tried in accordance with the ordinary procedures of the first instance, and the judgment or ruling made may be appealed by the parties. If a legally effective judgment or ruling is made by a court of second instance, it is to be tried in accordance with the procedures of the second-instance trial, and the judgment or ruling made is a judgment or ruling that has taken legal effect. Since retrial cases are tried in accordance with the original trial procedures, the time limits for trial, judgment, and judgment are all conducted in accordance with the provisions of the original trial procedures.

1) Prosecution: Submit the complaint to the case filing division of the court with jurisdiction.

2) Case filing and review:

1. If the conditions for filing a case are not met, the decision will not be accepted within 7 days. If the plaintiff is not satisfied with the ruling, he shall appeal to the people's court at a higher level within 10 days.

2. If the conditions for filing a case are met, the plaintiff shall be notified to pay the litigation fee within 7 days, and the case shall be filed after the fee is paid.

c) After acceptance:

1.The court shall serve a copy of the complaint on the defendant within 5 days, the defendant shall reply within 15 days, and the court shall send a copy of the reply to the plaintiff within 5 days of receiving the reply.

2.Notify the parties to exchange evidence, and make a ruling on property preservation based on the parties' application, and immediately begin enforcement.

4) Scheduling**: Notify the parties** of the time, place, and undertaker 3 days in advance, and make an announcement 3 days in advance of the case for public trial.

5) ** Trial:

1.Announce **, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal.

2.Court investigation: The parties state the facts of the case.

3.Presentation of evidence and cross-examination: inform witnesses of their rights and obligations, testify against witnesses, read out the testimony of witnesses who did not appear in court, and present documentary evidence, physical evidence and audio-visual materials; The parties to the two sides express their opinions on the evidentiary materials.

4.Court debate: The parties argue and argue on the disputed factual and legal issues of Yan Qiaodou.

5.Court mediation: Under the auspices of the court, the parties agree to settle the dispute.

1) Reach a mediation agreement: make a mediation agreement, take effect after both parties sign it, and the parties perform the content of the mediation agreement or apply for execution, and submit an application for retrial to the court's telling division.

2) Failure to reach a mediation agreement: The collegial panel makes a ruling (pronounced judgment) by deliberation.

6. Consent to judgment: The parties automatically perform the obligations determined in the judgment document or submit an application for enforcement to the court of our court.

7 Disagree with the referee:

1) Ruling: Appeal to the higher people's court within 10 days from the date of service.

2) Judgment: Appeal to the higher people's court within 15 days from the date of service.

8. Appeal: Submit the appeal brief to the court undertaker, pay the appeal fee according to the regulations, and the court shall serve a copy of the appeal to the opposing party within 5 days, and the other party shall reply within 15 days.

Legal Analysis: 1. Prosecution. Civil litigation begins with a lawsuit, and a lawsuit is the initiation of proceedings.

The first task of filing a lawsuit is to write a complaint. A civil complaint is an important legal document for initiating litigation proceedings. A good complaint is not only related to whether the court will accept it, but also an important factor in determining the outcome of the lawsuit.

Therefore, it is necessary to have a good idea and design when writing a complaint, otherwise, it will not only affect the outcome of the lawsuit, but also sometimes cause a loss of expenses.

2. File a case. Filing of pleadings in accordance with the selected filing court. When filing a case, it is necessary to have three materials in the hall: first, when the people's court submits a complaint, it is necessary to submit a copy according to the number of parties; the second is to submit evidence and other relevant materials; The third is the plaintiff's ID card (to be verified) and a photocopy.

Three**. **The procedure consists mainly of a court investigation and court arguments. In the court investigation stage, the judge will summarize the focus of the dispute between the two parties, and then the two parties will present and cross-examine evidence according to the focus summarized by the judge.

4. Judgment. Judgment is the work of the courts. It is a judgment made by the court in accordance with the law based on the facts examined in court. After receiving the judgment of the court, either party is dissatisfied with it has the right to appeal.

5. Implementation. Whether it is a first-instance judgment or a second-instance judgment, after it takes effect, the parties must perform it. If a party does not take the initiative to perform its obligations within the time limit determined by the judgment, the other party shall promptly apply to the court for a change of course.

The time limit for applying for enforcement is two years. If the application for enforcement is more than two years, the other party can no longer perform.

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

Article 2: The tasks of the Civil Procedure Law of the People's Republic of China are to protect the parties' exercise of procedural rights, to ensure that the people's courts ascertain the facts, distinguish between right and wrong, correctly apply the law, promptly hear civil cases, confirm the relationship between civil rights and obligations, sanction civil violations, protect the lawful rights and interests of the parties, educate citizens to conscientiously abide by the law, preserve social and economic order, and ensure the smooth progress of the cause of socialist construction.

Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.

Article 4: This Law must be complied with in all civil litigation conducted within the territory of the People's Republic of China.

Article 5: Foreigners, stateless persons, foreign enterprises and organizations suing or responding to litigation in the people's courts have the same procedural rights and obligations as citizens, legal persons, and other organizations of the People's Republic of China.

Where foreign courts restrict the civil procedural rights of citizens, legal persons, and other organizations of the People's Republic of China, the people's courts of the People's Republic of China implement the principle of reciprocity in the civil procedural rights of citizens, enterprises, and organizations of that country.