Simple cases, a pleading, a few pieces of evidence, the registration of the people's court's ** service applet, according to the requirements of the case, generally no problem, after the submission of the court.
If you receive a summons after the year, go alone, what are the precautions?
The trial is a litigation activity in which judges, parties, and people participate together, and it is also an important part of the trial.
The trial consists of three stages: courtroom investigation, courtroom debate, and final statement, and the court may combine the courtroom investigation and courtroom debate based on the specific circumstances of the case and with the consent of the parties.
In view of **, the author has summarized several questions based on his own experience for reference.
1 Print the summons and confirm the time and place.
First of all, it is necessary to clarify the time and place of **, especially if it is in a different place, it is best to confirm it with the judge's assistant before **.
Confirm whether it's online or offline.
If it is an offline trial, determine the ** location, some courts have moved, but the court address will also be displayed on the map, at this time, it is necessary to look at the subpoena address to determine.
Consider the time it takes to get stuck in traffic, parking, and finding court, and make sure there is a lead time.
If it is online**, remember to log in to the online link first, debug the network environment, and familiarize yourself with the online trial system.
If it is inconvenient offline, you can write an "Online ** Application Form" and apply for online **. It is up to the court to decide whether to agree or not.
If it is a different place, before departure, check with the judge's assistant to determine whether it is carried out as scheduled, whether there is a reschedule, etc., and have encountered a temporary rescheduling before, and if there is a problem with intermediate information communication, it may be a trip in vain.
2 **Pay attention to check the court materials and see if there are any omissions.
As the plaintiff, check your own complaint and evidentiary materials, whether the defendant has submitted a reply and evidence, and whether the materials received are complete. After receiving the reply and evidence, it is necessary to make supplementary comments on the defendant's reply when necessary, and prepare opinions for debate on the evidence submitted.
As the defendant, check whether you have received the plaintiff's complaint, if there are schedules and attachments, check whether there are any omissions, and if there are omissions, ask the assistant and the other party in time.
If there are objections to the evidence submitted by the plaintiff, submit cross-examination opinions.
At the same time, write a good defense opinion, collect and sort out the evidence, see if there are any omissions, try not to raid the evidence, and submit it to the judge within the time limit for presenting evidence and before the trial.
With regard to evidence, the originals should be prepared and checked at the trial.
3. Enter the trial process.
On the same day, bring your identity documents, which are divided into court investigation, court debate, and final statement.
**Statement:First, the plaintiff reads out the complaint, clarifying the claims and the facts and reasons for the claim, and if it is inconsistent with the written complaint, and there are changes or supplements, it is to be published together.
The defendant issued a reply to the plaintiff's complaint.
Forensic Investigation:The plaintiff presents a catalogue of evidence and the content of the evidence, explains the purpose of the proof, and prepares the original.
The defendant responded to the plaintiff's evidence from the authenticity, relevance, legitimacy and purpose of the evidence. After that, the defendant presented evidence again, and the plaintiff cross-examined the evidence.
Arguments in court: After the court investigation is completed, the judge summarizes the focus of the dispute and enters the courtroom debate. The two sides expressed their arguments around the focus of the dispute.
Courtroom debates may be conducted in multiple rounds depending on the circumstances. If the defendant is absent, the court argument will not proceed and the final statement will proceed.
In the final statement stage, if both parties have final opinions on the case, they may express them at this stage.
Court Mediation:The judge will ask both parties if they have the intention to mediate, and if they both agree to mediation, the judge will preside over in-court mediation or post-trial mediation.
If the mediation is unsuccessful or the parties do not agree to mediation, the judge will pronounce the judgment in court or at a later date.
4 Precautions for trial details.
4-1 What kind of work will the adjudicators do before the trial begins?
Before the first day, the court will check the identity of the parties, including ascertaining the identity card and other materials of the original defendant, and if there is a person, check the identity information, authority, and authorization materials of the person; Announce the list of adjudicators and clerks, inform the parties of their relevant procedural rights and obligations, and inquire whether they have applied for recusal.
4-2 Can I take photos or videos while observing the trial?
No. Parties shall obey the court's commands, abide by courtroom discipline, and must not make audio or video recordings of trial activities.
4-3 If the plaintiff does not appear in court or withdraws from the courtroom, how will the court deal with it?
The plaintiff is summoned by a court summons and has the obligation to appear in court on time, and if he refuses to appear in court without a legitimate reason, or leaves the court halfway, it may be handled as a withdrawal of the lawsuit, and if the defendant counterclaims, a judgment may be rendered in absentia.
4-4 If the defendant does not come**, how will the court deal with it?
If the defendant is unable to appear in court for a legitimate reason, the court may consider adjourning the trial. However, if the defendant refuses to appear in court without a legitimate reason after being summoned, the court shall, within a reasonable time, make a judgment in absentia after hearing the litigation claims of the parties appearing in court, the arguments of both parties, and the evidence and other litigation materials that have been submitted.
4-5 When will the verdict be pronounced after the court session? How is the sentence pronounced?
The court may announce the verdict in court or at regular intervals, but it shall be conducted in public. Judgment documents are to be served in accordance with the method of service determined by the parties, and if they cannot be served after exhausting the means of service, the court will announce the service. At the time of pronouncement of the judgement, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal is made.
Article 241 of the Interpretation of the Civil Procedure Law stipulates that if the defendant refuses to appear in court without a legitimate reason after being summoned by summons, or leaves the court without the permission of the court, the people's court shall try the case on time or continue, and may make a judgment in absentia in accordance with law after hearing the litigation claims of the parties appearing in court, the arguments of both parties, and the evidence and other litigation materials that have been submitted.
4-6 What does the judge say when he asks for an opinion of evidence?
For example, in private lending, requiring the defendant to repay principal and interest is a demand, on the grounds that the two parties have a loan relationship, a contract, and a transfer certificate. At this time, the plaintiff will submit the loan contract and vouchers. However, it is not enough to only submit evidence, but it should also explain the content and purpose of the evidence submitted, which is the opinion of proof.
Parties shall provide evidence to prove the facts on which their own litigation claims are based or on which they refute the other party's litigation claims.
4-7 Can the court be asked not to admit the evidence of the other party's surprise attack?
The parties shall submit evidence within the time limit for presenting evidence, and if the submission is overdue, it needs to be divided into circumstances. If the evidence provided by the parties is late due to intentional or gross negligence, the court will not admit it.
However, if the evidence is related to the basic facts of the case, the court shall accept it and give a reprimand and fine in accordance with the provisions of article 68 and article 118, paragraph 1 of the Civil Procedure Law. If the evidence is not provided within the time limit due to intentional or gross negligence, the court shall accept it and admonish the parties.
In practice, if the circumstances are not particularly serious, it may be required to specify a separate time limit for the presentation of evidence and cross-examination, and at the same time require the court to reprimand and impose a fine on the late submission of evidence.
4-8 What is the burden of proof?
The burden of proof is who is responsible for providing evidence to prove it, and if it cannot be provided or the evidence is insufficient, it shall bear adverse legal consequences.
In general contract disputes, the party asserting the formation of the contract shall bear the burden of proof for the basic facts that gave rise to the legal relationship. Where a claim is made for the modification, dissolution, invalidity or revocation of the contractual relationship, the burden of proof shall be borne on the facts that caused the change in the contractual relationship.