Litigation is a major matter related to vital interests, and it is necessary to have an understanding of the basic litigation rules, and some omissions or illegal operations are likely to lose the lawsuit. If you don't understand, you must have someone who understands to help you, and the odds of winning can be greater if you think it through!
Active rights protection is key
If you can't defend your rights through other legal means, whether it's a matter of a few hundred dollars or a few thousand dollars, it's worth suing. If the case is complex and involves significant financial or other interests, it is worth spending money on a lawyer to litigate; If the interests involved are small, it is impossible to ask a lawyer to pay for it, and it is necessary to fightYou can try to fight the lawsuit yourself
However, if you want to protect your legitimate rights and interests through litigation, you must first fully understand your litigation rights and obligations, and secondly, you must provide sufficient evidence, and you should also pay attention to some mattersThere are a few things you must not do!
Don't exceed the statute of limitations
Failure to defend rights in a timely manner may cause irreversible lossesUnder normal circumstances, the statute of limitations for filing a request to the court for protection of civil rights is three yearsThe limitation period for litigation begins on the date on which the rights holder "knew or should have known that the rights were harmed and the obligor", and if it exceeds 20 years from the date on which the rights were harmed, it is not protected by the court, and if there are special circumstances, an application may be made to the people's court for an extension. Where the law provides otherwise for the statute of limitations, follow those provisions.
Taking the collection of arrears as an example, if the creditor does not care about the creditor's rights and neglects to exercise the right beyond the statute of limitations, the debtor will defend that the statute of limitations has expired, and the creditor's right to win the lawsuit cannot be guaranteed. Before the expiration of the statute of limitations, the creditor can assert claims against the debtor in the following ways to interrupt the statute of limitations:Make a request for repayment to the debtor in person; Send a reminder message to the debtor; Entering into a new repayment agreement with the debtor to form a new creditor-debtor relationship; Propose protection rights to organizations such as conciliation committees; report or lodge a complaint with a judicial authority; sue the court and so on.
In cases where the statute of limitations has expired, creditors may considerReservation of right of actionWait until the borrower agrees to perform the debt and reaffirms the original debt.
The litigant cannot be arbitrarily entrusted
Except for cases in which the parties themselves must appear in court, with the permission of the court, the parties may entrust a person to participate in the litigation on their behalf according to the authorization. The law has relevant provisions on the types of entrusted litigants, the entrustment procedures to be submitted, and the authority of the clientIf the other party raises an objection to the qualification of the litigant and provides corresponding evidence to prove it, and we cannot change to the litigant in accordance with the law in a timely manner and the party is unable to appear in court to participate in the litigation, there is a risk of being tried in absentia or dismissed.
Caution should be exercised in entrusting litigation, and relevant provisions should be complied withThe person concerned is a natural person, may entrust lawyers, basic-level legal service workers, close relatives (who have husband and wife, direct blood relatives, collateral blood relatives within three generations, close relatives by marriage, and other relatives who have a relationship of support or support) and citizens recommended by their units or communities to serve as litigants; The parties are legal persons or other organizationsIn addition to retaining a lawyer, the staff of the unit may also be entrusted as the first person in the litigation. In addition to the above-mentioned persons, other citizens with the permission of the people's court may also serve as litigants.
Do not exceed the time limit for the presentation of evidence
It is the responsibility of the parties to provide evidence for their own claimsWhere the parties fail to provide evidence or the evidence is insufficient to prove the factual assertion, the party who bears the burden of proof shall bear the adverse consequences. If the parties and their litigants are unable to collect evidence on their own for objective reasons, or if the court finds that the evidence is needed for the trial of the case, they may submit a written application requesting the court to investigate and collect it, but if the court fails to collect it after investigation, the party who bears the burden of proof shall still bear the adverse consequences of not being able to present evidence.
There is a time limit for the presentation of evidence, and the time limit for the presentation of evidence may be agreed upon by the parties through consultation, and approved by the court or determined by the court. Where parties have real difficulties in providing evidence within the time limit for presenting evidence, they may apply to the people's court for an extension of the time limitThe people's court appropriately extends the time on the basis of the parties' applications. PartiesIf the evidence is provided within the time limit, the court will order them to explain the reasonsWhere they refuse to explain the reasons or the reasons are not sustained, the people's courts may not accept the evidence based on different circumstances, or they will also be reprimanded or fined if they adopt the evidence.
Don't be absent from the trial
Most cases are scheduled in advance**, and if one party is absent without reason, it will not only delay the time of others, but also delay your own time. For those parties and other litigation participants who must appear in court and are unable to appear in court for legitimate reasons, they may apply for an extension of the trial; If you refuse to appear in court without a legitimate reason, there may be three consequences:
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1. The defendant will be summoned to court
Where defendants who must appear in court are summoned by two summonses and refuse to appear in court without a legitimate reason, they may be compelled to appear in court. Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.
2. The lawsuit filed by the plaintiff will be withdrawn
Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.
3. Default judgment
The defendant's absence** will lose the opportunity to respond, and the judge will not be able to know the defendant's views and defenses, which will affect the judgment of the case and is likely to lead to a judgment unfavorable to the defendant.
Seek *** strength
Although litigation is a troublesome matter, it is indeed an important way to effectively protect rights, and when necessary, the right to fight litigation should be exercised to actively defend rights. If you want to get the best power in your own lawsuit, you can consult the legal affairs of the legal protection networkCommunicate the situation in a timely manner and learn more about litigation knowledgeFor example, how long will the case take? How much is the total cost of hiring a lawyer? How do I apply for legal aid? It can also be under the one-on-one guidance of professional legal counselBe prepared for litigationFor example, sorting out information, collecting and submitting evidence, writing legal documents such as complaints and answers, and preparing relevant materials to respond to court debates, etc., clearly explain one's own litigation claims and legal views, and speed up the litigation process.
Legal insurance network cooperates with first-class law firms, has its own professional legal team, provides daily legal consultation, sending lawyer's letters to protect rights, first-class litigation documents, guiding litigation rights protection, case entrustment consultation and other services, from text writing to review There is a strict review system, which can maximize the benefits for the parties to strive for their due interestsPromote the resolution of matters and reduce the cost of rights protection.
*From the Internet, invaded and deleted.