How to assert jurisdiction over off-site lawsuitsThis is the most headache for many parties when facing litigation. Especially in today's highly information-advanced society, more and more people choose to resolve disputes through legal means. However, due to regional differences and different laws and regulations, many people often encounter various difficulties when suing in different places. So, how can you smoothly assert jurisdiction in a different location?
According to the provisions of the Civil Procedure Law of the People's Republic of China, the parties may choose the people's court at the place where the defendant is domiciled or where the contract is performed to initiate a lawsuit. This means that if your lawsuit involves a contractual dispute, you can choose the court where the contract is performed; In the case of an infringement dispute, you need to choose the court where the defendant is domiciled to file a lawsuit.
How is jurisdiction to sue in an off-site manner determined?
1.Determination of the place of performance of the contract.
The place of performance of the contract refers to the place of performance of the obligations agreed in the contract, or the place where the obligations of the contract are actually performed if the place of performance is not expressly agreed. According to Article 18 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the place of performance of contract dispute cases includes: the place of performance of obligations agreed in the contract; the place of delivery of the subject matter as agreed in the contract; the place of payment of the price as agreed in the contract; the place of acceptance of the currency as agreed in the contract; Other locations relevant to the performance of obligations.
2.Determination of the defendant's domicile.
The domicile of the defendant refers to the principal place of residence of the defendant. According to Article 22 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, the defendant's principal place of residence includes: the defendant's household registration; the defendant's habitual residence; the place where the defendant was subjected to compulsory educational measures, custody and reeducation, compulsory drug rehabilitation, compulsory isolation**, etc.; Where the defendant leaves the place of his household registration for reasons such as performing official duties, performing military service, etc., the place of his habitual residence after leaving the place of household registration is the place of residence.
How do I assert jurisdiction when suing in an off-site?
1.Prepare relevant evidentiary materials.
When filing a lawsuit in a different place, you need to provide the following evidence: the identity certificate of the plaintiff, the identity certificate of the defendant, the contract and other relevant evidence. Among them, the contract is the most direct evidence to prove the place of performance of the contract and the domicile of the defendant. In addition, you will need to provide evidence that proves that the matter you are suing is in compliance with the laws of the jurisdiction.
2.Bring a lawsuit in a court of competent jurisdiction.
After preparing the relevant supporting materials, you need to file a lawsuit with a court of competent jurisdiction. Specifically, if your lawsuit involves a contractual dispute, you will need to file a lawsuit with the court of the place where the contract is performed; In the case of an infringement dispute, you will need to file a lawsuit in the court where the defendant is domiciled. When filing a lawsuit, you can choose to file your litigation materials by mail or in person in court.
Please note that different courts may have different format requirements for litigation materials, so it is recommended that you understand and prepare the materials in accordance with the regulations. Beijing lawyer