This means that the case is more difficult and complicated, or the evidence provided by the parties is poor, and the judge may not know how to decide.
Although the burden of proof is imposed by the Civil Procedure Law and other laws, if the relevant party with the burden of proof cannot provide evidence to prove its claim, then it needs to bear the burden of proof that it cannot provide evidence.
However, from a practical point of view, it is also very important to clarify the facts of the case. Otherwise, once the appeal is made, it is very likely that the higher court will remand for a new trial on the basis that the facts are unclear.
Next, let's expand and talk about these related things, I believe you will understand after reading this article in two minutes.
1.The case registration system has been implemented for many years, so as long as the parties' prosecution materials are complete in form, the court will file the case, but it does not mean that the case will definitely be won, even if there is a high probability of winning.
However, according to the latest provisions, after a case is filed, it is not necessarily directly listed as an official name number, and it is still possible to establish a "pre-litigation" case number first.
At this time, the mediation between the two parties, of course, in accordance with the relevant provisions, in terms of the statute of limitations, the establishment of the "pre-litigation adjustment" case number is also determined according to the formal filing of the case, which can cause the statute of limitations to be recalculated.
When during the mediation process, if either party disagrees, or if the parties do not reach a mediation agreement after a period of time, then the case will be converted into a formal civil case number, which is generally established as the "Min Chu" name.
2.After the case number is filed, the court will begin the formal service procedures, and generally the defendant will be served with a copy of the complaint and a summons, and then the plaintiff will be served with a summons.
After receiving it, the defendant may submit a reply to the court, or may submit a reply and relevant evidence in court.
And then there's **, **The time is generally relatively fast, rarely more than an hour.
The process of this trial is different from what is played in TV dramas and movies, there is not so much verbal and confrontational, and the confrontation is not so intense, just go through the normal court investigation and court investigation procedures.
At the end of the hearing, the judge will also ask whether the parties agree to mediation, and if they can agree, they can also mediate.
If mediation cannot be reached, the judge will look back to see whether the case is suitable for adjudication.
3.If the existing evidence is relatively clear, and the relationship between rights and obligations is relatively clear, the judge will issue a judgment even if it is clear.
This judgment may be in favor of the plaintiff's claim, or it may dismiss all of the claims, or it may support part of the plaintiff's claims, and of course it may dismiss the lawsuit.
However, if the existing facts have not yet been fully ascertained, then the judge may also investigate and collect evidence on his own between the two occasions, or he may ask the parties to provide relevant evidence.
The common situations that require a second or even a third time mainly include: the evidence provided by both parties is not clear enough, the key evidence is not provided, or the key parties do not appear in court, etc.
For example, the two parties have a loan relationship, and the plaintiff has produced evidence of the IOU, and the amount of money borrowed is relatively large, but there is no transfer record. For another example, in a dispute involving a personal relationship, the parties themselves did not appear in court, but only appeared in court, and some things were not clear.
4.In fact, in the strictest sense, the rules of evidence can be applied at this time, and from the perspective of the process of civil litigation, the most important thing is the principle of who asserts and who presents evidence. When the court is unable to adduce evidence in its favor and support its claim, the court may not support the party's claims and requests.
But our judiciary, after all, is still to reduce the people's litigation fatigue, and if the dispute can be resolved at one time, it will not be tossed for the second time, so there will be the second and third ** situations, and try to find out the facts of the case in the course of a lawsuit.
Otherwise, the relevant parties need to file a second lawsuit after supplementing the relevant evidence.