What are the precautions in the lawsuit?

Litigation is a common situation in life now, but if the dispute falls on you, you should know more about the litigation in advance. So, what are the precautions in the lawsuit? What problems should I consider when I ask a lawyer to file a lawsuit or file a lawsuit myself? Let's have a look! Issues to be considered before litigation (1) Generally speaking, litigation is the last way to resolve disputes. Once you decide to go to court, you need to be prepared for 100%, and you should be prepared to bear the lawsuit from your heart, regardless of the outcome of the lawsuit.

(2) The litigation cost is expensive. Litigation is to safeguard legitimate interests, but safeguarding interests requires economic cost, time cost and energy cost.

(3) Treat the lawyer's fees correctly. If you choose to entrust a lawyer to provide litigation services, the economic costs you need to pay include lawyer's agency fees and court litigation fees. Before going to court, you must calculate the economic amount you want to spend. If the legal aid conditions stipulated by the government are met, the lawyer's fees and some court proceedings will be saved.

(4) It takes a long time to go to court. There is a long trial process in litigation, including first trial, second trial and retrial. If the litigation facts are simple, the right and wrong are clear, and the litigation strategy is appropriate, then your litigation can be "fast"; If the litigation facts are complicated, the application of the law is difficult, and the disputes between the two parties are seriously opposed, then you should be prepared for a "protracted war" and spend a long time to deal with it. Therefore, you should fully prepare time.

(5) The parties, especially the party who initiated the lawsuit, all think that they are the most reasonable. However, if the court does not agree, support or not fully support the litigation request, you will have a strong sense of frustration and often have doubts about judicial justice.

In this case, you must strictly proceed from the point of view of facts and law, and invite professional legal professionals to make objective and neutral analysis and judgment on your lawsuit, and think calmly and rationally. Litigation is a fierce technical and intellectual activity. Both sides will concentrate all their energy and try their best to compete with each other. This process will have a great impact on your energy, so you need to be fully prepared.

(6) Lawyers do not guarantee success. All lawyers expect to win the lawsuit they represent, but the reality is very complicated. The success or failure of a lawsuit is related to many factors: evidence, the application of law, lawyers' litigation skills, judges' trial level, the influence and sensitivity of litigation and other social reasons outside the law. At the same time, the internal trial procedure of the court can be checked by the presiding judge, collegiate bench, court leaders, judicial committees and even higher courts, and decided through collective discussion. These situations are beyond your or your lawyer's actual control.

(7) Litigation is a game of interests between litigants. Under the current basic social structure of "acquaintance society", it seems that social rules play a leading role.

But my litigation experience is that law and facts are the basis for deciding the final outcome of litigation, and this rule remains unchanged. Usually, the parties feel that I gave the judge a gift, and the judge will definitely speak for me, but the final result is counterproductive. The judge will still write the law and facts in the judgment, and the judge will not be black and white for your little benefit.

(8) In the current civil trial environment, it is not easy to judge by emphasizing mediation. Therefore, it is good for you to stick to the principle and keep a certain flexibility.

Asking for mediation is based on the premise of distinguishing right from wrong. One side gives in and the other side actually gives up. Don't simply think that mediation is muddling along.

Please pay attention to confirm the lawyer's qualification and whether the lawyer holds the lawyer's qualification certificate; Knowing the lawyer's practice years and cases handled during his practice can objectively understand the lawyer's level through his past performance; Face-to-face consultation is needed to understand lawyers' legal thinking and grasp of cases. Some lawyers' short practice years do not mean that they are incompetent, so face-to-face consultation is also needed. You must have a clear understanding of the contract when entrusting a lawyer.

In addition, there are some specific considerations:

(1) Lawyers have a professional division of labor. Lawyers with mature business generally have their own specialties. Lawyers can be "experts" in one, two or three legal fields (generally not more than three fields), but they can't be "generalists" who cover everything.

(2) Comparison of lawyers. There are different levels of lawyers. Only by choosing more lawyers to compare can we hire a satisfactory lawyer.

(3) The lawyer's fee can be negotiated, but the lower the better. The lawyer's service fee charged by a law firm shall be determined according to the subject matter of the case and the Implementation Measures for the Management of Local Lawyer's Service Fee, taking into account other specific circumstances of the case (including the complexity of the legal relationship of the case, the difficulty of obtaining evidence, the length of lawyers' working hours and other related factors).

(4) Litigation is risky. Lawyers with rich litigation experience and sense of responsibility will tell the parties that "any lawsuit is risky and we can't promise to win." Before seeing the effective judgment, any promise of winning the prize is illegal and dishonest.

Precautions for Private Prosecution (1) Whether your claim has a legal basis and is in compliance with legal restrictions.

(2) Whether the evidence is sufficient and how to improve your claim through litigation. The most important thing in a lawsuit is to prepare evidence. Legal facts are composed of evidence, but they are not necessarily true facts! No one knows what the real facts are except the parties concerned. The facts determined by the court are facts composed of evidence, so to convince the judge, please speak with evidence!

(3) How the other party may plead and how to respond.

(4) Sign the court record after it is verified. During the trial, the clerk will record the trial process. After the trial, the parties will be required to sign the transcript. Many people think that there is nothing wrong with the court remembering and signing without even looking at it. This is not right! It must be checked to see if the words recorded by the clerk in court are accurate. Remember to adjust the wording of incomplete or individual content. If it doesn't affect the meaning, there is no need to ask for adjustment. However, if the content of the transcript is inconsistent with your original intention, you must ask for correction!

Notice to Plaintiffs in Litigation (1) You should make sure whether the dispute you are involved is within the scope of court acceptance, and don't think that any dispute will be accepted by the court.

(2) You should determine who the defendant is. Don't think this is a ridiculous question. On the contrary, this is a very important issue. If the defendant is not accurately identified, it is likely that the court will not accept your lawsuit; Even if the court accepts it, it will dismiss the prosecution. On the other hand, there may be a variety of litigation methods to deal with a dispute, or there may be multiple defendants to choose from. How to choose the defendant correctly often involves the formulation of specific cases and litigation strategies, which is a litigation skill. If you can't judge in this respect, the best way is to consult a lawyer.

(3) You should have sufficient evidence. The court tries cases on the basis of facts, and the main basis for ascertaining facts is evidence. In general litigation, the principle of "whoever advocates gives evidence" is followed in principle, so as a plaintiff, evidence is very important, and it is often unwise to file a lawsuit without collecting basic evidence.

(4) Choose the court that has jurisdiction over the case to file a lawsuit. According to the procedural law, the court also deals with jurisdiction issues, including regional jurisdiction and hierarchical jurisdiction. In principle, if you choose a court without jurisdiction to file a lawsuit, the court will tell you to file a lawsuit in a court with jurisdiction. But in order to reduce the unnecessary energy you spend on litigation, you'd better not choose the wrong one.

Precautions for Defendants in Litigation (1) After receiving the indictment served on you by the court, you are the defendant. At this time, you should immediately investigate the controversial contents involved in the complaint, such as going to the court to check the evidence submitted by the plaintiff.

(2) Carefully determine the coping strategies. The attitude of contempt is unacceptable. Failure to respond in absentia is equivalent to being trampled on, and the court's default judgment is often unfavorable to the defendant.

(3) Consult relevant legal materials as soon as possible and be familiar with the litigation procedures, otherwise you will lose your rights inadvertently and suffer a big loss.

(4) Don't comment on the dispute at will (especially in writing), because it may bring you the risk of losing the case or being unfavorable. A good idea is to consult your lawyer.

(1) What are the litigation risks? The prosecution does not meet the statutory conditions. There are two kinds of risks when the prosecution does not meet the statutory conditions: first, the court does not accept it, that is, the prosecution is white; Second, the court rejected the prosecution after accepting it, which was equal to losing the case.

(2) the prosecution does not meet the requirements of jurisdiction. The risk that prosecution does not meet the requirements of jurisdiction is: to sue in a court, but a court has no jurisdiction, and the case will eventually be tried by other courts.

(3) improper claims. The risk book suggests: "The claims made by the parties should be clear, specific and complete, and the people's court will not hear the claims that have not been made." The risks of improper litigation request are: the court will not hear it; The court does not support it; Pay legal fees for nothing.

(4) Change the claim period. The risk that the parties change their claims or file counterclaims within the time limit is that the court will not hear them.

(5) beyond the limitation of action. The time for the parties to request the people's court to protect their civil rights is generally two years (special year). The risk of exceeding the limitation of action is that its claim will not be supported by the people's court, that is, the prosecution is invalid.

(6) The authorization is unknown. Entrust litigation to represent litigation affairs. If the power of attorney is not clear about the authorized matters, the risk lies in the opinions expressed by the litigation agent on specific matters (recognition, waiver, change of litigation request, mediation, counterclaim or appeal, etc.). ) has no legal effect, that is, it has no legal significance, that is, it has no meaning.

(7) Failing to pay the litigation fees on time. The risk that the parties fail to pay the legal fees on time is that the court will automatically withdraw the appeal, that is, sue in vain; If you counterclaim, the court will not hear it.

(eight) the application for property preservation does not meet the requirements. The risks of applying for property preservation are: (1) the court does not take preservation measures; (2) The application was rejected; (3) Compensation for losses.

(9) Failure to provide or provide sufficient evidence, and the risk of failure to provide corresponding evidence in litigation is: facing adverse adjudication consequences, that is, the court does not support its litigation request and appeal.

(10) Providing evidence beyond the time limit for presenting evidence. The risk that the parties give evidence beyond the time limit is that the court may regard it as giving up the right to give evidence, that is, not giving evidence.

(1 1) does not provide original evidence. If the parties do not provide the original evidence, the risks are: the probative force of the evidence will be affected; The evidence is inadmissible.

(12) The witness does not testify in court. The risks of witnesses not testifying in court are: the evidential effectiveness of witness testimony will be affected; The witness's testimony was not accepted.

(13) Failing to apply for audit, evaluation and appraisal as required. The risk that the parties fail to apply for audit, evaluation and appraisal according to the regulations is that there will be referee consequences that are not conducive to them.

(14) The plaintiff failed to appear in court on time or withdrew from court halfway. The risks of the plaintiff's failure to appear in court on time or the withdrawal of the lawsuit are: the lawsuit will be withdrawn automatically, that is, no lawsuit will be filed; If the defendant counterclaims, he will be tried in absentia as a counterclaim defendant.

(15) The defendant failed to appear in court on time or left court halfway. The risk that the defendant fails to appear in court on time or leaves the court halfway is that the court will make a judgment by default.

(16) The delivery address is not accurate. In a case tried by summary procedure, the risk that the parties fail to provide the service address accurately is that the litigation documents served by the court are returned, but they are legally regarded as served.

(17) late application for enforcement, etc. The risk of a party applying to the people's court for enforcement beyond the prescribed time limit is that the court will not accept its application, that is, the lawsuit will be in vain.

Matters needing attention in different litigation: real estate dispute litigation;

Confirm the defendant: if it is an individual, you can print the household registration certificate at the police station where the other party's household registration is located; If it is a company, you can print the basic registration information of the company in the Administration for Industry and Commerce.

Write a civil complaint: the complaint should state the identity, claims, facts and reasons of the parties. In order to ensure the smooth execution of the judgment, you can also apply to the people's court for property preservation measures.

Submit the complaint and evidence: when ready, submit the complaint and evidence to the filing court of the people's court for litigation. After the case is accepted, the people's court will issue a Notice of Acceptance of the Case and a Notice of Obtaining the Certificate, and notify the payment. If the legal fees are not paid in accordance with the regulations within seven days, the people's court will rule to dismiss the prosecution.

Proof: After filing a case, the people's court may specify a time limit for proof, requiring that all evidence materials be submitted within the time limit, and the evidence submitted after the time limit will not be cross-examined.

Hearing: After filing a case, the people's court will arrange the date of hearing and notify the parties in advance. If the plaintiff fails to do so without justifiable reasons, the people's court will rule to dismiss the prosecution.

Trial in court: it needs to go through the procedures of verifying the identity of both parties, informing the parties of their litigation rights and obligations, asking the parties whether to apply for withdrawal, starting court investigation, giving evidence and cross-examination, asking the judge, debating in court, presenting final opinions, court mediation and sentencing.

Matters needing attention in real estate dispute litigation

First of all, according to the principle of "whoever claims, who gives evidence" in the Civil Procedure Law, when bringing a real estate lawsuit, a clear request should be made. Present valid evidence to the people's court around these litigation requests.

Secondly, if a party refuses to accept the judgment of the court of first instance, he can appeal to the next higher court within 15 days from the date of receiving the judgment; If you are still dissatisfied with the judgment of the second instance, you can file a retrial within 2 years after the final (second instance) judgment becomes legally effective; Or in accordance with the provisions of Article 187 of the Civil Procedure Law, request the procuratorial organ to lodge a protest according to law.

Finally, in order to ensure the smooth execution of the judgment, the parties may apply to the people's court for taking preservation measures against the corresponding property of the respondent according to the provisions of Article 92 of the Civil Procedure Law. In addition, according to the provisions of the General Principles of the Civil Law on the limitation of action, when the parties file a real estate lawsuit, they must file it within the two-year limitation period stipulated by law to avoid losing their litigation rights.

Traffic accident litigation process:

Prosecution: confirm who the defendant is _ write a civil complaint _ submit the complaint and evidence to the court filing room.

Trial: Arrive at the court on time _ Trial

Judgment: before the judge makes a final judgment, he can apply for withdrawal of the lawsuit. If the parties think that the case may be unfavorable to them, they may apply to the court for withdrawal of the lawsuit and submit an application for withdrawal in civil proceedings.

How long does it usually take to file a lawsuit for traffic accidents?

Litigation time: the first trial usually takes 3-6 months, and traffic accident cases can be closed in 3 months in most cases.

After the first-instance judgment is issued, both parties accept the judgment and the first-instance judgment takes effect. If either party refuses to accept the appeal, a second trial will be held for three months. The second trial is final and no further appeal is allowed.

If the defendant can consciously perform the effective judgment of the first instance or the second instance, the lawsuit is terminated. If the defendant refuses to perform, he needs to apply to the court for enforcement. Although the law stipulates that the execution should be completed within 6 months, generally speaking, traffic cases can be completed in about 1 month.

Creditor's rights legally established in debt recovery proceedings are protected by law. A contract is an agreement between the parties to establish, change and terminate a civil relationship. Contracts established according to law are protected by law.

Remember the statute of limitations for debt collection. The limitation of action stipulated by law means that the obligee fails to exercise his rights within the statutory period, that is, he loses the right to request the court to force the obligor to perform his obligations according to the litigation procedure.

How to calculate the limitation of action? If there is an agreed repayment date, the limitation of action shall be two years from the day after the repayment date. If there is no agreed repayment date, the limitation of action shall be two years from the date of claiming the creditor's rights from the debtor.

Debt collection evidence can be used as evidence. Loan agreement or IOU; The loan relationship has a guarantor. Evidence about the guarantee; Proof of payment and collection by both borrowers and borrowers; Proof of the debtor's loan purpose; Proof that the debtor should pay interest; If there is no interest agreement, the creditor requires the debtor to pay the overdue interest, or the interest-free loan on an irregular basis has not been repaid after being urged, and the creditor requires to pay the interest after being urged, there shall be evidence that it has not been repaid due or after being urged; If the debtor's whereabouts are unknown, there shall be relevant evidence to prove the authenticity of the creditor's rights certificate and pay off the debt; Payment and interest payment vouchers, etc.

The interest on borrowing money should be reasonable. If both parties have not agreed on the interest within the loan term and the lender claims the interest, the people's court will not support it. If the interest agreement between the two parties is not clear, the court does not support the loan interest between natural persons; In addition to loans between natural persons, including loans between legal persons and between natural persons and legal persons, the people's court shall determine the interest according to the contents of private loan contracts and the local or the parties' trading methods, trading habits, market interest rates and other factors. Both parties agree on the interest within the loan period, and the court will support the interest that does not exceed 24% of the annual interest rate; This part of the interest that exceeds 24% of the annual interest rate but does not exceed 36% of the annual interest rate belongs to the part that the court will not pursue. If the borrower asks the lender to return it after paying, the court will not support it. If the borrower fails to pay back, the court will not support it. If the annual interest rate exceeds 36%, the court will not support it.

Divorce preparation evidence in divorce proceedings: evidence to prove that the original defendant meets the subject qualification; Evidence that the relationship between husband and wife has indeed broken down; Proof that there is evidence that the husband and wife have joint property; Evidence of extramarital affairs and bigamy.

Compensation standard for divorce damages: compensation for divorce mental damages refers to that when one party commits bigamy, lives with others, commits domestic violence or maltreats or abandons family members, the injured party can claim compensation for mental losses from the other party.