What is the specific process of prosecution? Did you send the lawyer's letter first? Or the lawyer can tell the defendant directly and let the defendant go to court.

First, the prosecution and acceptance stage

Rule number one Both parties prepare prosecution materials.

1. Submit a complaint and provide a copy of the complaint according to the number of defendants. The indictment shall specify the original address and contact information of the defendant.

2. Submit the evidence materials related to the litigation request, and attach a list of evidence.

3. Submit the qualification certificates of the plaintiff and the defendant. Individuals provide copies of ID cards, and legal persons or other organizations provide copies of business licenses.

Rule number two File a case for review.

1. The prosecution must meet the filing conditions stipulated in Article 119th of the Civil Procedure Law of People's Republic of China (PRC).

2, does not meet the conditions for prosecution, it shall make a ruling within seven days, inadmissible; If the plaintiff refuses to accept the ruling, he can appeal.

3, to meet the conditions of prosecution, shall be filed within seven days, and notify the parties.

Second, the pre-trial preparation stage

Rule three. Service of litigation documents.

1. After filing the case, the computer system will automatically distribute the case to the presiding judge, who will prepare to serve the relevant litigation documents.

2. The judge in charge shall send the defendant a copy of the complaint, the notice of responding to the lawsuit, the notice of proof, the notice of litigation risk, the notice of the members of the trial court and other litigation documents, and ask the parties to fill in the confirmation letter of the address of the parties.

3. The defendant shall make a reply within the statutory time limit for reply. The defense shall specify the address and contact information of the defendant. After receiving the defense, a copy of the defense shall be sent to the plaintiff.

Article 4? Jurisdiction objection.

1, level jurisdiction. If the defendant raises an objection to the hierarchical jurisdiction within the statutory defense period, it shall make a ruling on whether the objection is established.

After the expiration of the time limit for filing the defense, the plaintiff increases the amount of the claim, resulting in the amount of the subject matter of the case exceeding the jurisdiction standard of the appeal court. If the defendant objects to the jurisdiction of the higher court, a ruling on whether the objection is established shall still be made.

2. Regional jurisdiction. If the defendant raises an objection to jurisdiction within the statutory defense period, it shall be reviewed. If the objection is established, the court shall make a ruling to transfer the case to a court with jurisdiction; If the objection is not established, the ruling shall be rejected.

If the defendant raises an objection to jurisdiction after the expiration of the time limit for submitting the defense, it shall not be considered, but the objector shall be informed.

3. Respond to the lawsuit. If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the appealed court has jurisdiction, unless it violates the provisions on hierarchical jurisdiction and exclusive jurisdiction.

Article 5? Safe.

1, pre-litigation preservation. The applicant may apply to the court for protective measures before bringing a lawsuit. The applicant shall provide a guarantee. If no guarantee is provided, the application will be rejected. A ruling must be made within 48 hours; Those ordered to take protective measures shall be executed immediately.

If the applicant fails to file a lawsuit in accordance with the law within 30 days after the court takes the preservation measures, the preservation shall be lifted.

2. Litigation preservation. For a case in which the judgment may be difficult to execute or other damages may be caused to the parties due to one party's behavior or other reasons, the court may, upon the application of the other party, order it to preserve its property, order it to perform certain acts or prohibit it from performing certain acts; If the parties fail to file an application, the court may also order the adoption of preservation measures when necessary.

When the court takes preservation measures, it may order the applicant to provide a guarantee, and the amount of the guarantee shall be equivalent to the amount requested by the applicant for preservation. If the applicant is unable to provide a guarantee, the application shall be rejected.

Article 6? Evidence exchange.

1, the parties have the responsibility to provide evidence for their claims, and shall provide it within the time limit for proof. If a party provides evidence within the time limit, the court shall order it to explain the reasons; Those who refuse to explain the reasons or the reasons are untenable may not accept the evidence according to different circumstances, or may accept the evidence but be reprimanded and fined.

2 cases with more evidence and cases in which the parties apply for evidence exchange shall organize evidence exchange from the date of expiration of the time limit for adducing evidence to before the court session. Evidence exchange procedures shall be handled in accordance with the Civil Procedure Law of People's Republic of China (PRC) and other relevant provisions.

Article 7? Commissioned evaluation.

1. The parties may apply to the court for an appraisal on the specificity of finding out the facts. If the parties apply for appraisal, the qualified appraisers shall be determined by both parties through consultation; If negotiation fails, it shall be designated by the court.

2, the parties did not apply for identification, the court believes that specialized issues need to be identified, it shall entrust a qualified appraiser for identification.

Article 8? Mediation before court.

The court shall, according to the principle of voluntariness and legality of the parties, conduct pre-trial mediation on the basis of clear facts of the case. If the parties reach a mediation agreement, it shall be confirmed by the court.

Article 9? Set a court time.

1, the court hearing civil and commercial cases of first instance generally opens its court session within 15 days after the expiration of the time limit for presenting evidence, and no later than 90 days after filing the case; If there are other circumstances that need to postpone the hearing, it shall be handled in accordance with relevant regulations.

2. To determine the time of the court session, the parties concerned shall be informed three days before the court session by written summons, list of members and clerks of the collegial panel, announcement of the time and place of the court session, and notification of the entrusted agent and participants in the proceedings.

Third, the trial stage.

Article 10? Avoid.

1. In any of the following circumstances, the parties have the right to apply orally or in writing for the withdrawal of judges, clerks, translators, experts and inspectors:

(1) is a party to this case or a close relative of a party or agent ad litem;

(2) Having an interest in the case;

(3) Having other relations with the parties or agents ad litem in this case, which may affect the fair trial of the case.

A judge who commits one of the acts listed in the preceding paragraph shall withdraw.

2. If a party applies for withdrawal, it shall explain the reasons and put it forward at the court session; If the reasons for withdrawal are known after the trial of the case begins, they may also be put forward before the end of the court debate.

3. The withdrawal of the president as the presiding judge shall be decided by the judicial committee; The withdrawal of the judge is decided by the president; The withdrawal of other personnel shall be decided by the presiding judge.

4. The court shall make an oral or written decision on the application for withdrawal made by the parties within three days. The applicant may apply for reconsideration once. During the period of reconsideration, the person who applies for withdrawal will not stop participating in the work of this case. For the application for reconsideration, a reconsideration decision shall be made within three days, and the applicant for reconsideration shall be notified.

Article 11? Test run code.

In accordance with the Tangshan Intermediate People's Court "trial norms" and "civil (commercial) case trial operation procedures".

Fourth, the evaluation and reporting stage.

Article 11? Check the report.

According to the Supreme People's Court's "Several Provisions on the Work of the Collegiate Bench of the People's Court" (Fa Shi [2002] No.25), the case was reviewed and reported, and judgment documents were made in time.

Verb (abbreviation for verb) stage of trial and service.

Article 12? Sentence in court.

If a verdict is pronounced in court, the verdict shall be served within ten days after the verdict is pronounced. If a party refuses to sign the written judgment or ruling, it shall be deemed to have been delivered and recorded in the written judgment.

Article 13 Sentences shall be pronounced regularly.

If a sentence is pronounced regularly, the parties and participants in the proceedings shall be notified three days before the sentence is pronounced; Sentence immediately after sentencing.

Article 14 direct sentencing.

If the judgment cannot be pronounced in court and regularly, it can be pronounced when the judgment is directly served on the parties; If it cannot be served directly, it shall be served by lien, mail, entrustment, forwarding and announcement.

Sixth, the complaint handling stage.

Article 15 Appeal.

1. If a party refuses to accept the judgment of first instance, the court of first instance shall serve a copy of the appeal to the other party within five days after receiving the appeal; The other party shall file a reply within 15 days from the date of receiving the copy of the appeal. The court shall serve a copy on the appellant within five days from the date of receiving the reply to the appeal.

2. The court of first instance shall timely sort out the files and submit all the files (with electronic files) to the court of second instance within 15 days after receiving the appeal; If a party fails to submit a defense, it shall submit it to the court of second instance within 15 days after the expiration of the defense.

Seven. Closing and filing stage

Article 16 is closed.

In accordance with the provisions of the Supreme People's Court on the strict implementation of the trial period system and the relevant provisions of the Tangshan Intermediate People's Court.

Article 17? Filing.

The files (with electronic files) should be filed within 60 days after the case is closed. If a party appeals, it shall file an appeal within 30 days after the withdrawal of the second instance.

Eight, the trial limit management

Article 18? Time limit for trial.

1. A case tried by the court in the ordinary procedure of first instance shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the higher court for approval.

2. During the evaluation period, the period of hearing the jurisdictional objections raised by the parties, the period of handling jurisdictional disputes between courts, the period of auditing, evaluation and asset liquidation, and the period from suspension of litigation to resumption of litigation are not included in the trial period; If both parties apply for out-of-court settlement or agree to mediation, the out-of-court settlement or mediation stage shall not be included in the trial period.

Extended data

Obstruct civil litigation

Obstruction of civil litigation refers to the illegal acts that participants and others deliberately interfere with and disrupt the litigation order and hinder the normal conduct of litigation activities in the course of civil litigation. Acts that constitute obstruction of civil proceedings must meet the following conditions:

1, there must be acts (including actions and omissions) that hinder the occurrence of civil litigation, which objectively hinders the proceedings. Whether it is in the form of action or omission, it is an act that hinders civil litigation.

2, must be executed in the course of litigation. Acts committed before or after the start of civil proceedings will not hinder the proceedings, so they are not acts that hinder civil proceedings, and other corresponding measures should be taken according to law. But there are two points that need special attention:

(1) When there are obstacles to pre-litigation property preservation, compulsory measures should be taken to eliminate them, because pre-litigation property preservation is closely related to the realization of subsequent litigation procedures and judgments.

(2) After the execution by the people's court is completed, the person subjected to execution or other persons are harmful to the person subjected to execution.

trait

First, the compulsory measures that hinder civil litigation are the compulsory measures stipulated in the Civil Procedure Law, and their purpose is to eliminate the obstruction and ensure the smooth progress of civil litigation.

Second, coercive measures that hinder civil litigation are applicable to the whole process of civil litigation, including both the trial stage and the execution stage.

Third, the compulsory measures that hinder civil litigation are applicable to a wide range of objects, including both parties to the case, agents ad litem and other participants in litigation, as well as people other than those who hinder civil litigation, such as observers. As long as he interferes with the order of litigation and hinders the normal progress of litigation, the law should take corresponding compulsory measures against him.

Fourth, in the application of coercive measures that hinder civil litigation, one coercive measure can be applied alone or several coercive measures can be applied in combination according to the degree of obstruction of civil litigation by the actor.

References:

Tangshan Guzhi Court Network-Civil Case (Ordinary Procedure) Trial Process and Time Limit