Sorting out the litigation process of civil cases (trial stage)

After attaching the book to the article and filing the case,

First of all, the schedule.

After the court files a case, the filing court will assign the case to a specific business court according to the type of case, and the business court will assign it to a specific law enforcement judge according to the order. The first person to get the case is the judge's clerk, who will determine the court session time according to the judge's schedule. Generally, this time is about one month after filing the case, depending on the business situation of each court and judge.

Second, delivery

Some judges will serve the defendant and the third party (if any) with the copy of the complaint, the notice of responding to the lawsuit and the notice of proof when they receive the case, but most judges usually serve the subpoena and the above materials to the parties after determining the court time. Most delivery methods are EMS. If you can contact the defendant, you will also let the defendant take the initiative to come to the court to collect it. In rare cases, the judge will send it directly to the door. If you can't contact anyone, you can't deliver it, you can only announce it. In addition to the announcement fee of several hundred, the announcement will be delayed for about 3 months. Therefore, if there is a contract dispute, the judicial address service clause can be concluded in the contract. In the lawsuit, the court can send the mail according to this clause, even if the mail is returned for various reasons, it is regarded as delivery.

Third, the court session

(1) personnel

According to the number of collegiate bench members, judges will be divided into tenure system and collegiate system. In the tenure system, a judge will sit on the bench and a clerk will sit on the bench. In the collegiate bench, there are three people sitting on the bench, with the presiding judge in the middle and ordinary people's jurors on both sides. If the case is complicated, the judge and the clerk are still one. People's jurors are generally elderly people who have a certain reputation and contribution in their own industry. There are few legal professionals, and they mostly comment on the facts, but generally it will not affect the development of the case. A judge is a judge. The presiding judge is the person in charge of this case, one level higher than the judge. If the collegial panel is composed of all judges, the presiding judge can only be the president or vice president. The clerk is responsible for typing in court and recording the words of all parties.

(2) Trial

Trial preparation stage

1, the clerk reads out the court discipline, and after reading it out, all of them stand up and invite the judges or members of the collegiate bench to enter the court; 2. After entering the court, the judge asks everyone to sit down, and then knocks a small hammer to announce the beginning of the trial; 3. The judge checks the identity information of both parties; 4. The court announced the composition of judges and clerks in this case, and informed the parties of their basic rights and obligations; 5, ask the parties whether to apply for the withdrawal of judges or clerks; 6. Ask if there is a witness, and the witness cannot attend; 7. Ask both parties whether they have received documents such as summons and notice of proof. After these fixed processes are completed, the case will formally enter the trial stage. Some courts may simplify or even skip the above process and start the formal trial directly.

Formal trial stage

1. When the plaintiff reads the complaint, he only needs to clarify the claim and then briefly state the facts and reasons. If the facts and reasons are consistent with the complaint, there is no need to read it again. The defendant responded to the plaintiff's statement. At this stage, defense is more of a comprehensive and important rebuttal. Unless it is particularly important, it is generally not appropriate to go into details here.

3. Both parties provide evidence for cross-examination. The order is that the plaintiff gives evidence first, the defendant and the third party (if any) cross-examine, the defendant gives evidence, the plaintiff and the third party (if any) cross-examine, the third party gives evidence, and the plaintiff and the defendant cross-examine. Evidence generally needs to be original, and copies that can be checked with the original are acceptable. The purpose of evidence revolves around one's own point of view. Cross-examination is generally aimed at whether the evidence is true, relevant and legal, and whether it can achieve the purpose of proof. The process of proof and cross-examination may be the most important stage of the whole trial and even the whole case. Generally speaking, many judges will have a general psychological judgment after completing the proof and cross-examination. Therefore, there is a saying that litigation is to fight for evidence. This sentence is not completely accurate, but it does reflect the importance of evidence. Although the law stipulates that civil trial is the dominant evidence rule, that is, both parties have the obligation to prove their positive views, and whoever has better evidence will be accepted, in the current judicial practice, judges pay more and more attention to the closed loop of evidence, that is, the content reflected by evidence can form a complete and reasonable factual process, although it cannot reach the level of reasonable doubt, it cannot violate the normal factual logic.

4. Fact-finding. According to the evidence, the judge asked the parties some key questions of the case.

5. debate. Around facts and laws. Especially in controversial cases, debate can play an important role. In addition, the judicial practice pays special attention to the case debate, and the judgment ideas and results of the same type of cases by our court or the higher court will greatly affect the judgment of cases.

6. Final statement. Concluding remarks.

The most important thing in the whole trial is the presentation of evidence and the statements of both parties. Complex cases can present the facts of the case more clearly through visual icons or other means. After the trial, you can also send supplementary opinions to the court in writing. According to the complicated procedure of a case, a case may be tried several times or only once.

(3) Judgment

15 days to appeal. After the appeal period, no one appealed and the judgment came into effect.

Generally, a case of less than 500,000 yuan in first instance is a summary procedure, which starts from the filing and ends in 3 months. Ordinary procedures are more complicated, the amount is larger, and no one can announce them. After the trial was completed six months later, it also started from the case. The announcement period is not included in the probation period. Under special circumstances, the trial period may be extended upon approval.