How to write the indictment

How to write the indictment is helpful for you to write legal documents correctly. If you are a party to a civil lawsuit, some legal documents must be provided to the court by you. For example: prosecution, defense, appeal, etc. Here, I would like to introduce you to the writing format and requirements of common litigation documents, which will help you to write legal and standardized litigation documents. First of all, I would like to remind you that legal documents should be as concise as possible, and all printed legal documents should use A4 paper. Please write the written legal documents in pen, and the handwriting should be neat. The location and address of the complaint; A legal person or other organization, when its civil rights are infringed or a dispute arises with others, brings a lawsuit to the people's court according to facts and laws in order to safeguard its own civil rights and interests, and requests a written request for a ruling according to law. Plaintiff of documentary civil complaint; Defendant; Litigation request; Facts and reasons; Evidence and its source, witness's name and address: to the people's court of ×××. Attachment: copy of this indictment: please fill in the description of the parties (1) (i.e. the original part and the defendant part) and indicate the natural situation. The name, sex, age, nationality and work unit of the natural person shall be listed, and the organization shall list the name and domicile of the complainant, the name and position of the legal representative or the person in charge of civil affairs. Fill in the form accurately, especially in the name column. The address should be as detailed as possible, accurate to the house number. It is best to indicate the zip code and communication method. (The following documents have the same requirements in the column of parties) (2) In the part of litigation request, the specific matters related to civil rights disputes that the people's court is requested to solve according to law shall be stated. (3) In the part of facts and reasons, it is necessary to fully reflect the objective and true situation of the disputed facts, including the occurrence and process of the disputed facts and your opinions, reasons and basis for resolving the dispute. (4) The evidence part includes three contents: listing relevant documentary evidence, physical evidence and other relevant materials that can prove the truth; Instruction certificate; Sources and reliable procedures of material evidence and other related materials; The contents of the testimony of the witness and the name and address of the witness. (5) At the end of the complaint, if the party is a natural person, it must be signed by himself; If it is a legal person or other organization, it shall be signed by the legal representative or person in charge and stamped with the official seal of the unit. Fill in the date accurately. (The following documents have the same requirements) 2. Power of Attorney (1) A citizen's power of attorney refers to a document that the parties, as natural persons, entrust others as agents ad litem according to law and submit to the people's court stating the entrusted matters and the entrusted authority. Document Style Power of Attorney Name of Client Name of Client: Gender: Age: Work Unit: Address: I hereby entrust myself as my entrusted agent. The authorized agency is as follows: Client: MM DD YY {fill in the description} The authorization of the authorized agency is the most important part of the power of attorney. The general power of attorney only grants the agent the right to conduct litigation on his behalf, but has no right to dispose of substantive rights. Just write "general entrustment" on the power of attorney. If we want to give the agent certain rights to dispose of substantive rights, such as giving up, acknowledging, changing litigation claims, settling, filing counterclaims, appealing, collecting legal documents, etc. This is a special power of attorney. Special authorization shall clearly state the substantive rights granted in the power of attorney, otherwise it shall be regarded as general authorization. The power of attorney shall be signed or sealed by the client himself. (1) Power of Attorney of a legal person or other organization The power of attorney of a legal person or other organization is a document that a legal person or other organization entrusts others as agents ad litem according to law and submits to the people's court stating the entrusted matters and the entrusted authority. Letter power of attorney Entrusting unit name: domicile: legal representative or client name: position: client name: gender: age: work unit: address: telephone: We hereby entrust our unit as our agent ad litem. The authorization authority is as follows: Entrusting unit: (official seal) year month day 3. Legal representative's identity certificate The legal representative's identity certificate is a document that a legal person proves its legal representative's identity to the people's court. Documentary legal representative's identity certificate (legal representative's name) as (director, manager, etc. ) is the legal representative of my (company name). This is to certify that. Date (official seal) Attachment: Legal Representative Address: Tel: (The identity certificate of the person in charge of other institutions is the same as above. 4. Civil Pleadings Civil pleadings are documents that citizens, legal persons or other organizations, as defendants (or appellees) in civil proceedings, reply and refute the facts, reasons and claims put forward by the plaintiff (or appellant) within the statutory time limit after receiving the copy of the complaint (or copy of the appeal). Defendant: In a case, the defense is as follows: This is sent to the People's Court of ××: a copy of this defense. Respondent: Fill in the description of the year, month and day (1), which is the main part of the defense, and usually includes the following contents: defending the facts of the case; Respond to applicable laws. (2) Put forward a defense request, that is, whether all or part of the request in the plaintiff's complaint or the appellant's appeal is inadmissible, and put forward your own opinions on the handling of this case according to law, and ask the court to consider it when making a judgment. 5. Counterclaim Counterclaim is a document that the defendant brings a new lawsuit related to this lawsuit to the same people's court as the plaintiff in this lawsuit for the purpose of offsetting or annexing the other party's lawsuit in a civil case. Document style counterclaim counterclaim (defendant) counterclaim (plaintiff) counterclaim request: facts and reasons: evidence and evidence source, witness's name and address: to the people's court of xx Attached: copy of this counterclaim: year, month, year, day {fill in the description }( 1) counterclaim request. Indicate the specific amount and method of requesting offset or merger of the subject matter of this lawsuit. (2) Facts and reasons are the core of counterclaim. In this part, the correctness of counterclaim and the legality of offsetting and adding the other party's claim should be fully expounded from the perspective of facts and law. (3) Evidence (same as indictment) 6. The application for property preservation and the application for property preservation are documents that citizens, legal persons or other organizations request the people's court to take some compulsory measures against the object of litigation or the property of the parties in the process of civil trial in order to safeguard their legitimate rights and interests and ensure the execution of future judgments. (style of document) Applicant for property preservation: Respondent: The above-mentioned applicant and respondent bring a lawsuit to your institute (or the applicant may damage (or conceal) the subject matter of litigation dispute. The facts, reasons and specific purposes of this case are as follows: to the applicant of the people's court of ××: attachment: 1. Documents and certificates; 2. Physical certificate 3. Address of witness: {insert description }( 1) Facts and reasons. First, state the reasons for the dispute between the applicant and the respondent. Then specify the name and quantity of the subject matter to be saved. Then state the reason for requesting security. Focus on the fact that property measures must be implemented, that is, the respondent has damaged the object of litigation and is executing the punishment. (2) the purpose of the request. That is, what kind of security measures are required. It shall specify the circumstances that require the people's court to seal up, detain or freeze. , or take other appropriate measures. At the same time, indicate what kind of guarantee you provide. 7. Application for evidence preservation The application for evidence preservation is the document used by the parties to apply to the people's court for evidence preservation. Application for certificate preservation applicant: the applicant's case and reasons have been. Now the evidence in this case is about to be lost (or difficult to obtain in the future), so an application for evidence preservation is filed. The facts, reasons and specific purposes of the case are as follows: This letter is addressed to the Appellant of the People's Court of XXX: Applicant: Year, Month, Date {Fill in the Description }( 1) indicating that the case has been accepted. (2) Facts and reasons. State the reasons why the evidence needs to be preserved urgently, such as some evidence may be damaged, deformed or no longer exists, or the witness is old, seriously ill, critically ill or studying abroad or settling down. Attachment: The purpose of the copy (3) of this appeal is to clarify how to preserve it and what preservation measures to take. You can ask for photos, videos, drawings, making models, recording witness testimony and so on. 8. Appeal An appeal is a document that a party to a civil case refuses to accept a civil judgment or ruling of first instance made by a local people's court at all levels and appeals to a people's court at the next higher level according to legal procedures and time limits. Appellee of civil appeal: The appellant refuses to accept the judgment (ruling) of a case by the people's court and now appeals. Appeal request: reasons for appeal: filed with the people's court of ××. Attachment: Appellant: Fill in the explanation on the appeal request (1). First, describe the whole case truthfully, and then state the results of the original trial. Secondly, indicate whether you are dissatisfied with the original judgment in whole or in part. Finally, it is clear whether the specific litigation request is to revoke the original judgment, completely change the original judgment or partially change the original judgment. (2) the reasons for the appeal. Mainly for the original referee, not for the other side. The main reasons for refusing to accept the judgment and ruling of the original trial are as follows: ① the facts are unclear and the main evidence is insufficient; ② The nature of the original trial was improper; ③ Improper application of the law; (4) violation of legal procedures. 9. Civil Withdrawal A civil withdrawal is an instrument by which a citizen, legal person or other organization withdraws a lawsuit (or appeal) from the people's court. Applicant for withdrawing a lawsuit in a documentary civil action: The applicant filed a lawsuit (or appeal) with your hospital on, and your hospital accepted it. Now I apply for withdrawal (or appeal), please approve it. Please return the * * * copies of evidence originally attached to the complaint (or appeal). Applicant of the people's court: Please write down the reasons for withdrawing the lawsuit in the blank space after the "current cause of action". Usually based on the following reasons: (1) The other party has satisfied his own claim; (two) the two sides reached a settlement agreement; (3) If the plaintiff (or appellant) finds that his prosecution (or appeal) is improper, he shall state the reasons. 10. Apply for execution. Application for execution is a document that citizens, legal persons or other organizations apply to the people's court with jurisdiction and order the other party to perform its obligations on the basis of the legal documents that have entered into force when the other party refuses to perform the obligations specified in the judgment. [Document Style] Name (full name) of the applicant applying for execution; The postal code telephone number (full name) of the respondent, and the name of the legal representative or agent; Postal code address; Account number; The basis for applying for execution; Property available for execution; Applicant: (official seal) date.