The civil procedure is generally:
First instance procedure:
1, the plaintiff sued
2. The court will serve a copy of the indictment on the defendant after accepting it.
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial.
4. The court shall notify the parties and announce the cases decided to be heard in court three days ago.
5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record.
6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party.
7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time.
8. Announcement of judgment
Second instance procedure:
1. If a party refuses to accept the judgment of the local people's court of first instance, it has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. The appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.
2. Court acceptance
3. The trial procedure is generally the same as the first instance, and the difference is mainly in the scope and content of the review.
Extended data:
People's Republic of China (PRC) Civil Procedure Law
Article 2 The tasks of the Civil Procedure Law of People's Republic of China (PRC) are to protect the litigants from exercising their litigation rights, to ensure that the people's courts find out the facts, distinguish right from wrong, correctly apply the law, to hear civil cases in time, to confirm the relationship between civil rights and obligations, to punish civil violations, to protect the legitimate rights and interests of the litigants, to educate citizens to consciously abide by the law, to maintain social and economic order, and to ensure the smooth progress of socialist construction.
Article 3 The provisions of this Law shall apply to the people's courts in accepting civil lawsuits brought by citizens, legal persons, other organizations and among them because of property relations and personal relations.
Article 4: All civil proceedings in People's Republic of China (PRC) must abide by this Law.