1. What are the procedures for applying to the Supreme Court for retrial?
It is possible to successfully file a retrial online.
1. The telephone number of the Supreme Court for retrial is 12368. It's difficult to make a phone call. I suggest calling often.
2. Filing method: 1 can be filed by mail, 2 can be filed online, and 3 can be filed on site.
3. Filing by mail: As Hainan belongs to the acceptance area of the Supreme People's Court First Circuit Court, it can be filed by mail.
Online filing: the Supreme People's Court official website → Litigation Service Network registers and submits filing materials, and the final result is subject to the result after the judge's review. For the preparation and arrangement of filing materials, please refer to the materials and requirements to be submitted for civil retrial application in the Supreme People's Court.
The following are the relevant materials needed for retrial:
1, application for retrial (please note: you must specify in the application which one or more of the provisions of Article 200 of the Civil Procedure Law are met, and explain them in detail. Original number: Plaintiff and Defendant 1, and if there is a third party, it is the third party of Plaintiff and Defendant 1 (Please note: it is the original defendant, not the retrial applicant and respondent; It's an original, not a copy)
To apply for retrial, it is necessary to carefully prepare according to the Civil Procedure Law, the Interpretation of Civil Procedure Law, the Interpretation of Trial Supervision Procedure, the Detailed Rules of the Supreme People's Court on Accepting and Examining Cases of Civil Application for Retrial, and the Style of Civil Application for Retrial Procedure.
2. The original judgment document of the first instance shall be prepared for inspection, returned after inspection, and copied (with official seal).
3. The original judgment document of the second instance shall be prepared for inspection, returned after inspection, and copied (with official seal).
4, the applicant's identity certificate, the natural person is a copy of the ID card; The legal person is a unified social letter of credit (business license) (which must be stamped with the official seal), a copy of the identity certificate of the legal representative or the principal responsible person, including a copy of the identity card.
5. Power of attorney, one original.
6. The original identity certificate and lawyer's certificate of the agent for inspection. After the inspection, return a copy (including one page of annual inspection).
7. Letter from law firm, one original.
8. The copy of the acknowledgement of service of the effective judgment document shall be stamped with the official seal of the court, otherwise, it shall be marked and copied.
9 evidence materials, including the main evidence materials of the original trial and the evidence materials of the retrial, one for each.
Second, what materials are needed to appeal to the Supreme People's Court?
1, judgment document of first instance 2, judgment document of second instance 3, retrial application 4, please be sure to bring the original judgment document for the court to check.
The so-called judgment documents, including civil judgments and civil rulings, must be at or above the provincial court level.
Materials and requirements to be submitted for criminal retrial in the Supreme People's Court.
1 petition. The basic information, contact information, facts and reasons of the complaint of the parties shall be stated;
2, the original first instance, second instance judgment, ruling and other legal documents. After review or retrial, the people's court shall enrich the notice of rejection, retrial decision, retrial judgment and ruling;
3. Other relevant materials. If there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, there should be abundant relevant evidential materials; When applying for investigation and evidence collection, the people's court shall attach relevant clues or materials.
4. The identity certificate of the complainant.
3. What are the obligations of the complainant?
According to the relevant regulations, the obligations and requirements of the subject of criminal appeal are as follows:
1. Complaints must be made in accordance with established procedures. If it is not handled, it can reflect the situation to the department being handled, and the review procedure cannot be carried out; If the procuratorial organ refuses to accept the decision not to prosecute, it may lodge a complaint on the 7th. If the complaint exceeds this statutory time limit, it may not be possible to file a case for review. There is also a complaint in accordance with the provisions of departmental jurisdiction and level jurisdiction, and complaints should not be used as an excuse to go to judicial organs for unreasonable harassment or leapfrog complaints.
2. Complaints must be made in the form of decisions. The complainant shall issue a complaint and attach a copy or photocopy of the original judgment, ruling or decision; Entrusting others to appeal must have a power of attorney.
3. The judgments and rulings of the people's courts and the decisions of the people's procuratorates shall not be suspended due to appeals.
4. Normal social order and work order must be maintained. The complainant shall not abuse the right of appeal, make troubles without reason, interfere with official duties, and shall not falsely accuse or frame others on the grounds of unfair judgment, ruling, decision or perverting the law, otherwise he will bear legal responsibility.
Generally, appealing to the Supreme People's Court requires relevant documents of first trial, second trial and retrial, and relevant judgment documents need to be submitted. Complaining is a right and an obligation. The obligation to complain includes that complaints must be made in accordance with relevant procedures and methods, and relevant regulations must be observed.