How to inquire whether the Supreme Court accepts retrial?

There are several ways to inquire whether the Supreme Court accepts the retrial:

1. Visit the public website of the Supreme People's Court for enquiry.

2. Report relevant questions to the judge through the trial process public website, and the judge will reply to you in time through the website.

3. Inquire about the case process information through 12368 voice. The review period of retrial is generally three months, but it does not include the time limit reduced or extended due to the transfer of files or mediation organized by lower courts. Complex cases need to be submitted to the judicial committee for discussion. If it is not found, it may be that your case is being adjusted, or because of the difficulty and complexity of the case, it is in the state of detaining the trial or extending the trial period.

I. Matters needing attention in retrial

1. If a party refuses to accept the legally effective civil judgment, ruling or conciliation statement of the first and second instance of the Higher People's Court, it may apply to the Supreme People's Court for retrial. A case in which one party has a large number of people or both parties are citizens may apply to the former Higher People's Court for retrial; To apply for retrial in the Supreme People's Court, retrial materials shall be submitted through the former Higher People's Court.

2. One party applying for retrial is the retrial applicant and the other party is the respondent.

3. The civil judgment, ruling and conciliation statement applying for retrial shall belong to the effective legal documents permitted by laws and judicial interpretations.

4. The application for retrial shall be based on the reasons listed in Article 200 of the Civil Procedure Law; An application for retrial of an effective conciliation statement shall be filed in accordance with the provisions of Article 201 of the Civil Procedure Law. The applicant for retrial shall apply for retrial within the time limit stipulated in Article 205th of the Civil Procedure Law.

5. The applicant for retrial shall submit an application for retrial in duplicate, and submit a copy of the application for retrial according to the number of the respondent and other parties in the original trial.

Retrial is to correct the wrong judgment or ruling that has taken legal effect, and to retry the case according to the procedure of trial supervision. Regarding how to inquire about the progress of retrial cases, the methods are different according to different situations, but generally you can ask the case-handling judge about the situation.

Legal basis:

code of civil law

Article 199

If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.

Article 200

In any of the following circumstances, the people's court shall retry the application:

(1) There is new evidence sufficient to overturn the original judgment or ruling;

(two) the basic facts identified in the original judgment or ruling lack evidence to prove;

(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;

(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;

(five) the main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;

(6) The application of the law in the original judgment or ruling is indeed wrong;

(seven) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;

(8) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.

(nine) in violation of the law, depriving the parties of the right to debate;

(ten) without a summons, the judgment is made by default;

(eleven) the original judgment or ruling omitted or exceeded the claim;

(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;

(thirteen) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.