Can the defendant check the identity information of the plaintiff? In life, everyone should be very concerned about the law. Law has many functions and knowledge. Construction claim is a knowledge point mentioned by law, and everyone will understand the legal knowledge. Can the defendant check the identity information of the plaintiff?
Can the defendant check the identity information of the plaintiff? 1 The original defendant has the right to know his identity, name, age, work unit, etc. The parties and agents are in court. In civil proceedings, the two parties shall add one to the number of the other party and the number of copies of the evidence materials submitted. Both parties can receive the evidence materials submitted by the opposing party to the court. Therefore, the defendant can check the evidence submitted by the plaintiff and contact the responsible judge.
Legal analysis
According to the relevant laws and regulations, in civil litigation, both parties can receive the evidence materials submitted by the other party according to the number of the other party plus the number of copies of the evidence materials submitted. During the cross-examination in court, if there is doubt about the authenticity of the other party's evidence materials, you may request to check the original or apply for identification. The files received by the judge should be filed.
After the case is closed, you can check the files in the archives room. Both parties and agents ad litem may request to consult and copy. At the hearing, the presiding judge shall check the parties, announce the cause of action, announce the list of judges and clerks, inform the parties of their litigation rights and obligations, and ask the parties whether to apply for withdrawal. Before the court session, the clerk shall find out whether the parties and other participants in the proceedings appear in court and announce the court discipline.
The defendant is a person who infringes the plaintiff's interests in a civil case and needs to be investigated for civil liability, and is notified by the court to respond. At the hearing, the original defendant has the right to know the identity, name, age and work unit of the parties and their agents.
legal ground
Article 43 of the Criminal Procedure Law of People's Republic of China (PRC) * * * Defence lawyers may, with the consent of witnesses or other relevant units and individuals, collect materials related to the case from them, apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court. With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.
Can the defendant check the identity information of the plaintiff? Can the defendant's lawyer obtain the plaintiff's personal information?
This is information related to the case that can be investigated.
Lawyer's right to investigate and collect evidence refers to the lawyer's right to investigate, understand the relevant situation, collect and obtain relevant evidence in the process of carrying out lawyer's business activities. Provisions are as follows:
Article 35 of the Lawyers Law stipulates: "An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court. If a lawyer investigates and collects evidence on his own, he can investigate the situation related to undertaking legal affairs with the lawyer's practice certificate and the certificate of the law firm. "
According to the above answers, it can be concluded that in this case, if the case requires, the defendant's lawyer can obtain the personal information of the plaintiff, and this personal information must be within the scope of the case, and other information cannot be obtained.
Does the defendant's lawyer have the right to investigate the plaintiff's personal data?
Article 35 of the new Lawyers Law stipulates: "An entrusted lawyer may, according to the needs of the case, apply to the people's procuratorate or the people's court for collecting and obtaining evidence or to the people's court for notifying witnesses to testify in court; If a lawyer investigates and collects evidence on his own, he can investigate the situation related to undertaking legal affairs with the lawyer's practice certificate and the certificate of the law firm. "
It can be seen that lawyers have the right to investigate and collect evidence on their own, and only need "two certificates". When meeting a criminal suspect or defendant, you must have "three certificates" (lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter).
However, although there are clear provisions in the law, it is generally difficult for lawyers to obtain evidence on their own, and defendants are often unwilling to cooperate. If criminal cases are involved, lawyers may have to bear their own personal risks.
Can the defendant check the identity information of the plaintiff? 3 1. When the court filed the case, the plaintiff was required to provide the identity information of the defendant, but it was mainly the address and other information used to distinguish it from others, and it was not necessary to provide the defendant's ID number or a copy of the ID card.
It is the plaintiff's obligation to provide the defendant's address information. The court can only find and determine the defendant according to the defendant's contact information provided by the plaintiff. If the plaintiff cannot provide the detailed address and contact information of the defendant, the court will think that there is no clear defendant and will not file a case. Even if it is accepted, the legal documents cannot be served on the defendant, and the case cannot be tried normally.
Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC) * * * The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the defendant's name, gender, work unit and domicile, and information such as the name and domicile of a legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
According to the Civil Procedure Law of People's Republic of China (PRC):
Article 21 A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. Article 22 The following civil actions shall be under the jurisdiction of the people's court of the plaintiff's domicile: if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of his habitual residence:
(a) the identity litigation filed against people who do not live in the territory of People's Republic of China (PRC);
(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing;
(3) A lawsuit against the person who has taken compulsory education measures;
(4) Proceedings against prisoners.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses. Therefore, to sue for divorce, you need to submit a complaint in duplicate, the plaintiff's ID card and a copy, the marriage certificate and a copy, and file a lawsuit at the defendant's domicile. If the defendant's domicile is inconsistent with his habitual residence, he shall bring a lawsuit to the people's court of his habitual residence. If the defendant's whereabouts are unknown or compulsory measures are taken, he shall bring a lawsuit to the people's court of the plaintiff's domicile or habitual residence.