Application for Witness Testimony 1
1. Format of the application for labor arbitration:
1. Basic information of the applicant and the respondent shall be stated, such as: name (in addition to the name of the enterprise, the legal representative shall also be written), gender, date of birth, nationality, ID number, work unit, address of the unit and home address.
2. state the application items. That is what you want to advocate. For example, pay arrears of wages, pay economic compensation, double wages without signing labor contracts, etc.
3. state the facts and reasons, and describe the time, place, reasons, events, ways, means and consequences of the labor dispute between the two parties, especially the key facts that caused the labor dispute between the two parties. And when to join, what to do, and agreed salary. It should be comprehensive and concise.
4. Then write the conclusion and the submission object. "I hereby apply to your Committee for a ruling according to law" and "Hereby to the Labor Dispute Arbitration Commission of XX county (city)".
5. The last signature is the name and date of the applicant, and the handwritten signature is stamped with the handprint.
2. Model application for labor arbitration:
Application for labor arbitration
Applicant: ××, female, Han nationality, date of birth, residence?
Respondent: ××× Company
Address: ××
Legal representative: ××, Tel: ×××
Application matters:
1. Request that the respondent pay the social endowment insurance premium and late payment fee of RMB 18,111 yuan for the applicant according to law.
2. Request that the respondent pay the late payment fee of medical insurance premium of RMB 21,111 yuan for the applicant according to law
3. Request that the respondent pay the applicant twice the salary of RMB 26,111 yuan (21xx) according to law.
Facts and reasons:
The applicant has been working for the respondent since March 8th, 21xx, and now she is the sales manager of the company, and the two parties have formed a de facto labor relationship. Since the applicant worked for the respondent, the respondent has never paid any insurance to the applicant, and has not signed a written labor contract with the applicant.
The applicant believes that according to the Labor Contract Law and relevant laws, the employer should sign labor contracts with the workers and pay all kinds of insurance for the workers, but the respondent has never paid all kinds of insurance to the applicant, which has violated the law. In order to safeguard the applicant's legitimate interests, the applicant has repeatedly asked him to pay insurance, but the respondent refused to pay it. As a result, the applicant's insurance expenses have incurred a high late payment fee. At the same time, according to the provisions of the Labor Contract Law, if a labor contract is not signed, the employer should pay double wages to the employee. In order to safeguard the legitimate interests of the applicant, we are now applying for labor dispute arbitration, requesting that the respondent pay the insurance and late payment fee for the applicant and pay double wages to the applicant according to law.
to
×××× Labor Dispute Arbitration Commission
Applicant:
Application for Witness Testimony 2
Applicant: Jiangsu xxxxx Co., Ltd., address: No.8, xxxX Industrial Park, XXX County, Jiangsu Province.
legal representative: xxx, chairman of the board.
application: the applicant witness Gao xx will testify in court.
object of proof: to prove that the gear delivered by Shanghai xxxxx Gear Co., Ltd. to the applicant does not meet the quality standards agreed in the contract.
Facts and reasons:
In the case of the dispute over the sales contract between the applicant and the defendant Shanghai xxxxx Gear Co., Ltd., the applicant and the defendant signed an Industrial Products Sales Contract on October 3, 21xx, stipulating that the gears sold by the defendant should be manufactured according to the quality standards stipulated in the drawings designed by Shanghai CSSC xx Design and Research Institute. According to the requirements of the drawings, the hardness of the gear should be quenched and tempered and reach the quality standard of 221 ~ 251. However, less than three months after the actual use of the gear, the user found that the gear was seriously worn, so he went to the scene to test the hardness of the gear together with Zhang xx, a technician of the defendant unit, and Gao xx, an engineer of Shanghai CSSC X Design and Research Institute. It was found that the average hardness of the gear delivered by the defendant to the plaintiff was only 1.65, far below the agreed hardness standard of 221 ~ 251. The above-mentioned on-site test was signed and approved by all the people present. Gao xx, as the draftsman and on-site tester of the drawings, was well aware of the fact that the gear delivered by the defendant was seriously worn because it did not meet the agreed hardness standards. In order to find out the facts of the case, the applicant applied to your hospital for witness Gao xx to testify in court according to the relevant provisions of the law, proving that the defendant failed to deliver the gear that did not meet the agreed quality standards to the applicant.
Basic information of the witness:
To the People's Court of xx District, Shanghai
Applicant:
Specially authorized agent:
Application for Witness Testimony 3
Applicant, (sex), (date of birth or age), (nationality), (occupation or work unit and position), (address. Tel:
(Note: if the applicant is a citizen, please state his identity in the above order and format)
Applicant? , domicile.
legal representative (or representative), (post). Tel:
(Note: if the applicant is a legal person or other organization, please state the identity in the above order and format)
The dispute between the plaintiff and the defendant (please state the name of the defendant and the cause of the case here) has been filed and accepted by your hospital. In order to find out the facts of the case, according to the provisions of paragraph 1 of Article 54 of the Supreme People's Court's Provisions on Evidence in Civil Litigation (or paragraph 1 of Article 43 of the Supreme People's Court's Provisions on Evidence in Administrative Litigation), the applicant hereby applies to your hospital for the following witnesses to testify in court. Please allow them.
1. Witness, (gender), (date of birth or age), (nationality), (occupation or work unit and position), (address). Tel:
Prove the facts:?
This letter is addressed to
Yuhuan County People's Court
Applicant: (signature, fingerprint or seal)
year? Month? Date
Application for Witness Testimony 4
Applicant:
Reasons for application: Inform the witness to testify in court.
Reason for application:
Department &; L dispute with refund &; The important witness in the case of R has returned to Yunfu during the first-instance proceedings, but he is not in Guangzhou, so he can't be contacted, which leads to the appellant's objective inability to apply to testify in court. Now he has returned to Guangzhou, so he is specially applied to testify in the second instance.
It can be proved that there is an oral transfer agreement between the Appellant and the Appellant, the contents of which are:&; l? The machinery and facilities of the washing plant are priced at 261,111 yuan, which will be paid by 31,111 yuan, and enjoy 51% of the shares of the plant. All the equipment of the washing plant will be owned by both parties, and the profit and loss will be shared equally in the future. After the agreement, RMB million was paid to, which belongs to the transfer, not the contribution &; r。
as the appellant's agent. We believe that, after consulting the evidence, he is the key witness in this case. In order to find out the facts of the case, he needs to testify in court. We hereby apply and ask your hospital to inform us (note: if your hospital allows us to inform you)
To the
Municipal Intermediate People's Court
Applicant: lawyer:
? Year? Month? Day
Attachment: Witness:, male, Han nationality, ID card address:, current residence, telephone number:
Application for Witness Testimony 5
Witness testimony is one of the most commonly used evidences in civil litigation, and it is also an important basis for finding out the facts of the case and handling the case correctly. In the judicial practice of civil litigation, the author found that the parties always verbally applied for witnesses to testify in court after the court session, and explained that < P > the witnesses had been waiting outside. Under normal circumstances, the judge will give permission in order to find out the facts, but in fact this practice does not comply with the relevant provisions of the law.
first of all, for civil cases tried by ordinary procedures, the parties should apply for witnesses to testify in court ten days before the expiration of the proof period. Article 54 of the Supreme Court's Provisions on Evidence in Civil Proceedings stipulates: "A party applying for a witness to testify in court shall submit it ten days before the expiration of the time limit for adducing evidence and obtain the permission of the people's court. If the people's court approves the application of a party, it shall notify the witness to testify in court before the trial, and inform him how to testify and the legal consequences of perjury. " It can be seen that the application for witnesses to testify in court should not only be put forward by the parties ten days before the expiration of the time limit for giving evidence, but also be notified by the people's court to testify in court, so that witnesses can testify in court in a standardized way.
Secondly, for civil cases tried by summary procedure, the parties should also apply for witnesses to testify in court before the expiration of the time limit for adducing evidence. Article 22 of the Supreme Court's Provisions on Summary Procedure stipulates: "In a civil case that is tried by summary procedure, the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence and apply for witnesses to testify in court, but the time limit for filing an application shall not be limited by Article 19, paragraph 1, and Article 54, paragraph 1 of the Supreme Court's Provisions on Evidence in Civil Proceedings." The time limit for adducing evidence in the Provisions of the Supreme Court on Evidence in Civil Proceedings is only applicable to ordinary procedures, and the time limit for adducing evidence in summary procedures is not limited by the 31-day limit in the provisions.
the time limit for giving evidence in summary procedure should be determined according to the requirements of the parties and the difficulty of the case. Generally, the time limit for giving evidence in a case is determined according to the following different situations.
in the first case, the defendant clearly indicated that he needed a defense period of 15 days when responding to the lawsuit. Then, according to Article 113 of the Civil Procedure Law of the People's Republic of China, the defense period is 15 days, so the time limit for adducing evidence is not less than 15 days. Both parties may determine the time limit for adducing evidence through consultation, which shall be approved by the court. The court shall make a record of the time limit for adducing evidence through consultation, but the time limit for adducing evidence through consultation should not be too long. The presiding judge should consider the time limit of handling cases of three months, preferably within 31 days. If both parties fail to reach an agreement on the time limit for adducing evidence, then the court will specify the time limit for adducing evidence, which is generally within 1.5 to 31 days.
in the second case, if the defendant clearly indicated that the defense period of 15 days is not needed when responding to the lawsuit, the time limit for adducing evidence can be determined by both parties through consultation, and the time limit determined through consultation must be within 15 days; If negotiation fails, or no agreement can be reached, the court may specify the time limit for proof. When the court specifies the time limit for adducing evidence, the defendant's opinions should be sought to determine the time limit for adducing evidence, which is generally limited to 1.5 days.
xxX
xx, XX, XX, XX, XX, XX
Application for Witness Testimony 6
Applicant: xxx lawyer
Unit: xxx lawyer affairs?
Address: Floor xxx, Block xxx, Office Building xxx
Tel:
The applicant accepts the entrustment of the defendant xxx and the assignment of the xxx law firm according to law, and acts as the defender of the defendant xxx in the case of the crime of the defendant xxx. Apply to your hospital to inform Gao xx, the only key witness in this case, to testify in court according to law. (Name: xxxx, gender: xxx, ID number: xxx, current address: Room X, Building xxx. Tel: xxx)
Facts and reasons:
After accepting the entrustment of the parties concerned, the applicant investigated the case according to law, met with the defendant xxx, and read the relevant materials of the case carefully. The applicant found that there was only xxx verbal evidence in the testimony and identification record of the case file. The applicant believed that his testimony and identification record were the only key evidence of conviction and sentencing in this case, and they were an isolated evidence of this case, which could not be corroborated with other evidence to prove the defendant guilty.
according to the first paragraph of article 37 of the criminal procedure law of the people's Republic of China, "a defense lawyer ... may 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." Paragraph 1 of Article 48 stipulates: "Anyone who knows the circumstances of a case has the obligation to testify." Article 13 of "the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice, Legislative Affairs Committee of the Standing Committee of the National People's Congress" stipulates: "Defense lawyers may also apply to the people's procuratorate and the people's court to collect and obtain evidence and apply to the people's court to notify witnesses to testify in court in accordance with Article 37 of the Criminal Procedure Law." The first paragraph of Article 337 of the Rules of Criminal Procedure of the People's Procuratorate stipulates: "A witness shall be notified by the people's court and shall be responsible for arranging to testify in court." Accordingly, we apply to your hospital for the above-mentioned witnesses to testify in court according to law, so as to find out the facts of the case and protect the defendant from wrong criminal prosecution and judgment. To
xx people's court
xx lawyer affairs?
Lawyer: xxx
xx, xx, XX, XX, XX, XX, XX, XX.