When the parties file an appeal and the case enters the second trial stage, the parties need to re-sign the contract with the lawyer and pay the lawyer's fee.
The conditions of second instance are as follows:
1. The party appealing must be the appellant of this case;
2. The appellee who files an appeal must be a third person with independent claim in this case;
3. Before the verdict was pronounced in the first instance, the defendant failed to appeal according to law;
4. After the verdict was pronounced in the first instance and before the expiration of the appeal period, the plaintiff applied to withdraw the appeal;
5. After the ruling is made, it is allowed to withdraw the appeal and enter the appeal procedure;
6. The original judgment or ruling can only be upheld or revoked after appeal.
The procedure of second instance is:
1. Filing a case: If a party refuses to accept the judgment or ruling of first instance, it shall appeal to the court of first instance or the people's court at a higher level within the statutory time limit. The court of second instance examines the appeal materials and files transferred by the court of first instance, and if they meet the requirements, they shall be placed on file;
2, the people's court of second instance according to the circumstances of the case, respectively, to make a decision to hold a court session or not;
3. The procuratorate sent personnel to appear in court;
4. Listening;
5. sentences.
To sum up, the second instance is a procedure in which the appellant or the appellee appeals or protests to the people's court at the next higher level within the statutory time limit against the judgment or ruling of the people's court of first instance that has not yet taken legal effect.
Legal basis:
Article 237 of the Criminal Procedure Law of People's Republic of China (PRC)
The people's court of second instance shall not aggravate the defendant's punishment when trying the case appealed by the defendant or his legal representative, defender or near relative. The people's court of second instance shall not increase the punishment of the defendant unless there are new criminal facts, and the people's procuratorate shall make supplementary prosecution.
Where a people's procuratorate lodges a protest or a private prosecutor lodges an appeal, it shall not be restricted by the provisions of the preceding paragraph.