Legal analysis
Relevant materials needed for retrial: 1, retrial application. 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.
legal ground
Article 419th of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC). After receiving the retrial proposal, the people's court shall form a collegial panel for examination within three months. If it is found that the original judgment, ruling or conciliation statement is indeed wrong and a retrial is necessary, it shall be ruled for retrial in accordance with the provisions of Article 198 of the Civil Procedure Law, and the parties concerned shall be notified. If it is decided not to retry after examination, it shall give a written reply to the people's procuratorate.