Question 2: How to write an appeal for a complaint of second instance?
Appellant:
Appellee:
The appellant refused to accept the people's court's (20 14) No.1 civil judgment and appealed.
Appeal request:
Reasons for appeal:
XXX intermediate people's court.
Appellant:
Date, year and month
Question 3: how to write the appeal of the second instance? I received the judgment of the first instance and refused to accept the judgment.
When continuing to appeal to the intermediate people's court within the fifteenth period,
Refute the contents of the first-instance judgment one by one.
Question XXX How to fill in the Appellant (defendant in the first instance) in the second instance of the Intermediate People's Court:
Appellant A has entrusted our lawyers C and D as their litigation agents in the second instance case of A v. BXXXX dispute accepted by your hospital. See the power of attorney for details.
I am writing to inform you.
XXXX lawyer office
date month year
Question 5: How to write an appeal if a civil case refuses to accept the final judgment of the second instance? Is it the same as the appeal in the second instance? The second trial is final. If you are not satisfied, you can only apply for a retrial. . . But you need new evidence. .
Question 6: What is the format of the appeal in the second instance? Criminal appellant: (fill in the defendant's name, gender, date of birth, nationality, education level, occupation, address and place of detention) Appellee: (same as above) The people's court with the appellant's case number is now appealing because it refuses to accept it. Appeal request:? (stating that the appellant refuses to accept the original judgment and requests the people's court of second instance to cancel the original judgment in part or in whole, or to change the original judgment, or to request the people's court of second instance to retry, etc.). ). Reasons for appeal: (specifically from the following aspects) 1. In the aspect of ascertaining facts, this paper specifically puts forward what mistakes the original judge made in ascertaining facts, and expounds the factual basis and evidence for denying or changing the original judgment. 2. In the aspect of applicable law, this paper specifically puts forward the mistakes in the application of law in the original judgment, and demonstrates the facts and legal basis that the original judgment should be changed or revoked. 3. In the aspect of litigation procedure, it specifically puts forward those behaviors that violate the litigation procedure in the process of hearing cases and making judgments by the court of first instance, and points out the legal basis for correction. Attachment: a copy of this appeal. Appellant: year month day.
Question 7: How to write a civil appeal if the judgment of the first instance refuses to accept the appeal of the second instance?
Basic information of appellant XXX
The basic situation of the appellee XXX
Appeal request:
Facts and reasons of appeal: The appellant refuses to accept XXXX's civil judgment, stating the reasons and basis for your refusal to accept the judgment.
Final signature and date
Question 8: How to write the appeal in the second instance of Guangzhou court? In which court does the plaintiff submit a simple civil case, the plaintiff can file an oral lawsuit. Both parties may at the same time request the grassroots people's court or the court dispatched by it to resolve the dispute. The basic people's court or the court dispatched by it may hold a hearing immediately or hold another hearing. When trying simple civil cases, the grass-roots people's courts and the courts dispatched by them can summon the parties and witnesses at any time in a simple way. Simple civil cases are tried by a judge. The people's court shall conclude a case by applying summary procedure within three months from the date of filing the case.
If a party in the procedure of second instance refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.
. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
The appeal shall be filed with the appeal.
The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.
The appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days. When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
The people's court of second instance shall examine the relevant facts and applicable laws of the appeal request. The people's court of second instance shall form a collegial panel when hearing an appeal case. After reading papers and investigating, asking the parties and finding out the facts, the collegial panel may also make a judgment or ruling if it deems it unnecessary to hold a trial. The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
Question 9: How to write an appeal in the second instance? There are many templates on the internet, so you can understand by searching a few more. The format is fixed, mainly indicating which facts have not been ascertained in the judgment and which laws are wrongly applied.
Question 10: How to write an appeal is a written complaint that a party to a civil action and a third person with independent claim refuses to accept the judgment or ruling of a case of first instance by local people's courts at all levels, and appeals to the people's court at the next higher level according to legal procedures within the statutory appeal period, requesting cancellation, revision of the original judgment or retrial. Its content and structure are as follows:
(1) Title: titled "Civil Appeal".
(2) Basic information of the appellant and the appellee.
1. Basic information of the appellant: state the name, gender, age, nationality, place of origin, occupation and address of the appellant.
2. Basic information of the appellee: the same as that of the plaintiff.
(3) The source of the case: indicate the source of the case where the appellant refuses to accept the judgment or ruling. For example, "the appellant refuses to accept the decision made by the people's court [200 ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
(4) Appeal request: mainly stating the request to the people's court of second instance to cancel or change the judgment or ruling of the original trial, or to request a new trial. According to the mistakes in the original judgment, the illegality of the facts, evidence, applicable laws or litigation procedures identified in the original judgment should be briefly pointed out.
(5) Reasons for appeal: This is the key part of the appeal, which is related to whether the reasons for appeal are established. Usually, the mistakes in the original judgment are refuted from the aspects of whether the facts are clear, whether the law is appropriate and whether the proceedings are legal. At the end of the article, it generally reads: "In summary, I appeal to your hospital, please cancel (or change) the original referee according to law."
(6) Ending: indicate the submitting authority, such as "to the people's court of ××××"; Signature or seal of the appellant; Tangible year, month and day.
(7) Appendix: indicate "X copies of this statement, X copies of physical evidence and X copies of documentary evidence".