The retrial applicant shall submit the retrial application and other materials in a4 paper with standard font, and there shall be no color enlarged font. The application page should be clean and concise, and the content should focus on the case for retrial, and there should be no personal attacks.
1. Application for retrial (in duplicate), and submit corresponding copies of the application according to the number of respondents and other parties in the original trial.
2. If a natural person applies for retrial, he must bring the original ID card and submit a copy; If you entrust a close relative to act as an agent, you must also provide proof of kinship and the original and photocopy of your ID card; If you entrust others to act as agents, you must also provide letters of recommendation from communities and units, and the original and photocopy of the agent's ID card.
If a unit applies for retrial, it shall submit a copy of the business license of the unit, the organization code certificate and the identity certificate of the legal representative, all of which are stamped with the official seal of the unit; Original and photocopy of the legal representative's ID card. If an employee is entrusted as an agent, the employee's certificate, power of attorney, original and photocopy of ID card shall also be submitted.
If a lawyer is entrusted, an official letter from the law firm, a copy of the lawyer's practice certificate and a copy of the annual filing form of the practice certificate shall be submitted.
3. Applicants for civil cases must submit the original judgments and rulings of the first and second instance, or a copy after verification; In criminal and administrative cases, the complainant shall submit the originals of the original judgments, rulings and rejection notices of the first and second instance, or one copy after verification. The original shall be returned to the parties after being checked by the judges, and the written judgment or ruling submitted by the parties to the court shall not be altered, crossed or written.
4. If the applicant submits evidence materials, it shall prepare a copy of the evidence materials. The parties may voluntarily provide evidence materials that have been submitted in the original first and second trials. (The filing window only receives paper evidence materials, and audio-visual materials such as recordings, photos and CDs can be directly handed over to the case undertaker. )
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. 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.
Article 165 An appeal shall be attached. 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.
Article 166 An 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 agents. 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.
Article 167 After receiving the appeal, the people's court that originally tried the case 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.