1. What materials do lawyers need to submit to the court to transfer files?
A lawyer needs to submit a lawyer's practicing license, lawyer's business certificate, and power of attorney to review the files. When a lawyer handles a case, he or she may apply to the court or procuratorate to inspect or copy case file materials.
When checking the files, you need to submit the lawyer's practicing certificate and the certificate and power of attorney issued by the law firm. The docket number of the case under investigation. If there is no case file number, you should also know the exact name of the party involved and the year the case was decided, so that the archives staff can find it easily.
Power of attorney from both parties. If you refer to cases you have represented, you only need a power of attorney from the litigation agent. If other cases need to be investigated, the client needs to sign a separate power of attorney.
Second, relevant legal provisions on the transfer of court case files
The provisions of the Supreme People's Court on parties' access to civil case materials
Article 1: Acting on behalf of civil litigation Lawyers and other litigation agents have the right to inspect relevant materials of the cases they represent. However, the litigation agent's access to case materials does not affect the trial of the case.
Litigation agents who apply for retrial can review the relevant materials of the cases they represent that have been completed.
Article 2 The people's court shall provide convenient conditions for litigation agents to review files and arrange a location for reviewing files. The clerk or other court staff shall be present when necessary.
Article 3 If the litigation agent needs to consult the relevant materials of the case during the litigation process, he shall contact the clerk of the case or the judge in advance; to consult the relevant materials of the case that has been tried and concluded, contact the relevant departments of the People's Court of staff.
Three. Application form
Applicant: name, gender, age, nationality, place of origin, workplace, current address and contact information.
Requested items:
Request that the People’s Court inspect the file (dossier number) ex officio.
Facts and reasons:
This dispute between the applicant and
(English to Chinese) has been sued to the People's Court and is currently under trial. First of all, it’s because (the reason for writing a clear thesis). In accordance with the provisions of the Civil Procedure Law of the People's Republic of China, in order to protect the legitimate rights and interests of the respondent, an application is now made to the People's Court to obtain relevant information in the file (file number).
I hereby convey
People's Court
Applicant:
Year
Moon
Sun
Any illegal behavior will be sanctioned and punished by the judicial department, so the parties can also hire a lawyer to assist in the punishment. Therefore, the lawyer will defend the suspect based on the actual situation of the case. At the same time, the lawyer will also The court may be required to retrieve files in accordance with the law. Relevant documents and materials must also be submitted when retrieving files, and the court shall not refuse.