The case file binding must have a directory inside and outside the volume, and the case file materials shall be bound according to the handling process or time, with specific reference to the original case file binding method of the unit, and finally, a description of the matters inside the volume shall be attached.
Question 2: What 1 does the complete file of civil litigation include? It depends on the perspective. For example, the court may need a collegiate bench record, but it is impossible to have this material in the lawyer's file, because the collegiate bench record belongs to the material that is not disclosed according to law.
2, I briefly introduce from the lawyer's point of view, the complete civil litigation file materials:
(1) lawyer's contract and power of attorney
(2) Subject qualification materials, company business license, legal representative's identity certificate and a copy of legal representative's identity card; If you are a natural person, you only need a copy of your ID card.
(three) the complaint and evidence materials
(4) defense and proxy words
(5) Notice of hearing materials: notice of accepting the case/responding to the lawsuit, notice of giving evidence, notice of notifying members of the collegial panel, summons, etc.
(6) Where there is litigation preservation, there should also be preservation materials, such as preservation application, letter of guarantee, preservation order, etc.
(7) Civil judgments, conciliation statements and rulings (withdrawal of prosecution, dismissal of prosecution, inadmissibility, etc.). )
(eight) materials for the return of legal fees.
(9) Other materials, such as mailing vouchers, etc.
Question 3: What is the infiltration of file categories?
Question 4: What does the criminal case file refer to? 1 file directory
2. Law firm case undertaking approval form
3. Basic expense voucher
4. Entrustment agreement
5. Letter of appointment
6. conversation record
7. Correct the report card
Meeting with criminal suspects, defendants, clients and witnesses.
9. Investigation materials
10. The defense or agency opinion put forward by the undertaker
1 1. Collective discussion record
12. Prosecution and appeal
13. defense opinions
14. Defense words or proxy words
15. Notice of appearance in court
16. Trial transcript
17. Award and written judgment
18. letters of appeal and protest
19. evidence transfer list
20. Closing approval form
2 1. service quality supervision card
Question 5: What are the file types of legal aid files? The classification of documents varies from place to place. At this time, we are divided into two categories: non-litigation (including non-litigation and labor arbitration cases); Litigation cases (including criminal cases, people's courage, administration, notarization, judicial expertise, etc.). ).
Question 6: What are the files needed and what is the order? At present, the Public Prosecution Law is drawing up a sample of binding norms for criminal and administrative cases and soliciting opinions from local public security organs at all levels. It is estimated that it will be promulgated soon. Usually, the contents of administrative files mainly include: files, directories, legal documents (including filing, compulsory measures, punishment, notification, delivery and other documents), internal approval procedures (including grading approval forms, etc.). ), evidence (including transcripts of inquiries about the violator, witness testimony, seizure or case handling, on-site photos or exploration records, etc.). ), and other materials (including materials to verify the identity of the violator and materials provided by the unit where the violator works, etc.). ). Generally speaking, local traffic control departments should have unified norms for the files formed by their work.
Question 7: What is the order of all kinds of written materials in public security files? Binding sequence of Ye An case
(a) the cover of the document.
(2) Directory of files in the volume.
(3) Documents and materials of the case:
1, case registration form (criminal case is
Administrative treatment of filing documents);
2. Notice of case transfer;
3. Designated jurisdiction decision.
(4) Decision document:
1, public security administrative punishment decision; 2, the decision to order community drug rehabilitation;
3, compulsory isolation detoxification decision;
4. The decision to extend compulsory isolation and detoxification;
5. The decision to lift compulsory isolation and detoxification in advance;
6, ordered the community rehabilitation decision;
7, the decision of education;
8. Decision on extending asylum education;
9, the decision to terminate the education in advance;
10, notice of refusal or rescission of reeducation through labor;
1 1, reeducation through labor decision;
12, decision on juvenile detention education;
13, public security mediation agreement;
14, on-site public security mediation agreement;
15, decided to terminate the case investigation.
(5) Internal approval documents:
1, internal approval form for administrative cases
(including administrative punishment and administrative compulsory measures);
2, reeducation through labor report;
3, reeducation through labor reporting unit of the legal department of the audit report and audit records;
4, reeducation through labor cases supplementary investigation notice;
5, reeducation through labor examination and approval department collegiate record;
6. Notice of lawyers handling cases of reeducation through labor;
7, reeducation through labor hearing notice;
8, reeducation through labor hearing application;
9, reeducation through labor hearing notice;
10, reeducation through labor does not listen to the notice;
1 1, the people's procuratorate sent personnel to participate in reeducation through labor.
Listen to the invitation;
12, transcript of reeducation through labor hearing;
13, reeducation through labor hearing report;
14, Deliberation Minutes of Reeducation through Labor Examination and Approval Committee;
15, execution approval form outside detention center;
16. Cancel external execution, reduction or prepayment
Submit the batch list for the release of reeducation through labor;
17. approve the forms of juvenile detention and education.
(six) the implementation documents and materials:
1, list of confiscated illegal income and property;
2. List of items collected/recycled;
3. Fine receipt;
4. Notice of termination of community drug rehabilitation;
5. Certificate of lifting compulsory isolation;
6. Notice of termination of community rehabilitation;
7. Certificate of cancellation of entrance education;
8, ordered deadline-notice;
9, ordered to stop-notice;
10- Execute receipt;
1 1, decision to suspend administrative detention;
12, deposit receipt notice;
13, deposit financial voucher deposited in the bank;
14, letter of guarantee of the guarantor;
15, deposit refund notice;
16, decision on confiscation of deposit;
17, receipt of reeducation through labor decision.
18, notice of reeducation through labor;
19, receipt delivered by reeducation-through-labor personnel;
20, reeducation through labor execution or outside
External execution decision;
2 1, notice of execution outside the detention center;
22. Cancel the execution decision of the delivery place outside the office;
23. The delivery place of the notice of revocation of execution is outside the office;
24, the lifting of reeducation through labor appraisal table;
25, shorten the term of reeducation through labor or terminate the reeducation through labor decision;
26, shorten the term of reeducation through labor or terminate the notice of reeducation through labor;
27, juvenile education notice;
28. Delivery receipt.
(seven) documents and materials for investigation and evidence collection:
1, calling card;
2, the illegal suspect's inquiry (inquiry) record:
(1) transcript of the first inquiry (inquiry);
(2) the record of inquiry (inquiry) (in chronological order);
(3) statements and defenses of the illegal suspects.
3. Records of the victim's inquiry:
(1) transcript of the first inquiry;
(2) Inquiry transcripts (arranged in chronological order);
(3) Personal statement of the infringed.
4. witness testimony;
5. Check the records;
6, physical evidence, documentary evidence, electronic data, physical photos, photos and audio-visual materials;
7. Inspection certificate;
8. Inspection records;
9. Appraisal opinions;
10, test conclusion;
1 1, appraisal record;
12, sampling evidence list;
13. Register and save the evidence list in advance;
14, list of seized items;
15, notice record of public security administrative punishment;
16, not accepting the notice of hearing;
17, Notice of Holding Hearing;
18, hearing record;
19, hearing report;
20. Other investigation and evidence collection materials:
(1) case material;
(2) continue to cross-examine the approval form;
(3) An approval form for extending the time limit for continuing cross-examination;
(4) After the illegal suspect is arrested;
(5) The household registration certificate or unit qualification certificate of the illegal suspect ..... >>
Question 8: What materials should be included in the case file of summary procedure of first instance? Compared with ordinary procedure, summary procedure is an independent first-instance procedure for basic people's courts and their dispatched courts to hear simple civil cases.
File information mainly includes:
1, portfolio; 2. The directory in the volume; 3, trial process information management table (card); 4. Commissioning schedule; 5, indictment or oral prosecution record; 6 filing notice (notice of litigation risk, notice of proof) and delivery receipt; 7. Paying legal fees or reducing, postponing or exempting formalities; 8. Notice of responding to the lawsuit (notice of proof) and receipt of service; 9, defense and attachments; 10. Power of attorney, appraisal power of attorney and identity certificate of legal representative of the original and defendant; 1 1, application for litigation preservation; 12, preservation ruling and service receipt; 13, security measures stub; 14, original and defendant evidence; 15, inquiry, investigation and evidence collection materials, witness's application in court; 16, mediation record and mediation materials (mediation before court); 17, prepare the trial record; 18, notice of court hearing, summons and notice of court appearance, notice of proof, notice of collegiate bench members, draft notice of court hearing, etc. 19, trial transcript; 20, the original judgment, mediation and ruling; 2 1, judgment, 22, judgment, mediation, ruling, delivery receipt; 23, the complaint case transfer letter stub; On the 24th, the High Court replied to the letter; 25, the higher court verdict, mediation, the original ruling; 26, evidence processing procedures; 27. Implementation procedures; 28. Form of preparation; 29. Evidence bag; 30, bottom of the roll. Summary procedure is only applicable to simple civil cases with clear facts, clear rights and obligations and little controversy. Simple prosecution method, case acceptance procedure and summoning method are simple. The trial is conducted on an exclusive basis and the procedure is simple.
When a court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.
If the summary procedure is not applicable:
(1) The defendant's whereabouts were unknown at the time of prosecution.
(2) remanding cases for retrial and retrial.
(3) Non-litigation procedure
(4)*** There are many parties in the same lawsuit.
Moreover, the people's court may use summary procedure if both parties reach an agreement through consultation, and the parties may not agree to exclude the application of summary procedure.
Question 9: What is the difference between the file directory number and the file number? You can refer to GB/T9705-2008 File Format.
3. 1.3.8 Compilation of document number
The cover file number consists of fonds number, catalogue number and file number.
Clan number: the number assigned by the archives to the filing unit.
Directory number: the directory number to which the files in the whole family belong. Duplicate file directory numbers are not allowed in the same tribe.
File number: the serial number of the file in the directory. Duplicate file numbers are not allowed in the same file.
My principle is that the fonds number is given by the archives, and the catalogue number can also be expressed in years, and the case file number is the serial number of the case file of that year.
Question 10: Is the case file of the police station used as an auxiliary reference?