What is the process of litigation?

I. Preparation before the trial 1. Clerk: after the parties and their agents ad litem enter the court, they will return the subpoena and notice of appearance to the attached file; Witnesses who have reported to the designated place are waiting to be summoned. Witnesses are not allowed to participate in the audit, and witnesses cannot be together. 2. Clerk (standing up): Now declare the court discipline. According to the Rules of People's Republic of China (PRC) People's Court, observers must observe the following disciplines: (1) No audio recording, video recording or photography; (2) Don't walk around and enter the test area at will; (3) don't speak, don't ask questions; (4) Do not clap, make noise, make noise or commit other acts that hinder judicial activities; 5] Turn off the wireless communication tools. The presiding judge shall give verbal warning and admonition to those who violate the court discipline; Confiscate audio, video and photographic equipment, and be ordered to leave the court or be fined or detained with the approval of the president. Those who seriously disturb the court order shall be investigated for criminal responsibility according to law. 3. Clerk: All stand up and invite the presiding judge and judges to appear in court. (The presiding judge leads the members of the collegial panel to step into the trial platform from the judges' aisle bar and take their seats. ) 4. Clerk: Sit down and report to the presiding judge that all the parties and their agents ad litem in this case have attended the court (please explain if they are absent) and are ready to ask the presiding judge to open the court. Ii. official court activities 5. Presiding Judge: (Announced after knocking the gavel) The court is now in session. 6. Presiding judge: check the identities of the parties and their agents ad litem. Name, gender, date of birth, nationality, native place, occupation or work unit, position and address of the plaintiff (defendant, third party). (If the party is a legal person, check the name and address of the legal person and the name and position of the legal representative) The name, gender, date of birth, occupation or work unit, position and address of the plaintiff (defendant and third party). Close relatives, check the relationship with the parties. If the entrusted agent is a lawyer, check the name, work unit and position (it is required to show the lawyer's practice certificate and read the power of attorney and agency authority). 7. Does the plaintiff have any objection to the defendant (the third party)? 8. Does the defendant have any objection to the plaintiff (the third party)? 9. Does the third party have any objection to the court personnel of the plaintiff and the defendant? 10. presiding judge: the identities of the parties and their agents ad litem have been verified, and the parties have no objection to the other party's appearance in court. The parties and their agents ad litem comply with the law and may participate in the litigation activities of this case. [The defendant XXX (the third party with independent claim) was summoned by the court (served by announcement) and refused to appear in court without justifiable reasons, and the court served the summons according to law. According to Article 130 of the Civil Procedure Law of People's Republic of China (PRC), our court ruled by default according to law. The third party without independent claim refuses to appear in court after being summoned by our court without justifiable reasons] 1 1. Presiding Judge: The First Division of Civil Affairs of the People's Court of Jinqu County held a court session in the Third Division of our hospital according to the provisions of Article 120 of the Civil Procedure Law of People's Republic of China (PRC) (or not). (If the trial is not held in public, the reasons shall be explained) 12. Presiding Judge: According to Article 40 of the Civil Procedure Law of People's Republic of China (PRC), Judge XXX is the presiding judge, and Judge XXX and Judge XXX form a collegial panel according to law. The clerk ××× served as the court record. 13, presiding judge: Now explain the rights and obligations in the litigation and the court discipline that should be observed to the parties. Article 7 of the Rules of Court of People's Republic of China (PRC) People's Court stipulates that participants in litigation shall abide by the rules of court and maintain the order of court, and shall not be noisy or noisy; Speeches, statements and debates must be approved by the presiding judge. According to the provisions of Articles 45 and 46 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the right to apply for the withdrawal of judges and clerks. Under any of the following circumstances, persons above the collegial panel may apply for withdrawal: (1) Being a party to the case or a close relative of a party or agent ad litem; (2) Having an interest in the case; (3) Having other relations with the case, which may affect the fair trial of the case. Article 50 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement; The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and fulfill the main contents determined in the legally effective judgment, ruling or conciliation statement. According to Articles 5 1 and 52 of People's Republic of China (PRC) Civil Procedure Law, both parties can reach a settlement by themselves; The plaintiff may waive or change the claim; The defendant may admit or refute the claim and has the right to file a counterclaim. According to the provisions of Articles 129 and 130 of the Civil Procedure Law of People's Republic of China (PRC), if the plaintiff withdraws from the court without authorization, it can be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default; If the defendant withdraws from the court without the permission of the court, he may make a judgment by default. 14. Ask the plaintiff, the defendant, the third party or their legal representatives respectively. Did you hear clearly the litigation rights, obligations and litigation order just explained by the presiding judge? Did you apply to drop out of school? Three. Court investigation 15. Presiding Judge: Now, the court investigation will be conducted. 16. presiding judge: the plaintiff states the request and reasons for the prosecution, or reads out the complaint (if the agent reads out the complaint, ask the plaintiff if there is any supplement to the content of the complaint). 17. Presiding judge: the defendant pleads or reads out the pleadings (if the agent reads out the pleadings, ask the defendant whether he has added anything to the contents of the indictment). 18. presiding judge: statement of the third party's defense (if the agent has made a statement defense, ask the third party if there is any supplement to the contents of the indictment). (The presiding judge summarizes the focus of disputes of all parties) ① ② 19. Presiding judge: Does the plaintiff have any objection to the focus of the dispute summarized by the presiding judge? Does the defendant have any objection to the focus of the dispute summarized by the presiding judge? Does the third party have any objection to the focus of the dispute summarized by the presiding judge? 20. Presiding Judge: According to Article 64 of the Civil Procedure Law of People's Republic of China (PRC) (1), "the parties have the responsibility to provide evidence for their own claims." The parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the other party's claims. If there is no evidence or the evidence is not enough to prove the claims of the parties, the parties with the burden of proof shall bear the adverse consequences. The evidence shall be presented in court and the parties concerned shall be witnesses. Evidence that has not been cross-examined cannot be used as a basis for ascertaining facts. During cross-examination, the parties shall question, explain and refute the authenticity, relevance and legality of the evidence and the existence and size of the probative force of the evidence. 2 1. presiding judge: now the plaintiff will present the evidence. The defendant cross-examined. The third person conducts cross-examination. 22. Presiding Judge: Now the defendant will present the evidence. The plaintiff conducted cross-examination. The third person conducts cross-examination. 23. Presiding Judge: Now the third person presents the evidence. The plaintiff conducted cross-examination. The defendant cross-examined. 24. Presiding Judge: Does the plaintiff have any new opinions on the evidence? 25. Presiding Judge: Does the defendant have any new opinions on the evidence? 26. Presiding Judge: Does the third party have any new opinions on the evidence? The evidence collected by the people's court ex officio is presented here to listen to the opinions of the parties and explain the investigation and collection of evidence. The witness ××× testified in court. Inquiring about the identity of witnesses (checking ID cards), according to Article 70 and Article 102 of the Civil Procedure Law of People's Republic of China (PRC), all units and individuals who know the case are obliged to testify in court. A witness must provide evidence realistically, and shall not use the language of speculation, inference or comment. Those who intentionally commit perjury or perjury shall bear legal responsibility. Witness XXX, did you hear clearly? Now witness XXX objectively states the facts he personally feels. (The parties should ask questions to witnesses with the permission of the court) 28. The plaintiff will cross-examine the testimony of the witness. The defendant cross-examined the testimony of the witness. The third party may cross-examine the witness's testimony (if necessary, it may confront the witness). (If members of the collegial panel need to question witnesses here) 29. After the witness testifies, check the testimony recorded in the transcript and sign and seal it. Witnesses can participate in the audit after testifying. (The presiding judge asks the parties here according to the needs of the case to identify the evidence unanimously agreed by the collegial panel. For the evidence that cannot be identified for the time being, the collegial panel will explain what evidence to identify after deliberation. ) 4. Court debate 30. Presiding Judge: The court investigation is over. Now we will have a court debate. Court debate is a comprehensive speech made by the parties and their agents ad litem around the focus of the dispute in this case, combined with the specific circumstances of court investigation and applicable laws. In the debate, we should seek truth from facts, respect objective facts within the scope of the law, and convince people by reasoning. We should not engage in personal attacks on issues irrelevant to this case in order to gain the understanding of the other party and the support of the court. 3 1. presiding judge: now the plaintiff and his agent ad litem express their opinions on the debate. 32. The defendant and his agent ad litem are invited to express their opinions on the debate. 33, now by the third party and its agent ad litem debate opinions. (In the second round, the presiding judge asked the litigants if they had any new opinions on the debate. If so, a second round of debate will be held. 34. Presiding Judge: At the end of the court debate, the plaintiff proposed ...; In the debate, the defendant thought that ...; The third party's opinion in the debate is that the plaintiff made a final statement. 37. The defendant made his final statement. 38. The third person makes the final statement.