2. Filing method: 1 can be filed by mail, 2 can be filed online, and 3 can be filed on site.
3. Filing by mail: As Hainan belongs to the acceptance area of the Supreme People's Court First Circuit Court, it can be filed by mail.
4. Online filing: official website and the Supreme People's Court → Litigation Service Network register and submit filing materials, and the final result is subject to the judge's audit result. For the preparation and arrangement of filing materials, please refer to the materials and requirements to be submitted for civil retrial application in the Supreme People's Court.
The following are the relevant materials needed for retrial:
1, application for retrial (please note: you must specify in the application which one or more of the provisions of Article 200 of the Civil Procedure Law are met, and explain them in detail. Original number: Plaintiff and Defendant 1, and if there is a third party, it is the third party of Plaintiff and Defendant 1 (Please note: it is the original defendant, not the retrial applicant and respondent; It's an original, not a copy)
To apply for retrial, it is necessary to carefully prepare according to the Civil Procedure Law, the Interpretation of Civil Procedure Law, the Interpretation of Trial Supervision Procedure, the Detailed Rules of the Supreme People's Court on Accepting and Examining Cases of Civil Application for Retrial, and the Style of Civil Application for Retrial Procedure.
2. The original judgment document of the first instance shall be prepared for inspection, returned after inspection, and copied (with official seal).
3. The original judgment document of the second instance shall be prepared for inspection, returned after inspection, and copied (with official seal).
4, the applicant's identity certificate, the natural person is a copy of the ID card; The legal person is a unified social letter of credit (business license) (which must be stamped with the official seal), a copy of the identity certificate of the legal representative or the principal responsible person, including a copy of the identity card.
5. Power of attorney, one original.
6. The original identity certificate and lawyer's certificate of the agent for inspection. After the inspection, return a copy (including one page of annual inspection).
7. Letter from law firm, one original.
8. The copy of the acknowledgement of service of the effective judgment document shall be stamped with the official seal of the court, otherwise, it shall be marked and copied.
9 evidence materials, including the main evidence materials of the original trial and the evidence materials of the retrial, one for each.
If the parties meet one of these conditions, they may apply for a retrial.
1. The original trial procedure did not comply with the legal provisions, and there were violations of laws and regulations, which had a certain impact on the outcome of the case, and you can apply for a retrial;
2. After the previous trial, you can find new evidence to prove that there is something wrong with the result of the previous trial, and you can reapply;
3. If the evidence of the original judgment result is insufficient and there is a big contradiction between the evidence and the judgment result, a new application may be filed according to the evidence;
4. The original trial was mainly based on changes or some unavailable facts;
5. The previous trial was contradictory, but the trial was still carried out;
6. If there is an error in the trial, there will be something that will affect the fairness of the result;
7, the original judgment has damaged the interests of the state and other acts, causing others to be implicated;
8. To be able to produce evidence to prove that there were illegal acts in the previous mediation process, or that there were illegal clauses in the agreement;
9. The case-handling personnel are not fair enough in hearing the case. They have to produce corresponding evidence, and there are usually cases of bribery.
If the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements of their own courts and think that a retrial is necessary, they shall submit them to the judicial committee for discussion and decision. The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.
legal ground
Notice of the Supreme People's Court Municipality on Printing and Distributing Several Opinions on Standardizing the Work of Filing a Case for Retrial in People's Courts (for Trial Implementation).
Article 7 In any of the following circumstances, the people's court shall order a retrial of an appeal against a criminal final judgment:
(a) there is evidence that has not been collected or adopted in the trial, which may overturn the original conviction and sentencing;
(two) the main evidence is not sufficient or has no probative force;
(3) The main facts on which the original judgment was based have been changed or revoked according to law;
(four) the main evidence on which conviction and sentencing are based is contradictory;
(five) the application of invalid laws is wrong or violates the provisions of Article twelfth of the Criminal Law;
(six) in violation of the provisions of the law on retroactivity;
(seven) the sentencing is obviously improper;
(eight) the trial procedure is illegal, which affects the fair judgment of the case;
(9) A judge who extorts and accepts bribes and practices favoritism and malpractice leads to perverting the law.
Article 8 The people's court shall order a retrial in any of the following circumstances when applying for a retrial civil judgment or final mediation:
(a) there is evidence to prove that the retrial applicant did not know or could not provide evidence before, which may overturn the original judgment;
(two) the main evidence is not sufficient or has no probative force;
(3) The main facts on which the original judgment was based have been changed or revoked according to law;
(4) For the same legal fact or the same legal relationship, there are two contradictory effective legal documents, and the retrial applicant files a retrial application for the latter effective legal document;
(5) Misquoting legal provisions or applying invalid or invalid laws;
(six) in violation of the provisions of the law on retroactivity;
(seven) the mediation agreement clearly violates the principle of voluntariness, and its contents violate the law or harm the interests of the state, the public and others;
(eight) the trial procedure is illegal, which affects the fair judgment of the case;
(9) A judge extorts bribes, engages in malpractices for personal gain, or perverts the law.