1. Prosecution: Submit a complaint to a court with jurisdiction.
2. filing a case for review;
3. After the lawsuit is accepted, the court will send a copy of the complaint to the other party within 5 days;
4. Arrange the court session time;
6. Listening;
7. Reach a mediation agreement.
Make a conciliation statement, which will take effect after being signed by both parties. When the parties perform the contents of the mediation agreement or apply for execution, they apply to the court for retrial. If no mediation agreement is reached, the collegial panel will make a judgment (ruling): if the judgment is agreed, the parties will automatically perform the obligations stated in the judgment document or apply to our hospital for compulsory execution. Those who refuse to accept the judgment shall appeal to the people's court at a higher level within 10 days from the date when the ruling is served, and appeal to the people's court at a higher level within 15 days from the date when the judgment is served.
Second, appeal.
Submit an appeal to the court undertaker and pay the appeal fee as required. The court will send a copy of the appeal to the other party within 5 days, and the other party will reply within 15 days.
Third, the second instance trial.
Fourth, the second trial:
1, put on record;
2. Exchange of evidence;
3. Judgment of appeal;
4. Transfer to the court of first instance for trial;
5. sentences.
The parties automatically perform the obligations specified in the judgment documents or apply to the court of first instance for execution, and submit written appeal materials to the court of second instance for retrial. If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties.
Legal basis:
Article 119th of the Civil Procedure Law of People's Republic of China (PRC) * * * Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
Article 121 A complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based; (4) Evidence and its sources, names and residences of witnesses.