1, sue, that is, file a complaint with a court with jurisdiction.
2. If the filing review meets the filing conditions, notify the parties to pay the legal fees within 7 days, and file the case after payment; If it does not meet the conditions for filing a case, it shall be ruled inadmissible. If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, a ruling on property preservation can be made and executed immediately.
3. Notify the parties of the time, place and undertaker of the court session three days in advance; The public hearing of the case will be announced three days in advance.
4. Announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal from the court investigation: the parties state the facts of the case.
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.
Court debate: the two sides debate and demonstrate controversial facts and legal issues.
Court mediation: Under the auspices of the court, both parties agreed to settle the dispute. If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).
5. After the judgment is approved, the parties automatically perform the obligations determined in the judgment documents or apply to our court for execution;
If you refuse to accept the judgment, you need to treat it differently according to the situation: ruling: appeal to the higher people's court within 10 days from the date of service; Judgment: Appeal to the Higher People's Court within 15 days from the date of service.
Second, the civil procedure of second instance
1. If the party filing the case refuses to accept the judgment or ruling of the court of first instance, it shall appeal to the court of first instance or the people's court at a higher level within the statutory time limit;
The court of second instance shall examine the appeal materials and files transferred by the court of first instance, and if they meet the requirements, file a case. Evidence exchange.
The ruling or judgment of the appeal shall be made directly after review by the court.
2, hearing (the facts of the case are basically clear, you can not open the court, but you must talk to both parties) 3 days in advance to inform the parties of the time, place and undertaker of the court;
Cases heard in public shall be announced 3 days in advance; Transfer to the court of first instance for trial.
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal;
Court investigation: the parties state the facts of the case;
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials;
The two sides expressed their opinions on the evidence materials; Court debate: the parties debate and demonstrate controversial facts and legal issues;
Court mediation: under the auspices of the court, the parties agree to resolve the dispute;
The collegial panel makes a collegial decision; Maintain the original judgment, or change the judgment, or send it back for retrial. Sentence.
3, the parties automatically fulfill the obligations specified in the judgment documents or apply to the court of first instance for execution; Or submit written appeal materials to the court of second instance to apply for retrial. If a mediation agreement is reached, the court shall make a mediation agreement, which will take effect after being signed by both parties.