Form of power of attorney to appeal to the High Court

The format of the power of attorney to appeal to the High Court is the same as that of ordinary first-instance cases, as long as it is indicated that the agent appeals to the High Court.

The format is as follows:

I. Power of Attorney (for personal use of citizens)

Format:

explain

1. If a citizen entrusts a lawyer, it is enough to specify the lawyer's name and law firm. Where other citizens are entrusted, the name, gender, age, work unit, address and other basic information of the entrusted person shall be stated.

2. According to Article 31 of the Administrative Procedure Law of the People's Republic of China, if a party entrusts a close relative or a staff member, or entrusts a citizen recommended by the community, unit or relevant social organization where the party belongs, the people's court may require the provision of corresponding certification materials.

3. If you entrust others to represent you in litigation, you must submit a power of attorney signed or sealed by the client to the people's court.

The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.

The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.

Two. Power of attorney (citizen entrusts agent ad litem)

Format:

explain

1. This model is based on Articles 49, 58 and 59 of the Civil Procedure Law of People's Republic of China (PRC) and Articles 78 and 85 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC), and is formulated for citizens, legal representatives and joint litigation agents to entrust litigation agents to participate in litigation.

2. The parties, legal representatives and agents ad litem may entrust one or two persons as agents ad litem. The parties have the right to entrust agents ad litem, apply for withdrawal, collect and provide evidence, debate, request mediation, file an appeal and apply for enforcement.

3. The following persons may be entrusted as agents ad litem: (1) lawyers and grassroots legal service workers; (2) Close relatives or staff members of the parties concerned; (three) citizens recommended by the community, units and relevant social groups where the parties are located.

4. A close relative of the party concerned may be an agent ad litem if he is husband and wife, lineal blood relative, collateral blood relative within three generations, close in-laws and other relatives who have the relationship of support and maintenance.

5. In addition to submitting the power of attorney in accordance with the provisions of Article 59 of the Civil Procedure Law, an agent ad litem shall also submit relevant materials to the people's court in accordance with the following provisions: (1) A lawyer shall submit a lawyer's practice certificate and certification materials of a law firm; (2) Grassroots legal service workers shall submit the practice certificate of legal service workers, the letter of introduction issued by grassroots legal service and the certification materials that one party is located in this area; (three) the close relatives of the parties shall submit the identity documents and certification materials that have a close relationship with the client; (four) the staff of the party concerned shall submit the identity documents and the proof materials of legal labor and personnel relations with the party concerned; (five) citizens recommended by the community or unit where the parties are located shall submit identity documents, recommendation materials and certification materials of the community or unit to which the parties belong; (six) citizens recommended by relevant social organizations shall submit identity documents and certification materials that meet the conditions stipulated in Article 87 of this Interpretation.

6. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.

Extended data:

[Power of Attorney]

When entrusting others to exercise their legitimate rights and interests on their behalf, the client shall show the legal documents of the client when exercising his power. The trustor shall not abandon the entrusted matters for any reason. If the client makes any rights and interests that violate national laws, the client has the right to terminate the entrustment agreement. Within the scope of the legitimate rights and interests of the principal's power of attorney, all the duties exercised by the principal shall be borne by the principal, and the principal shall not bear any legal responsibilities.

References:

People's Republic of China (PRC) the Supreme People's Court-Power of Attorney (for personal use of citizens)

People's Republic of China (PRC) the Supreme People's Court Power of Attorney (citizen entrusts agent ad litem)