1. Clerk: The parties and their agents ad litem enter the court and return the summons 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) Audio recording, video recording and photography are prohibited;
(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 collegial panel to step into the trial platform from the judges' aisle bar and take a seat.)
4. Clerk: Sit down and report to the presiding judge that all the parties to this case and their agents ad litem have been present in court (if absent, please explain) and are ready to invite the presiding judge to open the court.
Formal court session
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 agent entrusted by the plaintiff (defendant, 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 are allowed to 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. If a third person who has no independent claim refuses to appear in court after being summoned by our court without justifiable reasons, it will not affect the trial of the case]
1 1. presiding judge: today, according to the provisions of article 120 of the civil procedure law of People's Republic of China (PRC), the first court of Quxian people's court held a public (or closed) hearing in the third court of our hospital to hear the plaintiff ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
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 judges XXX and 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 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. In any of the following circumstances, people 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, whether the litigation rights and obligations of the parties and the litigation order that the presiding judge just explained are clear, and whether to apply for withdrawal.
Extended data:
Conditions for not bringing a civil lawsuit:
1, the plaintiff is unqualified. Plaintiff qualification means that the plaintiff should be a citizen, legal person or other organization that has a direct interest in the case.
2. There is no clear defendant.
3. There are no specific claims, facts and reasons.
4, does not belong to the jurisdiction of the people's court.
5. The plaintiff's capacity for litigation rights and behavior is defective.
6. It belongs to the scope of administrative litigation. If it falls within the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit.
7. There is a pre-arbitration procedure.
8. There is a time limit for prosecution.
9. The judgment or ruling has taken legal effect, and if a party files a lawsuit, it will be rejected after handling the complaint, and the ruling will dismiss the lawsuit.
Baidu encyclopedia-civil litigation trial procedure