In today's legal society, although everyone can take up legal weapons to protect themselves, things still happen around us. There are many unfortunate things. In many cases, the parties are not satisfied with the court's decision, but we can file a retrial with the higher court. So what materials are needed for the retrial? The application for administrative retrial is definitely indispensable. How many copies?
1. Cases that can be applied for retrial: If you are dissatisfied with the effective judgment (or ruling, mediation letter) of the People's Court, you can apply for retrial.
2. If you apply for retrial. The person: should be a party in the effective judgment or a party outside the case (civil cases) or the victim or the procuratorate (criminal cases)
3. Cases that can be applied to the Higher People's Court (High Court) for retrial:< /p>
(1) Dissatisfaction with the first or second instance judgment of the Intermediate People’s Court that has taken effect;
(2) Dissatisfaction with the first or second instance ruling or mediation letter of the Intermediate People’s Court that has taken effect. < /p>
4. Materials to be submitted to the Higher People’s Court for retrial:
(1) Application for retrial: 1 Applicant
(2) The person applying for retrial is. If you are a natural person, submit one copy of your identity certificate and bring the original when applying.
If the person applying for reexamination is a legal person or other organization, you should submit a copy of your business license and enterprise code certificate, as well as the legal representative or principal responsible person. Proof of identity.
In addition to the original application, copies should be submitted according to the number of parties involved.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: Third. Article 177 When a party applies for retrial, he shall submit the following materials:
(1) Application for retrial, and submit copies according to the number of the respondent and other parties involved in the original trial;
( 2) If the applicant for reexamination is a natural person, his/her identity certificate shall be submitted; if the person applying for reexamination is a legal person or other organization, he/she shall submit the business license, organization code certificate, and the identity certificate of the legal representative or principal responsible person who entrusts another person to apply. , a power of attorney and the identity certificate of the agent should be submitted;
(3) Original judgment, ruling and mediation letter;
(4) Main evidence reflecting the basic facts of the case and other
Article 385: The People’s Court shall, within five days from the date of receipt of a qualified retrial application, issue a notice of acceptance to the applicant and to the respondent and other parties involved in the original trial. The party concerned shall submit a letter of response, a copy of the retrial application and other materials.
If a citizen is entrusted to apply for representation, he or she shall submit a power of attorney and the identity certificate of the agent. A lawyer applying for representation shall submit a letter of introduction from a law firm. Lawyer's certificate, 1 original and 0 copies respectively.
(3) The original or verified copy of the effective judgment document applied for retrial; if the effective judgment is a second instance or retrial judgment, the original or verified copy of the judgment document of the first instance or second instance judgment must be submitted at the same time.
(4) Copies of the main evidence and new evidence submitted during the original trial;
(5) Evidence supporting the reasons for applying for retrial and the procedures for requesting retrial. If you need to submit video or audio evidence materials, please briefly describe their content and name.
One copy of each. The relevant legal knowledge has been mentioned in detail above. Many times when we are dissatisfied with the court's decision, we can file a retrial application. I hope the above content will be helpful to the majority of netizens. I hope everyone can think calmly and treat it rationally when they are dissatisfied with the verdict.