Header: (1) indicates the name of the document. (2) Basic information of the applicant: If the applicant is a citizen, explain the basic information of his identity; If the applicant is a legal person or other organization, the full name, address, name and position of the legal representative shall be stated. Clearly state the application matters and explain the facts and reasons. (1) Request: State clearly what case the applicant applied for adjournment, and why. (2) Facts and reasons: explain emphatically the reasons why the applicant proposed to postpone the trial, and explain the necessity of applying for postponement of the trial according to the specific circumstances that should be postponed. Based on the above facts and reasons, in accordance with the relevant provisions of the law, apply to the people's court for an adjournment of the trial. (1) Send the name of the people's court. (2) Signature of the applicant. If the applicant is a legal person or other organization, it shall also affix the official seal of the unit and be signed by its legal representative. (3) Date of application. (4) Attachment: Attach evidential materials that can prove that the applicant has special circumstances stipulated by law and the trial should be postponed, such as the proof that the parties cannot appear in court on schedule due to justifiable reasons.
Legal objectivity:
Postponement of trial: refers to the system in which the people's court decides the date of the trial after notifying the parties and other participants in the proceedings and announcing the date of the trial, or when the trial is held for legal reasons. Postponement of the trial can only occur at the trial stage, and the litigation acts that have been implemented before the postponement of the trial are still valid for the postponement of the trial. However, the extended time is not counted in the probation period. Relevant provisions of the Criminal Procedure Law: According to the provisions of Article 198 of the Criminal Procedure Law, the trial may be postponed under any of the following circumstances; 1. It is necessary to notify new witnesses to appear in court, obtain new material evidence, re-identify or conduct an inquest; 2. Procurators find that public prosecution cases need supplementary investigation and make suggestions; 3. Unable to conduct a trial due to the application for withdrawal. Relevant provisions of the People's Procuratorate on criminal procedure: According to Article 348 of the Rules of Criminal Procedure of the People's Procuratorate, the public prosecutor shall request the court to postpone the trial under any of the following circumstances during the trial; 1. If it is found that the facts are unclear, the evidence is insufficient, or the accomplices and suspects are omitted, it is necessary to make supplementary investigations or provide supplementary evidence; 2. If it is found that the accomplice is guilty or the criminal suspect is omitted, it is necessary to supplement or change the prosecution, although it is not necessary to supplement the investigation and provide supplementary evidence; 3. It is necessary to notify witnesses and expert witnesses who have not provided the list to the people's court before the court session, or witnesses who have not appeared in court after being notified by the people's court to make statements in court. Model application for postponement of trial: applicant: lawyer's mailing address or contact information of law firm: application matters: reason for postponement of trial: As the defender (agent) entrusted by the parties, we hereby request the court to postpone the trial according to the provisions of the Criminal Procedure Law of People's Republic of China (PRC). Signature of the applicant to the people's court: (seal of law firm) year month day.