1. What materials should be prepared for court prosecution?
The materials required for litigation are as follows:
1, indictment;
2. Evidence materials;
3. The plaintiff's ID card and the materials to prove the defendant;
4. If another person is entrusted to represent the lawsuit, submit 1 copy of the power of attorney and the ID card of the trustee, and provide the original for inspection;
5. If a lawyer is entrusted to represent the lawsuit, a clearly authorized power of attorney and a copy of the certificate, letter and lawyer's card of the entrusted law firm shall be submitted.
Second, how to go to court?
Determine the court of jurisdiction, and the person suing the debtor can choose the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile, the location of the subject matter, the level jurisdiction and the exclusive jurisdiction.
There are two ways of prosecution stipulated in the Civil Procedure Law: written prosecution and oral prosecution.
Article 109 of the Civil Procedure Law stipulates: "A prosecution shall submit a complaint to the people's court. And submit one copy according to the number of defendants. " Only if it is really difficult to write a complaint can an oral prosecution be initiated. The people's court will record the oral statement of the plaintiff and inform the other party.
The indictment is the written basis for the plaintiff to bring a lawsuit to the people's court. According to Article 110 of the Civil Procedure Law, a complaint shall include the following contents:
(1) The natural conditions of the parties. Including the name, gender, age and nationality of the parties. Occupation, work unit and residence. The name of the legal person or other organization. Domicile and the name and position of the legal representative or principal responsible person. This part embodies the identity of both parties and concretizes the original and the defendant.
(two) the complaint request and the facts and reasons on which it is based are the main contents of the complaint. The plaintiff shall state the specific litigation request and the facts and reasons on which it is based in the complaint, including the facts of legal relationship, the disputed facts and the reasons for filing the litigation request.
(3) Evidence and its sources, names and residences of witnesses.
According to the relevant judicial interpretation of the Civil Procedure Law, the plaintiff can provide specific and clear information that distinguishes the defendant from others, such as name and address. Even without the defendant's ID number, the people's court will register and file a case according to law. In practice, there is a lot of information that can distinguish the defendant from others, such as name, gender, age, address, social relations, ID number, work unit, other household registration contents and so on. The more information, the more helpful it is to determine the specific defendant.