1. The appellant filed a civil appeal. A civil appeal is a legal document in which a litigant refuses to accept a judgment or ruling made by a people's court that has no legal effect in the first instance, requests a people's court at the next higher level to hear it within the statutory time limit, and makes a request to cancel or change the original judgment according to law. The civil appeal is the written basis for the people's court at the next higher level to start the second instance procedure. If the appellant only expresses his will to appeal and fails to file an appeal, he shall file a civil appeal in time, sign or seal it and submit it to the people's court.
2. The appellee filed a written reply. The civil defense of the second instance is a legal document that the appellee of the second instance responds to the appellant's appeal request and refutes it according to facts and reasons. The content of the second-instance defense mainly focuses on refuting the appeal reasons and the falsity of the appeal request put forward by the appellant, and clarifying the appellee's understanding and opinions on the first-instance judgment. The defense shall be signed or sealed by the parties and submitted to the people's court.
3. After accepting the entrustment, the agent and the contact agent of the people's court shall contact the people's court in time, submit the entrustment agreement, the power of attorney and the power of attorney of the law firm to the judge of the case, and clarify the identity and qualification of the agent in the second-instance litigation, so as to facilitate the people's court to arrange and notify the court time.
4. Before the court session, the parties or their agents shall go to the people's court to consult the case files, objectively and comprehensively understand the facts of the case and the relevant evidence materials provided by the parties in the first-instance proceedings, analyze and judge whether the judgment or ruling of the first instance is correct, and make a marking record.
5. Investigation and evidence collection If it is considered that the facts of the case have not been ascertained and it is necessary to investigate and collect evidence, it should be investigated and collected, and the relevant evidence should be submitted to the people's court for investigation and evidence collection, so as to fully understand the case, grasp the evidence and prepare for the trial.
6. Attend the trial. If there is no special reason, the parties or their agents shall attend the trial of second instance in person in time, fully exercise their litigation rights, perform their litigation obligations and express their opinions on the debate. The specific work requirements are the same as those of the plaintiff and his agent in the first instance. If the court of second instance fails to hold a hearing in accordance with the provisions, it shall promptly submit the evidence collected by investigation and the written opinions compiled to the people's court of second instance, so that the judges can understand the case and make a judgment of second instance.
Second, the second instance litigation skills
1. The agent of the second instance who did not participate in the proceedings of the first instance shall go to the court to consult the case file in time, copy the relevant case file, get in touch with the lawyer of the first instance when necessary, and understand the situation of the first instance as comprehensively as possible. When consulting the files of the first instance, we can focus on the following aspects:
(1) Whether the facts ascertained in the first instance are clear, complete and inconsistent;
(2) Whether the evidence in the first instance is sufficient and conclusive, and whether there is evidence without cross-examination as the basis for judgment; Whether there is evidence that should not be accepted, but the evidence that should be accepted is not accepted; Whether there are contradictions between the evidences;
(three) whether there is a logical connection between the facts ascertained in the first instance and the results of the judgment or ruling;
(four) whether the applicable law is appropriate, whether the applicable legal provisions are consistent with the nature of the case and the main facts, and whether the abolished administrative regulations, local regulations and judicial interpretations are applicable;
(5) Whether there is any illegal situation that affects the correct judgment of the case in the procedure of first instance.
2. If the court of first instance fails to make a trial judgment on the claims or counterclaims put forward by the parties in the first instance, or the judgment result is beyond the scope of the claims, it shall request the court of second instance to mediate or remand them for retrial.
3. In the second instance, if the plaintiff of the first instance or a third party with independent claims increases the claims, or the defendant of the first instance raises or increases the counterclaims, it shall suggest the court of second instance to mediate or send it back for retrial.
4, according to the situation of the first instance, do a good job of evidence remedy in time, and strive to collect new evidence to support our claim and refute the other party's claim.
5. If a case of second instance is heard in court, the rules for lawyers to participate in the trial are the same as those of the first instance; If the case of second instance is not heard in court, the lawyer shall submit a written statement of agency in time.
6. If new important evidence is found during the second trial, or there is reason to show that the main evidence as the basis of the first-instance judgment cannot be established, or there are other circumstances that may directly affect the outcome of the case, it may be suggested that the court of second instance hold a hearing. The most important skill in the second trial of civil procedure law is to win a lawsuit, because in general, the second trial is not held. If new important evidence is found, it can be suggested that the court of second instance hold a hearing. If you change or add the agent of second instance, you need to fully understand the situation of first instance. Cases of second instance shall be concluded within 3 months from the date of filing the case of second instance, except in special circumstances.
The skills of second instance in civil procedure are mainly embodied in the writing of appeal. Through a complete and clear appeal, the parties can let the judge consider their opinions and demands as much as possible, laying a good foundation for future court defense. In addition, the parties should also master some knowledge about evidence cross-examination and court defense.
The conditions for the parties to appeal include:
1, the complainant must be a citizen, legal person or other organization that enjoys or can exercise the right of appeal according to law;
2. The object of appeal must be a judgment or ruling that allows appeal according to law;
3. It must be filed within the statutory time limit; If a party refuses to accept the judgment of the people's court of first instance and appeals to the people's court at the next higher level, it must appeal within 15 days from the date when the judgment is served; If you refuse to accept the ruling of first instance, you must appeal within 65,438+00 days from the date when the ruling is served;
You must submit an appeal and pay the appeal fee. An appeal may be filed through the people's court that originally tried the case, or directly to the people's court at the next higher level, and copies shall be submitted according to the number of the opposing parties or representatives. At the same time, it shall pay the legal fees to the court within 7 days after receiving the Notice of the People's Court on Prepayment of Legal Fees, and automatically withdraw the appeal after the deadline. The knowledge of the second trial of civil procedure is not difficult to find. In fact, the skills of second instance in civil litigation are mainly embodied in the writing of appeal. Through a complete and clear appeal, the parties can let the judge consider their opinions and demands as much as possible, laying a good foundation for future court defense. In addition, the parties should also master some knowledge about evidence cross-examination and court defense.
Legal basis:
Article 170 of the Civil Procedure Law of People's Republic of China (PRC) * * * After the trial, the people's court of second instance shall deal with it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.