What is the trial procedure in the Civil Procedure Law?

What is the trial procedure in the Civil Procedure Law? What are the preparations before the trial? 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) No audio recording, video recording or photography; (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 members of the collegial panel to step into the trial platform from the judges' aisle bar and take their seats. ) 4. Clerk: Sit down and report to the presiding judge that all the parties and their agents ad litem in this case have attended the court (please explain if they are absent) and are ready to ask the presiding judge to open the court. Official court activities. 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 plaintiff (defendant and 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 may 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. The third party without independent claim refuses to appear in court after being summoned by our court without justifiable reasons] 1 1. Presiding Judge: The First Division of Civil Affairs of the People's Court of Jinqu County held a court session in the Third Division of our hospital according to the provisions of Article 120 of the Civil Procedure Law of People's Republic of China (PRC) (or not). (If the trial is not held in public, the reasons shall be explained) 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 Judge XXX and Judge 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. Under any of the following circumstances, persons 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. Did you hear clearly the litigation rights, obligations and litigation order just explained by the presiding judge? Did you apply to drop out of school? There are also many civil lawsuits that cannot be filed. If the plaintiff is not suitable, there is no clear defendant, there are no specific claims, facts and reasons, and it does not fall within the jurisdiction of the people's courts, these courts will reject it and cannot file a case. In short, there must be enough evidence, and then go to court to file a case.