How to deal with the lawyer's fee of the losing party in civil litigation
I think many people will have questions. The following is organized by 365 lawyers.
1. The litigation costs shall be borne by the losing party;
1. The litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party.
2. If the case is partially won or partially lost, the court shall decide the amount of litigation costs borne by each party according to the specific circumstances of the case.
3. If * * * loses the case with the litigant, the court will decide the amount of litigation costs borne by the litigant according to its interest in the litigation object.
two. Other circumstances of the burden of litigation costs:
If the court of second instance changes the judgment or ruling made by the court of first instance, it shall correspondingly change the decision of the court of first instance on the burden of litigation costs.
2. The legal fees for closing the case through court mediation shall be borne by the case reached through mediation by the people's court, and the burden of legal fees shall be settled by both parties through consultation; If negotiation fails, it shall be decided by the court.
3. Burden of retrial legal fees.
(1) For retrial cases that should pay the case acceptance fee according to the trial supervision procedure of civil litigation or administrative litigation, the litigation fee shall be borne by the party applying for retrial.
(2) If both parties apply for retrial, the litigation costs shall be borne by the losing party.
(3) The burden of litigation costs in the original trial shall be re-determined by the people's court according to the principle of litigation costs burden.
4. Burden of litigation costs in divorce cases shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.
5. Burden of legal fees for withdrawing the lawsuit
(1) If the plaintiff or appellant applies for withdrawing the lawsuit in a civil case and the court decides to allow it, the fees for accepting the case shall be borne by the plaintiff or appellant.
(2) If the defendant changes or cancels a specific administrative act in an administrative case, the plaintiff applies for withdrawing the lawsuit and the court decides to allow it, the case acceptance fee shall be borne by the defendant.
6. Reduce the burden of litigation costs. After investigation by the court, if a party proposes to reduce the amount of the claim, the case acceptance fee for reducing the amount of the claim shall be borne by the party who changes the claim.
7. Burden of legal fees for supervision procedures If the debtor does not object to the supervision procedures, the application fee shall be borne by the debtor. If the debtor raises an objection to the supervision procedure, which leads to the termination of the supervision procedure, the application fee shall be borne by the applicant; If the applicant files a lawsuit alone, the application fee may be included in the litigation request.
8. The burden of legal fees for public summons shall be borne by the applicant.
9. Burden of legal fees for application for execution
(1) The application fee shall be borne by the person subjected to execution.
(2) If the parties reach a settlement agreement during the execution, the burden of the application fee shall be settled by both parties through consultation; If negotiation fails, it shall be decided by the court.
1. The application fee for applying for preservation shall be borne by the applicant. If the applicant files a lawsuit, the application fee may be included in the litigation request.
11. The court shall bear the legal fees for applying for cancellation of the arbitration award or confirmation of the validity of the arbitration agreement, and the burden of the application fee shall be determined according to the provisions that whoever loses the case shall bear it.
12. Burden of legal expenses in maritime cases:
The relevant litigation expenses in maritime cases shall be borne in accordance with the following provisions:
(1) Where an application for maritime claim preservation or maritime injunction is filed before litigation, the application fee shall be borne by the applicant; If the applicant brings a lawsuit against the maritime claim, the above expenses may be included in the lawsuit claim;
(2) Where an application for maritime evidence preservation is made before litigation, the application fee shall be borne by the applicant;
(3) The reasonable expenses incurred in auctioning or selling the seized ship, cargo on board, marine fuel and marine materials in litigation shall be paid by the applicant in advance, deducted from the auction or sale price in advance and returned to the applicant;
(4) the application fee for applying for the establishment of a limitation fund for maritime claims, the registration and settlement of creditor's rights, and the application for a notice of maritime lien shall be borne by the applicant;
(5) The applicant shall bear the expenses for the announcement in the procedure of establishing the limitation fund for maritime claims liability and the notice of maritime liens.
13. The litigation expenses of special procedures shall be borne by the public prosecutor or the applicant.
14. If the litigation costs of property cases are borne by applying to the court for bankruptcy according to law, they shall be paid from the bankruptcy property according to relevant laws.
15. Burden of increased litigation costs If the parties fail to provide evidence within the time limit for adducing evidence due to their own reasons and present new evidence during the second trial or retrial, the increased litigation costs shall be borne by the parties.
At present, the legal profession's commitment to legal fees has not been finalized, so it has also become a problem that puzzles people. How to hire a lawyer, under what circumstances and at what cost, and the lawyer's fee of the losing party in civil litigation. Things always happen suddenly in life, so a moment of panic may lead to bad results. Therefore, I hope everyone will read it carefully, combine relevant legal knowledge, handle things calmly and tide over the difficulties smoothly.