If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as: the original and photocopy of resident ID card, residence booklet, passport, Hong Kong and Macao compatriots' home visit certificate, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
Six, after the completion of the filing procedures, the case shall be arranged by the court, and the parties shall obey the work arrangement of the court, and settle the litigation costs in the financial room after the case is closed.
Matters needing attention as a party
1, you should pay the litigation fee according to the regulations;
2. You should provide accurate service address and contact information to the court;
3. You should provide evidence to the court within the prescribed time limit;
4. You should attend court proceedings on time;
5. You should obey the command of the court and abide by the litigation order;
6. You should perform the legally effective judgments, rulings and conciliation statements;
7. Other obligations stipulated by laws and regulations.
Extended data:
The procedure of first instance in civil litigation?
1, sue, that is, file a complaint with a court with jurisdiction. ?
2. filing a case for review?
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible. ?
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days. ?
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution?
3. Do you arrange a court session?
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance. ?
4. trial?
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal. ?
Court investigation: the parties state the facts of the case. ?
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials. ?
Court debate: the two sides debate and demonstrate controversial facts and legal issues. ?
Court mediation: Under the auspices of the court, both parties agreed to settle the dispute. ?
If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling). ?
5. sentences?
If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution; If there is disagreement with the referee, it needs to be treated differently according to the situation:
Ruling: appeal to the higher people's court within 10 days from the date of service; ?
Judgment: Appeal to the Higher People's Court within 15 days from the date of service. ?
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Baidu encyclopedia-civil procedure law
Chifeng Intermediate People's Court-Notes on Civil Litigation