I'm confused.
Although I have made a copy of the complaint written by the old lawyer before, I am still confused.
One year after I got my lawyer's license, I was admitted to the court and became an assistant judge. I read 300 complaints a year, and when I was a lawyer, the questions about complaints were gradually answered.
1. Do you want to write a contact number?
Answer: If you want to write, you must write, for the convenience of delivery.
When I was a lawyer, I once complained about the basic information of the original defendant and asked the old lawyer who took me if he wanted to write his phone number. The answer she gave me was yes or no, but after a year in court, I think this answer is wrong. Please write, both the original defendant and the defendant should write.
When a judge gets a case, the first thing to do is to serve the lawsuit. If there is no telephone, the judge will look puzzled, and then look for your power of attorney or the confirmation of service address filled out by the plaintiff, call the plaintiff and ask the plaintiff to provide the defendant's telephone number. There's another program. Do you think judges are boring?
The advantage of writing a phone call is that the judge will contact the defendant first when he sees the phone call. If the defendant is inexperienced or bluffing, or has a positive attitude towards solving the problem, he will go through the formalities of responding to the lawsuit himself. Then the judge won't call you and ask you to take him to find someone. Everyone will save trouble and be happy.
It doesn't matter if the defendant doesn't come. As long as the phone is connected, the judge can write a mailing list and mail it to the other party. If the other party receives and delivers it, the judge will not have a headache because of delivery, nor will he bother you because of delivery. Happy.
However, the role of writing a phone only ends there.
If he still doesn't answer, the judge will still trouble the plaintiff to take him to someone, or make a record and announce it locally.
2. Do you want to write the cause of action?
A: It depends. Generally don't need to write, when the case belongs to special circumstances need to write.
The cause of action is becoming less and less common in the current complaint and is basically unknown. I don't think it's necessary to write in general.
Because of the different burden of proof, we should carefully choose the basic legal relationship.
The Supreme People's Court stipulated in the Summary of the Symposium on Economic Trials Involving Foreign Affairs, Hong Kong and Macao in Coastal Areas: "A legal fact or legal act can sometimes produce two legal relationships at the same time. The most common is that the relationship between creditor's rights and property rights coexist, or the defendant's behavior constitutes both breach of contract and civil tort. The plaintiff can choose which is beneficial to him, and the court with jurisdiction should not refuse to accept it on the grounds that there are other causes of action. However, a party may not file a lawsuit with two different causes of action on the same legal fact or legal act. "
Therefore, it is suggested that the cause of action should be stated in both cases, or the law on which it is based should be stated at the back of the complaint, so as to facilitate the court to determine the cause of action.
3. Does the complaint need to be detailed?
A: No, just state the basic situation.
When I first became a lawyer, I was disgusted that it was too simple to bring a lawyer to write a complaint. A case of private lending stated the facts in two sentences. Later, with experience, I found that the advantage of writing like this was that I didn't give the defendant too much information.
Because in practice, there is often no such link as exchanging evidence before the trial, and the trial is actual combat.
It's often the first time you see each other's evidence in court. You know the purpose of proof. Your complaint is too detailed and your card is too thorough. Many times, it's not good.
But not too simple, concise, write the backbone, details can be omitted.
4. The format of the complaint.
Plaintiff: Zhang San, male, born in 1999 1 year 1 October1day, Han nationality, living in. XX, a primary school in XX District, XXX City, ID number XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX, telephone number1165438.
Defendant Li Si, male, born in June 65438+June 0999+10/October 1 day, Han nationality, lives in. XX Primary School, XX District, XXX City, ID number XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX222222222222222222
Claim: 1. The defendant was ordered to repay the plaintiff's loan of XX million yuan with interest of XX million yuan (2% per month, calculated from 20 18 1 to 20 19 1, and the interest will be calculated separately thereafter);
The legal costs of this case shall be borne by the defendant.
Facts and reasons:
xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
I am here to convey
XX people's court
Shaping people:
date month year
It's best to leave some time free, because it is difficult for some courts to file a case now, and it may not be possible to file a case once or twice. It's not too late to write when it's your turn.
5. What you need to bring when you finish writing the complaint.
If the plaintiff follows: complaint (number of defendants+1), copy of basic evidence, original and copy of plaintiff's ID card, power of attorney, official letter, copy of lawyer's practice license and abundant bank cards.
If the plaintiff fails to follow: complaint (number of defendants+1), copy of basic evidence, copy of plaintiff's ID card, power of attorney, official letter, copy of lawyer's practice license, and rich bank card.
These are my doubts about the complaint when I was a lawyer. Welcome to supplement communication ~
As a newcomer to the law, we welcome your advice and common progress.