1. When the applicant for retrial applies for retrial, the applicant shall submit an application for retrial in accordance with the provisions of the preceding article and the corresponding materials, as follows:
(1) If the applicant for retrial is a natural person, he or she shall submit a copy of his or her identity certificate;
(2) If the applicant for retrial is a legal person or other organization, he or she shall submit a copy of his or her business license, certificate of identity of the legal representative or principal person in charge;
(3) if the applicant entrusts another person to apply on behalf of the applicant, a letter of authorization and proof of identity of the agent shall be submitted;
(4) the original of the effective decision of the applicant for re-trial, or a copy of the certified true copy;
(5) if the effective decision is a decision of the second instance or a re-trial decision, the original of the decision of the first instance or the second instance shall be submitted at the same time
(6) Copies of the main evidence submitted during the proceedings of the original trial;
(7) Evidentiary materials in support of the subject matter of the application for retrial and the claims for retrial;
2. The people's court accepts the application for retrial;
3. The people's court examines the case, and may convene a hearing to listen to the two parties' statements;
4. The people's court makes a ruling on whether or not to retry the case;
5. The people's court makes a ruling on retrial and then retries the case in accordance with the law.
The conditions for applying for retrial are as follows:
1. The subject of the application for retrial must be lawful, and those who have the right to apply for retrial are the parties in the original trial, i.e., the plaintiff, the defendant, the third party with an independent right to claim, and the third party without an independent right to claim who is adjudged to be liable for the obligation, as well as the appellant and appellee;
2. The subject of the application for retrial is the case in which the Judgments, rulings and conciliations that have become legally effective and for which an application for retrial may be made include judgments made by local people's courts at various levels as courts of first instance that are appealable in accordance with the law but the parties concerned have not lodged any appeals within the statutory period, final judgments made by the people's courts of second instance, and judgments made by the Supreme People's Court at the first instance;
3. When the parties concerned apply for a retrial in a case for which a decision of a people's court has already come into effect
In summary, the parties have objections to the judgment results of the case can apply for retrial, submit the appropriate application materials, the court will be based on the materials submitted to decide whether to accept.
Legal basis:
Article 205 of the Chinese People's **** and National Civil Procedure Law
The president of the people's courts at all levels of the judgments, rulings, and conciliations that have come into force in the courts and which have been found to be erroneous, and which need to be reexamined, shall submit them to the trial committee for discussion and decision.
The Supreme People's Court shall have the right to bring to trial or direct a lower people's court to retry a judgment, ruling, or conciliation that has become legally effective at a local people's court at various levels, and a higher people's court shall have the right to bring to trial or direct a lower people's court to retry a judgment, ruling, or conciliation that has become legally effective at a lower people's court if it finds that there is a genuine error.