After the second instance is remanded for retrial, if the collegial panel considers it unnecessary to hold a trial, it may not hold a trial. In general, it is necessary to inform the parties and other participants in the proceedings of the time and place of the hearing 3 days before the hearing.
The agency fees for cases of second instance are as follows:
1. For cases that do not represent the first instance but only represent the second instance, the agency fee is charged according to the standard of the first instance, and other handling fees remain unchanged;
2. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
3. For the case sent back for retrial in the second instance, the agency fee is charged at half of the second instance fee, and other handling fees remain unchanged.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 41 In trying civil cases of second instance, the people's court consists of a collegial panel of judges. The number of members of the collegial panel must be odd.
When an intermediate people's court tries a civil case of second instance with clear facts and clear rights and obligations, it may be tried by a single judge with the consent of both parties.
For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance.
If the retrial case originally belonged to the first instance, a collegial panel shall be formed separately in accordance with the procedure of first instance; If it was originally a case of second instance or brought a lawsuit to a higher people's court, a collegial panel shall be formed separately in accordance with the procedure of second instance. Article 173 An appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or agents.
If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days. Article 175 The people's court of second instance shall examine the relevant facts of the appeal request and the applicable law. Article 176 The people's court of second instance shall hold a hearing to hear an appeal case. If the people's court does not present new facts, evidence or reasons after reading papers, investigating and questioning the parties, and considers it unnecessary to hold a hearing, it may not hold a hearing.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.