Specifically, you need to do the following:
First of all, be prepared before prosecution.
1. Complaint and evidence: Without evidence, you may not even pass the court's filing court, let alone win the case. So, the first thing you have to do is to collect evidence. What is evidence material? All the materials that can prove the facts of the case are. Of course, you have to distinguish whether these materials are legally beneficial to you. If you are not sure, you can ask a lawyer to help you choose. After you have the evidence, you need to complain. The writing of the complaint is very knowledgeable, so it is recommended to ask a professional lawyer to write it for you.
2. Legal fees: The fees charged by the court are basically calculated according to the amount of the subject matter of the dispute. The bigger the object of dispute, the higher the legal costs.
3. Get a lawyer: You can decide whether to get a lawyer or not. The disadvantage of hiring a lawyer is that it costs money, but other than that, it's basically good.
4. Patience: It takes patience to go to court. If a civil case is an ordinary procedure, the trial period is six months; if it is a summary procedure, the trial period is three months. In the course of this trial, if there is any appraisal, announcement or suspension of the case, it will be postponed again. Therefore, a lawsuit is as short as three to five months and as long as one or two years. So you must be patient.
Second, the trial process of the case in the court
1. Prosecution: Prosecution is to submit a complaint and basic evidential materials to the court filing chamber for the court to accept. The court will examine your materials. If it thinks that the submitted materials meet the statutory conditions for filing a case, it will accept your materials and send you a notice of accepting the case. You take this notice to pay the lawyer's fee. After paying the fee, the case will be formally accepted. You can go to the next step.
2. Proof: It is to submit evidence materials to the court within a certain period of time. After the court accepts the case again, it will send you a notice of proof, which will specify the time limit for proof. All evidential materials must be submitted to the court within this time limit. Beyond this time limit, the court will not accept it. Wait until all the evidence is submitted, and then wait for the trial.
3. Opening the court: The court will issue you a summons for opening the court, which will indicate the date, time and court. Don't be late for the trial, because if you meet a bad-tempered judge, he may not even let you in if you are late.
4. Judgment: The court's judgment is basically in three forms, supporting all the plaintiff's claims; Support part of the plaintiff's claims; Reject the plaintiff's claim. After the judgment is obtained, it takes 15 days for civil proceedings and 10 days for criminal proceedings to decide whether to appeal to a higher court.
5. Execution: If the court decides that you win the case, the other party is unwilling to take the initiative to fulfill the obligations determined by the judgment. Then you can submit an application for enforcement to the court with the judgment and ask the court to enforce it. If the other party voluntarily performs the obligations in the judgment, then the case is over.
Extended data
At present, it is a situation to hire a lawyer in this era, and there is this reason.
1. Lawyers are professionals after all. After all, they know the law better than we do. Of course, unless you are a lawyer yourself, they are more competent to defend you.
2, now all require legal justice, if there is no lawyer (this is generally for criminal cases), there is a suspicion that the judiciary is not open and unfair. There is a saying: "You have the right to remain silent, and you have the right to call your lawyer as a witness."
As I said above, this is already a situation. The court will usually ask you to hire a lawyer. Of course, civil cases are not that serious. What we are pursuing now is a harmonious society, so now civil cases emphasize mediation more.
References:
Baidu encyclopedia-lawyer