1. The agency of the same law firm will be charged by half;
2. If you do not represent a case of first instance but only a case of second instance, the agency fee will be charged according to the standard of first instance, and other handling fees will remain unchanged;
3. 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;
4. Acting as an agent for a 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.
Can some parties in the second instance of civil litigation appeal?
The appeal trial of civil litigation is the final procedure, so the parties can't appeal after the final judgment, but if they are really wrong, they can appeal according to law and try to file a retrial. There is no time limit for appeal, but the appeal cannot affect the execution of the case, that is, you should also fulfill your legal obligations stipulated in the judgment while appealing.
Article 178 of the Civil Procedure Law stipulates that if a party thinks that a legally effective judgment or ruling is wrong, it may apply to the people's court at the next higher level for retrial, but the execution of the judgment or ruling will not be stopped.
Appeal procedure of second instance of traffic accident
Appeal to the court undertaker and pay the appeal fee according to the regulations. Within 5 days, the court will send a copy of the appeal to the other party, and the other party will conduct a second trial within 15 days to defend the original judgment and revise the judgment. After retrial, the parties automatically perform the obligations determined in the judgment documents or apply to our hospital for execution. If you are not satisfied, you will apply to the people's court at the next higher level for retrial. If a party who files a case in the second instance refuses to accept the judgment or ruling of the court of first instance, he shall appeal to the court of first instance or the people's court.
The court of second instance examines the appeal materials and files transferred by the court of first instance, and if they meet the requirements, makes a ruling on the exchange of evidence to appeal; And inform the court to make a ruling on the appeal directly after the review (the facts of the case are basically clear, and there is no need to hold a court session, but it is necessary to talk to both parties); Inform the parties of the time and place of the public hearing and the case undertaker three days in advance, announce the transfer to the trial court for 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 from the court investigation: the parties state the facts of the case, give evidence and cross-examine: inform the witnesses of their rights and obligations, testify, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The parties express their opinions on the evidence materials. Court debate: the parties debate and demonstrate court mediation on controversial facts and legal issues.
Under the auspices of the court, the two sides agreed to settle, and the collegial panel made a collegial decision to uphold the original judgment and sent it back for retrial. The parties automatically perform their obligations stipulated in the judgment documents or apply to the court of first instance for execution, submit written appeal materials to the court of second instance for retrial and reach a mediation agreement to make a mediation agreement, which will take effect after both parties sign it.
How long does it take to hear the appeal in the second instance of criminal cases?
There is no provision for how long the court session will normally last after the appeal of the second instance, but the trial period is stipulated.
The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
Legal basis:
Article 237 of the Criminal Procedure Law of People's Republic of China (PRC) The people's court of second instance shall not aggravate the defendant's punishment when hearing the case appealed by the defendant, his legal representative, defender or close relatives. The people's court of second instance shall not increase the punishment of the defendant unless there are new criminal facts, and the people's procuratorate shall make supplementary prosecution. Where a people's procuratorate lodges a protest or a private prosecutor lodges an appeal, it shall not be restricted by the provisions of the preceding paragraph.