1. The plaintiff must first state his identity information and whether to apply to the judge for withdrawal;
2. In the court investigation stage, the plaintiff needs to read out his complaint and state whether there are supplementary facts and reasons; The plaintiff also needs to provide evidence and explain the purpose of each piece of evidence. For the evidence of the defendant, the plaintiff needs to cross-examine;
The plaintiff also needs to answer the questions raised by the judge, and finally needs the plaintiff to defend himself. The plaintiff's claim or the other party's claim should be recognized, and the plaintiff should give legal reasons to refute the other party's legal reasons, so as to determine the basic direction of the trial, and the plaintiff should also debate the probative ability and probative force of the evidence. Before the trial, the plaintiff should make a good preparation for the statement, including the complaint materials, the attachments and originals of the evidence, the list of witnesses who applied to appear in court and their ID cards, the written opinions on the case, similar to the proxy statement, the nature of the case, the reasons for the litigation request, etc. Trial is the core stage of court trial procedure. The trial procedure can be divided into pre-trial preparation, trial and execution of effective judgment.
Criminal Procedure Law of the People's Republic of China
Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing. Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions. After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session. The above activities shall be recorded in the record and signed by the judges and the clerk.
Article 191 After the public prosecutor reads out the indictment in court, the defendant and the victim may make statements about the crimes charged in the indictment, and the public prosecutor may interrogate the defendant. The victim, plaintiff, defender and agent ad litem of an incidental civil action may, with the permission of the presiding judge, put questions to the defendant. The judge can interrogate the defendant.
What materials does the plaintiff need to prepare before the trial?
The materials that the plaintiff needs to prepare before the trial:
1. Attend the proceedings on time according to the time specified in the summons;
2. Bring my ID card and complaint and other litigation documents;
3. Bring the originals of all the evidence. If a witness testifies in court, let the witness come to court in person and bring his ID card;
4. Check the court records during the court session;
5. If the court presides over mediation, mediation needs to have a minimum bottom line. If only the plaintiff can't be present at the court session, he can apply for an extension of the trial with justifiable reasons, and if there is no justifiable reason, he can be dismissed, and the defendant counterclaims by default.