The defense is a document that the defendant (person), counterclaim, appellee and respondent (defendant) reply and refute the contents of the complaint, counterclaim, appeal and application for retrial (lawsuit) within the statutory time limit, and it is one of the most frequently used languages in the complaint. But the plaintiff did not plead, but the defendant filed a defense against the plaintiff's lawsuit.
Civil pleadings are put forward in two situations: first, after the plaintiff filed a lawsuit in the people's court of first instance, the defendant filed a pleadings on the indictment (indictment). Second, after the case was tried by the people's court of first instance, one party refused to accept it and appealed, and the appellee pleaded against the appeal. After receiving the plaintiff's complaint and appeal, the people's court shall serve a copy on the defendant or the appellee within the prescribed time limit, and the defendant or the appellee shall file a reply within the statutory time limit.
The writing format of the defense:
1, title. The title indicates "criminal (or civil) defense" and "criminal (or civil) appeal defense". The former is the defense of the first-instance case, and the latter is the defense of the appeal case.
2. The basic information of the person under investigation. The party column directly lists the basic information of the respondent.
If the defendant is a citizen, the name, sex, age, nationality, native place, occupation and address of the respondent shall be listed. If there is an agent, write the agent next to the other line, and indicate whether it is the legal agent, the designated agent or the entrusted agent, and indicate the name, gender, age, nationality, place of origin, occupation and address. If it is a legal agent, it is also necessary to explain the relationship with the respondent. If an agent is entrusted, the name and position of the agent only need to be stated.
If the defendant is an enterprise, institution or organization (legal person), the full name and location of the respondent and its unit shall be listed first. Write the legal representative of the unit and his name and position on another line. On a new line, list the entrusted agent, his name and position.
The situation of the other party does not need to be listed separately. You can explain who the prosecutor and appellant are in the following defense reasons, and what is the cause of prosecution or appeal.
3. State the reasons for your reply. The defense of the first instance case and the defense of the appeal case are written in different ways. The explanation is as follows: the respondent of the first-instance case is the defendant, and the specific wording of the defense is: "Because of the case of ×× (cause of action), I hereby submit the defense as follows. The respondent of the appeal case is the appellee, and the specific content of the defense is: "Appellant ××× (name) refuses to accept the judgment (or ruling) of the people's court.
The defense reason is the main part of the defense, and there is no uniform provision on its writing. You must defend the facts and reasons put forward by the plaintiff in the complaint or the appeal request and reasons put forward by the appellant in the appeal. You can put forward the opposite facts, evidence and reasons to prove that your reasons and opinions are correct and your demands are reasonable.
The following contents shall be stated in the tail and appendix:
(1) submitted to the authorities. Written as "Hereby" and "XX People's Court".
(2) written in the lower right. The respondent ××× (signature or seal) and indicate the year, month and day.
③ Appendix. Indicate the names and quantities of exhibits and documentary evidence.