What preparations should be made before litigation?
1. Pay attention to collecting evidence
Civil litigation follows the principle of who claims and who gives evidence. If creditors cannot prove their claims, they will bear adverse legal consequences. In debt disputes, creditors must collect evidence that can illustrate the relationship between creditor and debt, such as agreements, contracts, delivery orders, bills of lading, telephone recordings, etc. For evidence that cannot be collected by oneself due to objective reasons, one can promptly apply to the People's Court for investigation and collection. In addition, attention should be paid to collecting evidence in a timely manner and generally submitting it to the people's court within the time limit for producing evidence. Otherwise, the other party may have exceeded the time limit for producing evidence and will not cross-examine.
2. The statute of limitations cannot be ignored.
The statute of limitations is very important in delinquency disputes. Creditors who do not claim their rights within the time limit specified by law will lose the chance of winning the lawsuit. According to the relevant provisions of Chinese law, the statute of limitations for such disputes is generally 3 years. Generally speaking, the starting point of the specific limitation period is the date when the right holder knows that the right has been infringed.
The materials that the plaintiff must prepare before the trial include: complaint, attachments and originals of evidence, list of witnesses applying to appear in court and their ID cards, written opinions on the case (similar to agency statements), nature of the case, Reasons for litigation claims, etc. As a plaintiff, the most important thing is to prepare evidence and bring the original documents to court. During the court session, the presiding judge shall check the parties, litigation agents, and third parties, announce the composition of the collegial panel, and inform the parties of their litigation rights and obligations.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 2 of the "Detention Center Regulations"
Detention centers are institutions that hold criminals who have been arrested or under criminal detention in accordance with the law.
Criminals who have been sentenced to fixed-term imprisonment of less than one year, or criminals whose remaining sentence does not exceed one year, may also be supervised by a detention center.
Article 11
For criminals detained in detention centers, their persons and belongings shall be strictly inspected. When non-daily necessities are released from prison or transferred to a prison or reform-through-labor facility, they must be registered in a register, kept on their behalf, and returned after inventory. Prohibited items shall be confiscated. When criminal evidence or suspicious items are discovered, a record must be made on the spot, signed and fingerprinted by the criminal, and submitted to the competent authority for processing.
Article 24
Prisoners should bring their own clothing and bedding. If you cannot bring your own, the detention center will provide it.