Legal analysis
1. Litigation in its own name. Those who participate in litigation in the name of others are agents ad litem, not parties.
2. If you have a direct interest in this case, that is, you participate in litigation for your own civil rights and interests, the civil rights and interests protected by the court belong to your own management and control.
Personal recommendation
If you don't know the procedure of litigation, I personally suggest that you consult the relevant lawyer. In the process of litigation, you can choose not to hire a lawyer, but you can consult a lawyer in advance about the litigation process. Because the lawsuit needs to find the right door, and you also need to clarify various laws and regulations. For us ordinary people, it is still difficult for individuals to go through the proceedings. The cost of hiring a lawyer is not as high as most people think, which depends on the difficulty of the case and the lawyer's personal business ability.
legal ground
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.