The legal basis of the lawyer's investigation order is stipulated in Article 18 of the Supreme People's Court's Several Provisions on Evidence in Civil Proceedings. The parties and their agents ad litem shall submit a written application to the people's court for investigation and evidence collection. In addition, the application for a lawyer's investigation order shall specify the basic information of the parties, the name of the applicant, the law firm and its practice license number, the respondents, the requested matters, facts and reasons, and finally be signed by the applicant, indicating the application time, and sent to the people's court of * * District of * * City.
1. What is the legal basis for the lawyer's investigation order?
The legal basis of the lawyer's investigation order is:
1. Article 64 of the Civil Procedure Law stipulates that the parties have the responsibility to provide evidence for their claims.
The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case.
2 "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation" Article 18 The parties and their agents ad litem shall submit a written application to the people's court for investigation and collection of evidence.
The application shall state the name, unit name, domicile and other basic information of the person under investigation, the contents of evidence to be investigated and collected, the reasons to be investigated and collected by the people's court and the facts to be proved.
Article 19 the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence seven days before the expiration of the time limit for adducing evidence.
4. When the people's court rejects the application of the parties and their agents ad litem, it shall serve a notice on the parties and their agents ad litem.
The parties and their agents ad litem may, within three days from the day after receiving the notice, apply in writing to the people's court that accepted the application for reconsideration.
The people's court shall make a reply within five days from the date of receiving the application for reconsideration.
The above content is the legal basis of the lawyer's investigation order I collected for you.
Second, the lawyer's application for investigation order
Apply for a lawyer's investigation order
Party: Gao * *, male, Han nationality, born on March * of 19**, Han nationality, living in Anyang * * * *, ID number: 41052 * * *, and telephone number: 187 * *.
Applicant: Chang *, lawyer of Henan * * * Law Firm, with practice certificateNo.:14105201511* *.
Respondent: No.2 Brigade of Accident Handling of Traffic Management Detachment of Anyang Public Security Bureau.
Request: Because the defendant Gao * * and the plaintiff Wang * * are unable to collect evidence by themselves due to objective reasons, we now request your hospital to issue a lawyer's power of attorney. The applicant holds the lawyer's power of attorney to collect the following evidence materials from the Second Brigade of the Traffic Management Detachment of Anyang Public Security Bureau:
On June 23, 2020 10, Gao * * and Wang * * asked about the file materials such as traffic accidents.
Facts and reasons:
Your hospital has accepted the dispute (cause of action) between Gao * * and Wang * * about motor vehicle road traffic accidents. In order to safeguard the defendant's legitimate rights and interests, we hereby apply to your hospital for obtaining the traffic accident record of Gao * * and Wang * * on October 23rd, 2020.
I am here to convey
Anyang longan district people's court
Applicant: —————
Henan Xindadi lawyer office
March 23(rd), 2022
Third, the lawyer's business scope
Article 25 of China's Lawyers Law clearly stipulates the content and scope of legal services provided by lawyers to the society:
(a) Acting as a legal adviser;
(2) Acting as an agent ad litem;
(3) Being a criminal defender;
(4) Acting as a non-litigation agent and participating in mediation and arbitration;
(5) Answering legal advice and writing legal documents, etc. In order to safeguard the legitimate rights and interests of the parties and the correct implementation of the law.