How to apply to the Higher Court for retrial

According to the provisions of the Supreme People's Court's Several Opinions on Accepting and Examining Cases of Civil Applications for Retrial, a party or an outsider who is dissatisfied with the court's effective decision and seeks to have the matter reopened before a higher court shall, instead of writing a statement of claim, submit an application for retrial, and a copy of the application for retrial, in accordance with the number of the respondent and the other parties to the original trial. In addition, the applicant for retrial shall submit the following materials:

(a) If the applicant for retrial is a natural person, he shall submit a copy of his identification; if the applicant for retrial is a legal person or other organization, he shall submit a copy of his business license and a certificate of identity of his legal representative or principal officer. If another person is entrusted to apply on behalf of the applicant, a letter of authorization and proof of identity of the agent shall be submitted;

(b) the original of the effective decision of the application for retrial, or a certified copy; if the effective decision is a decision of the second trial or retrial, the original of the decision of the first trial or second trial, or a certified copy of the decision shall be submitted at the same time;

(d) a copy of the main evidence submitted in the course of the proceedings of the original trial.

(3) a copy of the main evidence submitted in the original trial proceedings;

(4) evidence in support of the reasons for the application for retrial and the request for retrial.

When the applicant for retrial submits the application for retrial, the applicant shall submit a list of materials in duplicate, and may attach an electronic copy of the materials of the application for retrial, and fill in the confirmation of the address for service.

The application for retrial shall set out the following matters:

(a) the basic situation of the applicant for retrial, the respondent and other parties to the original trial. If the party is a natural person, the name, gender, age, nationality, occupation, work unit, residence and effective contact telephone number, postal address; the party is a legal person or other organization, the name, residence and legal representative or principal person in charge of the name, position and effective contact telephone number, postal address;

(b) the name of the court of first instance, the original judgment, decision, conciliation instrument Case number;

(D) the legal reasons for the application for retrial and the specific facts and reasons;

(E) the name of the court accepting the application for retrial;

(F) the signature or seal of the person applying for retrial.