Need to submit: 1 original indictment, and submit the number of copies according to the number of opponents. (that is, if there are several opponents, submit several copies, and then add 1 in court. )
2. Materials to prove the identity of the parties.
Need to submit: 1 copy of ID card. Without an ID card, you can also submit a copy of temporary id card and a copy of your household registration book.
If you have a copy of the other party's ID card or household registration book, you can also submit it together. If not, if there is the name and address of the other party, it can be stated in the complaint.
3. Basic evidence to prove your claim.
Need to submit: 1 piece of evidence, depending on the specific case. For example, divorce cases should provide copies of marriage certificates, and debt cases should provide copies of IOUs and IOUs. The original is usually submitted at the trial.
4. Authorization procedure.
If an attorney is entrusted, 1 power of attorney and 1 official letter from the law firm are required.
If a non-lawyer is entrusted as an agent, it is required to submit: power of attorney 1 copy, client's ID card 1 copy.
Of course, in any case, the parties can handle it by themselves, and there is no need to entrust an agent.
First, legal persons (units) should submit materials when suing.
1. The original indictment was 1 copy, and the number of copies was submitted according to the number of opponents. Pay attention to the official seal, signed by the legal representative.
(Same as the requirement for natural person to sue)
2. 1 copy of business license.
Used to prove the subject qualification of the parties. (The function is the same as the copy of personal ID card. )
3. 1 copy of the certificate of the legal representative (person in charge), which shall be issued by the unit and stamped with the official seal.
1 Copy of ID card of legal representative.
4. Basic evidence to prove the claim.
Due to different cases, the evidence submitted is also different. Basic evidence is enough, you don't need to submit it all. (Other requirements for prosecuting natural persons)
5. Authorization procedure.
If yes, submit it; If there is no entrustment, it will not be submitted. (Other requirements for prosecuting natural persons)
Matters needing attention
The complaint should be signed or fingerprinted. The unit shall be stamped with the official seal and signed by the legal representative.
Generally, only copies of materials can be submitted. If the court staff asks for the original, pay attention to asking for the evidence receipt.
A copy of the ID card generally requires both sides to be copied on a piece of paper at the same time.
The page format of the materials collected by the court requires A4 printing paper size. If it is smaller than A4 paper, paste it on blank A4 paper. If it is larger than A4 paper, it should be folded and pasted on A4 paper, but it cannot affect the opening.
Two. Who can entrust a criminal defense lawyer?
1, the suspect or the defendant himself;
2. Legal representatives of criminal suspects and defendants; ("Legal representative" refers to the client's parents, adoptive parents, guardians and representatives of the organs and organizations responsible for protection);
3. Close relatives of criminal suspects and defendants; ("Close relatives" refer to husbands, wives, fathers, mothers, sons, daughters, brothers and sisters. );
4. The person entrusted by the criminal suspect or defendant;
5. Designated by the people's court.
Third, the issue of fees.
1. Considerations in determining the charging standard:
(1) Number of lawyers required to handle entrusted matters;
(2) Working hours required for handling entrusted matters;
(3) Risks and responsibilities that may be undertaken in handling legal affairs;
(four) the complexity of the entrusted matters;
(5) The value involved in the entrusted matters;
(six) the results of handling the entrusted matters;
7) Reasonable cost;
(8) the client's affordability;
(9) The lawyer's professional skills, social popularity and working experience;
(10) Fees charged by other law firms for handling similar entrusted matters.
2. The style of the bill.
When the client pays the lawyer's fee, he should ask the law firm for legal invoices and related bills.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 33 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.