What processes are included in the initial stage of the first instance of civil litigation?
1, declare the parties and their agents ad litem to appear in court.
(1) Whether the plaintiff * * and the agent ad litem are present in court, please be seated in court.
(2) Whether the defendant * * * and the agent ad litem are present in court, please be seated in court.
2, check the identity of the participants in the proceedings.
Clerk: Check the identity and agency authority of the participants in the proceedings.
(a) check the original, the defendant, the original and the defendant's agent and the agency authority. Inquire about the name, date of birth, nationality, occupation, work unit, home address or plaintiff's unit name, address, legal representative's name, position, original and defendant's entrusted agent's name, work unit, position, original and defendant's relationship, home address or entrusted agent's name, lawyer's certificate issued by the work unit, and the agency authority of the entrusted agent.
(2) Check the third party and the agents entrusted by the third party. (same as above)
(3) Checking the identities of the appraisers and inspectors. (omitted)
3. Declare court discipline.
Clerk: We hereby declare the court discipline. All participants and observers in the proceedings must observe the following disciplines:
(1) No recording, video recording or photography is allowed without permission. (If there is permission for video recording, it shall be announced: * * TV reporters and newspaper reporters are allowed to record, video record and take photos with the permission of the court. )
(two) during the trial, it is not allowed to start at will, and the observers are not allowed to enter the trial area.
(3) Do not clap, make noise, make noise or commit other acts that hinder judicial activities.
(4) Pagers, mobile phones and walkie-talkies shall not be used, and those with pagers, mobile phones and walkie-talkies shall be turned off immediately.
(5) Do not speak or ask questions without the permission of the court.
(6) Smoking and spitting are prohibited.
(7) If you have any opinions on the trial activities of the court, you can submit them in writing to the people's court after the court is adjourned.
(8) The people's court may admonish, order to leave the court, impose a fine or detain a person who violates court discipline. Those who seriously disturb the court order shall be investigated for criminal responsibility according to law.
4. The judge enters the court.
Clerk: All stand up and invite the presiding judge and judges (people's jurors) to enter the court. After the presiding judge and the judges (people's jurors) take their seats in court,
Presiding Judge: Sit down!
1. Participants in the proceedings have appeared in court.
Clerk (continuing to stand): Report to the presiding judge that the plaintiff, defendant, third party and their agents ad litem in the cases of * * * and * * *-(cause of action) have arrived in court, their identities and agency authority have been verified, and the court is ready to hold a hearing. The report is over.
B. If either party fails to appear in court, then
Clerk: The plaintiff (or the defendant or the third party) fails to appear in court without justifiable reasons after being summoned by summons. His agent ad litem * * * fails to appear in court without justifiable reasons after legal notice. The identities of the parties appearing in court and their agents ad litem have been verified. The court is ready for trial, and the report is over.
(The clerk sits down after reporting)
5. announce the trial.
Presiding Judge: The court session is now in session.
After our court accepted it, * * * applied to our court to participate in the litigation on the grounds of-,and was allowed to participate in the litigation as a third party after examination by our court.
Presiding Judge: According to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC), upon examination by our court, * * is granted as the litigation agent of the plaintiff, * * as the litigation agent of the defendant, and * * and * * as the litigation agents of the third party.
I. Public hearing
Presiding Judge: * * The People's Court of Ningdu County, Jiangxi Province today held a public hearing on the case that the plaintiff * * * sued the defendant * * *-in accordance with the first paragraph of Article 120 of the Civil Procedure Law of People's Republic of China (PRC).
B. If the trial is not held in public, explain the reasons for not holding the trial in public, and declare the trial in public according to the second paragraph of Article 120 of the Civil Procedure Law of People's Republic of China (PRC).
C announcement of trial by default: the defendant * * * was summoned by summons and refused to appear in court without justifiable reasons. According to the provisions of Article 130 of the Civil Procedure Law of People's Republic of China (PRC), the case was tried by default. The third person * * * refuses to appear in court without justifiable reasons after being summoned by a summons, and the belief in the law does not affect the trial of the case.
6, announced the list of judges and clerks.
Presiding Judge: The list of members, clerks, appraisers, inspectors and translators of the collegial panel is now announced.
The collegial panel in this case is composed of judges (acting judges) * * * *, * * *, * * *, with the presiding judge being * * and the clerk being * *. Also present today are appraisers, inspectors and translators.
7. Inform the parties of their litigation rights and obligations.
Presiding Judge: Now declare the rights of the parties. According to the relevant provisions of the Civil Procedure Law of People's Republic of China (PRC), the parties shall enjoy the following rights:
1. The agent ad litem and the plaintiff may give up or change the claim;
2. The defendant may admit or refute the claim and counterclaim;
3, the parties have the right to provide people and evidence;
4. Have the right to debate;
5. Have the right to solve it by yourself;
6. Have the right to request mediation;
7. Have the right to appeal;
8. With the permission of this court, you can consult the trial materials of this case;
9. If the parties have reason to believe that the members of the collegiate bench and the clerk have an interest in the case, or have other relations with the parties to the case, which may affect the fair trial of the case, they have the right to ask the above-mentioned personnel to withdraw.
Presiding Judge: (Questioning the parties one by one) * * *, did you hear the above rights clearly? Do members of the collegiate bench and the clerk apply for withdrawal?
When one party indicates that it does not apply for withdrawal.
Presiding Judge: The parties did not apply for the withdrawal of the members of the collegial panel or the clerk, and the collegial panel in this case was formally established according to law.
Precautions:
1. Ask the parties whether to apply for withdrawal and do it one by one.
2. If the parties do not understand the meaning of withdrawal, the presiding judge shall inform them that applying for withdrawal means that if they think that the above-mentioned persons have an interest in the case or have other relations, which may affect the trial of the case, they may put forward reasons to request their replacement.
3. If a party applies for withdrawal, it shall ask the object and reason for withdrawal.
4. If a party applies for the withdrawal of a clerk, an expert witness, an inspector or an interpreter, but fails to give proper reasons, the collegial panel may hold a court session or adjourn the court, and the presiding judge shall declare that the withdrawal application has no factual basis and proper reasons, and shall not be accepted and recorded.
5. If a party applies for the withdrawal of a judge, it shall submit it to the president before announcing the adjournment. If the president thinks there is no reason to apply for withdrawal, he may entrust the president or the presiding judge to declare that the withdrawal of the judge has no factual basis and justifiable reasons, and shall be rejected and put on record.
6. If the reasons for the parties' application for withdrawal are established, the presiding judge or the presiding judge will announce the approval of the application for withdrawal of * * * *, and a collegial panel will be formed separately in this case, or the trial will continue after the replacement of the clerk, expert witnesses, inspectors and translators, and the date of the trial will be notified separately.
If more information can be provided, more detailed legal advice can be given.