Is it useful to be sued in a different place? In fact, for legal issues, because there are many aspects involved, many of us are not clear about the differences between the following similar laws and regulations. Let's understand the use of being sued in different places.
I was sued in a different place. Do you need it? 1 I want to go.
Lawyer analysis:
Want to go.
Whether it involves civil or criminal proceedings, as long as it is prosecuted by a foreign court, the court will go to court.
If you don't go, the judge will make a default judgment according to the relevant provisions of the procedural law, and you will lose the opportunity to defend yourself, which may have adverse legal consequences.
If it is a case that must be attended and refuses to appear in court, it will be summoned to appear in court.
Legal basis:
Article 143 of the Civil Procedure Law of People's Republic of China (PRC).
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Can the prosecutor not go to the foreign court?
If a prosecutor does not go to a foreign court, he may entrust a lawyer to go or a local lawyer to go.
Civil procedure
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
Two, according to the principle of "who advocates who gives evidence", the plaintiff shall submit the following materials to the court:
1, plaintiff qualification materials. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
Three, the parties to submit documentary evidence to the court, should fill in the list of evidence in duplicate, detailing the name of the evidence submitted, the number of pages. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
Four, the filing court in the parties to perform the necessary procedures and submit relevant evidence materials, within seven days, to meet the conditions for filing, filing procedures; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.
Five, the parties shall, within seven days from the date of receiving the notice of acceptance, pay the case acceptance fee and other litigation fees in advance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
After the intransitive verb is submitted to the dispute litigation procedure, the court will arrange the court session time, and the parties should obey the various work arrangements of the court. After the case is closed, the litigation expenses will be settled in the financial office, and the overpayment will be made and the underpayment will be made.
Is it useful to be sued in a different place? 1. What should I do if I am sued in a different place?
You can entrust a lawyer to appear in court.
1, actively prepare evidence, and then entrust a lawyer to respond. Except for disputes such as divorce, I may not appear in court in person.
If I can't go, I can entrust a lawyer to represent me, and the power of attorney should indicate whether it is general authorization or special authorization.
Second, what are the chances of changing the sentence in the second instance?
If there is no new evidence, there is little possibility of changing the sentence.
1, China implements the system of two trials as the final instance, which means that the second trial is the final instance and there is no appeal. What is the probability of changing the sentence in the second instance? Under normal circumstances, if there is no new favorable evidence, the probability of changing the sentence in the second instance is not great. Only by mastering new favorable evidence, the chances of changing the sentence in the second instance will be greatly improved. If the facts are clear and the applicable law is correct, if there is an appeal, the court of second instance will reject its application.
2. According to the provisions of Article 153 of the Civil Procedure Law, the people's court of second instance shall, after hearing the case, deal with it according to the following circumstances: (1) If the original judgment finds the facts clear and the applicable law is correct, it shall rule to reject the appeal and uphold the original judgment; (2) If the original judgment was wrongly applied by law, the judgment shall be changed according to law;
(3) If the original judgment finds that the facts are wrong, or the original judgment finds that the facts are unclear and the evidence is insufficient, it shall revoke the original judgment and send it back to the people's court that originally tried the case for retrial, or revise the judgment after finding out the facts; (4) If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. The parties may appeal against the judgment or ruling of the retrial case.
Third, how to identify the new evidence in the second instance of civil litigation?
The parties know the existence of evidence, but they don't get it because they don't know its value.
1 is evidence that has existed objectively within the time limit for adducing evidence, but has not been known and mastered by the parties concerned.
2. It is evidence that the parties know the existence of evidence and have the conditions to obtain it, because they don't know its evidence value, but the court has explained it.
3, the parties know that evidence exists, but due to objective reasons failed to obtain evidence within the time limit for proof.
4, is to refute the other party's claim or proof, and the evidence presented after the expiration of the time limit for proof.
5. It is the evidence that the parties cannot provide within the time limit for adducing evidence due to objective reasons, and the evidence postponed with the permission of the court cannot be provided within the extended time limit. Failure to listen to evidence may lead the referee to obviously violate the objective facts. However, if the parties fail to provide evidence within the time limit due to intentional or gross negligence, the "objective reasons" shall be clearly excluded.
A defendant in a different place may entrust a lawyer to bring a lawsuit. If one party knows the existence of evidence, but fails to provide evidence because he doesn't know its value, and in order to refute the other party's claim or provide evidence, the evidence presented after the expiration of the time limit for presenting evidence can be presented as new evidence.
Is it useful to be sued in a different place? 1. What should I do if I am sued in a different place?
If it is a lawsuit in a different place, you can raise a jurisdictional objection to the case-handling judge of the accepting court. The time limit is 15 days after receiving the court's response materials, and you need to submit relevant contract materials.
According to the provisions of the Civil Procedure Law, an application for transfer of jurisdiction shall meet the following conditions:
(1) The people's court has accepted it. If the case that has not been accepted does not belong to the jurisdiction of our court after examination, there is no problem of transferring jurisdiction, and the parties concerned shall be informed to bring a lawsuit to the people's court with jurisdiction.
(2) The people's court that accepts the case has no jurisdiction over this case. Only people's courts with jurisdiction according to law have the right to exercise judicial power, so people's courts without jurisdiction have no right to hear cases.
(3) The people's court that accepts the transferred case has jurisdiction according to law. This is the requirement for the court to transfer the case, that is, it can not be transferred at will, but only to the people's court with jurisdiction.
Second, what are the trial jurisdictions of criminal proceedings?
Judicial jurisdiction in criminal proceedings refers to the jurisdiction of the people's courts in trying criminal cases of first instance, including the division of powers between people's courts at all levels, between ordinary people's courts and special people's courts, and between people's courts at the same level.
According to China's Organic Law of People's Courts, people's courts include not only the Supreme People's Court, the highest judicial organ of the country, but also local people's courts at all levels and military courts and other special people's courts. Local people's courts at all levels are divided into: basic people's courts, intermediate people's courts and higher people's courts. In line with the establishment of people's courts, the trial jurisdiction of criminal cases is divided into hierarchical jurisdiction, regional jurisdiction and special jurisdiction.
Hierarchical jurisdiction
Hierarchical jurisdiction refers to the division of powers of people's courts at all levels in the trial of criminal cases of first instance.
① Criminal cases of first instance under the jurisdiction of basic people's courts.
Article 19 of the Criminal Procedure Law stipulates: "The basic people's courts shall have jurisdiction over ordinary criminal cases of first instance, except those under the jurisdiction of the people's courts at higher levels according to this Law." It can be seen that the grass-roots and grass-roots people's courts are the grass-roots trial levels of the first instance of ordinary criminal cases, and the first instance of ordinary criminal cases is under the jurisdiction of the grass-roots people's courts in principle. Grassroots people's courts are widely distributed, with the largest number, and are closest to the crime scene and the people.
② Criminal cases of first instance under the jurisdiction of the Intermediate People's Court.
Article 20 of the Criminal Procedure Law stipulates that the Intermediate People's Court shall have jurisdiction over the following criminal cases of first instance: cases endangering national security; Ordinary criminal cases that may be sentenced to life imprisonment or death penalty; Criminal cases of foreigners committing crimes.
③ Criminal cases of first instance under the jurisdiction of the Higher People's Court.
Article 2 1 of the Criminal Procedure Law stipulates: "Criminal cases of first instance under the jurisdiction of the Higher People's Court are major criminal cases in the whole province (autonomous regions and municipalities directly under the Central Government)."
④ Criminal cases of first instance under the jurisdiction of the Supreme People's Court.
Article 22 of the Criminal Procedure Law stipulates: "The criminal case of first instance under the jurisdiction of the Supreme People's Court is a major national criminal case." The Supreme People's Court is the highest judicial organ in the country. In addition to approving death penalty cases, there should be very few criminal cases tried in first instance in the Supreme People's Court, which have great influence in the whole country and are particularly serious in nature and circumstances.
The trial jurisdiction of criminal proceedings includes the jurisdiction of different levels of courts, the jurisdiction of different regions and the special jurisdiction of specific fields. The establishment of relevant trial jurisdiction is to better distinguish the trial jurisdiction of different courts, thus clearly dividing cases and improving the accuracy of hearing cases. The establishment of special jurisdiction is also to facilitate the trial of cases in related fields, give corresponding authority and improve trial efficiency.