In the course of litigation, you can appeal according to the regulations after the first instance. If you refuse to accept the judgment of first instance, you ca
In the course of litigation, you can appeal according to the regulations after the first instance. If you refuse to accept the judgment of first instance, you can appeal to the court of second instance without looking for a lawyer. So during the appeal, can I do it myself without a lawyer? This is a question that everyone should understand clearly. You can learn from the following introduction. Bian Xiao has compiled the following contents for your answer, hoping to help you.
1. Is there no lawyer who can appeal directly?
1. If you refuse to accept the judgment of the first instance, you can appeal to the court of second instance, and you don't need to find a lawyer.
2. There is no lawyer, and there is no need to ask a lawyer to bring a lawsuit to the people's court. It's just that many people usually go to a lawyer for convenience and increase their chances of winning. The parties can go through the prosecution procedure by themselves, or they can present evidence and defend themselves in court. Prosecutors must be at least 16 years old and have full capacity. /kloc-Minors under the age of 0/6 can be prosecuted by their parents instead.
3. Legal knowledge: People's Republic of China (PRC) Civil Procedure Law.
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.
If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
Article 165 An appeal shall be attached. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.
Second,
How many days is the appeal period?
1. Defendants, private prosecutors and their legal representatives, defendants' defenders and close relatives, parties involved in incidental civil actions and their legal representatives who refuse to accept the judgment of first instance of the local people's court must appeal to the people's court of first instance or the people's court of second instance within 10 days after receiving the judgment of the people's court. The appellant refuses to accept the ruling of first instance of the local people's courts at all levels, and the time limit for filing an appeal is 5 days. After the court of first instance makes a judgment or ruling, the defendant, the private prosecutor, the parties involved in the incidental civil action and their legal representatives shall file an appeal within the statutory time limit.
2. The persons who have the right to appeal include the defendant, the private prosecutor and their legal representatives. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The parties to a criminal incidental civil action refer to the plaintiff and the defendant in the incidental civil action. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.
3. The appeal period shall be counted from the second day after receiving the judgment or ruling. During the appeal, the appeal has legal effect. It means that the case has to go through the second instance procedure. Beyond this time limit, the appeal and protest will have no legal effect, and the judgment and ruling of the first instance will take effect. However, there are also special circumstances. If the parties delay the appeal period due to irresistible reasons or other legitimate reasons, they may apply to continue the litigation activities that should be completed before the expiration of the time limit within 5 days after the obstacle is removed. Whether to approve or not shall be decided by the people's court. If there is no justifiable reason, the people's court shall immediately rule to reject the application.
In daily life, if a dispute with others cannot be resolved through consultation, citizens can also bring a lawsuit to the local court for trial. If the parties have objections to the court's decision, they can also appeal within a certain period of time, which is also the right that citizens should enjoy.
After reading this article, we should know that as a party, we don't need a lawyer to appeal. As long as we appeal within the validity period according to the law, the court will certainly accept it, which requires the parties to understand the law. Please consult a professional lawyer if you have any other questions.