1. Do I need a lawyer if I am sued?
There is no legal requirement to hire a professional lawyer. If the case is simple, you have strong litigation ability, or you have a lawyer qualification certificate, you can defend yourself without a lawyer. Otherwise, it is better to hire a professional lawyer, which can safeguard your personal rights and interests.
Second, how long will it take to open the court after the prosecution?
As the case may be, the court session is usually held within one month.
1. Let's talk about it in three situations. The first is criminal cases, criminal cases. After the court receives a criminal case from the people's procuratorate and transfers it to the court, it usually conducts a summary trial within one month. Ordinary procedure. The trial will be held in more than a month.
2. The second case is a civil case. After the court accepts a case, it is generally divided into summary procedure and ordinary procedure. Summary procedures are usually carried out within one month. If it is an ordinary procedure case, the court will open within two months if it is not announced. If you want to send a notice to serve a copy of the indictment summons, it usually takes more than three months, and the court session lasts between four months. The third case is an administrative case. After receiving the lawsuit, the court of administrative litigation usually holds a court session once in more than one month.
Third, how to set the standard of prosecution fees?
The fee for divorce cases is 100 to 50 yuan, and the specific standards are as follows:
1. Non-property cases refer to cases brought to court because of disputes between personal relations and personal non-property relations. The acceptance fee for property cases shall be levied on a case-by-case basis within the prescribed fee range, and the part involving property shall be handled according to different circumstances.
2. Divorce cases, each case 100 yuan to 50 yuan. Involving property division, the total amount shall not exceed 1 10,000 yuan, without additional charge; If it exceeds 1 10,000 yuan, the excess will be charged at 1%. Cases that infringe the rights of name, copyright, portrait, reputation and honor will be charged 50 to 100 yuan each. In the case of intellectual property disputes, if there is no disputed amount, each piece shall be paid from 500 yuan to 1000 yuan; The disputed amount shall be paid according to the charging standard of property cases. Labor dispute cases, each pay 30 to 50 yuan. For other non-property cases, each piece 10 yuan will be paid to 50 yuan. Bankruptcy cases are calculated according to the total property value of bankrupt enterprises and the charging standard of property cases, and paid by half, but the maximum amount is not more than 6,543,800 yuan.
3. Property cases refer to cases brought by lawsuits due to disputes over property rights and interests. The acceptance fee for property cases shall be calculated and charged according to the principle of the value, amount and declining rate of the disputed property. The specific charging standard is: each piece is less than 1000 yuan and delivered to 50 yuan; If it exceeds 1 10,000 yuan to 50,000 yuan, it will be paid by 4%; The part exceeding 50,000 yuan to 654.38+10,000 yuan shall be paid by 3%; The part exceeding 654.38+10,000 yuan to 200,000 yuan shall be paid by 2%; More than 200 thousand yuan to 500 thousand yuan, pay by time; The part exceeding 500,000 yuan to113130,000 yuan shall be paid by 1%; Partial payment exceeding RMB 6,543,800+0,000.
Citizens who have objections to relevant civil activities, or whose personal rights and interests have been infringed, can be prosecuted and dealt with in accordance with the above procedures, especially those who have caused serious violations of the law, and can decide whether to hire a lawyer to defend themselves. In addition, people who can't afford to pay legal fees can also apply for legal aid.