Court trial record
Opening date: June 2005 18. Venue: Youxi County People's Court. Members: presiding judge Fu Yongkang, judges Yu and Huang, and clerk Xie. Clerk: Please invite the parties and agents ad litem to appear in court.
Clerk: Find out the appearance of the parties and agents ad litem in court and check the certificates.
Clerk: Please be quiet. Now we declare the court discipline.
Clerk: All stand up and invite the presiding judge and judges to enter the court.
Clerk: Report to the presiding judge that the plaintiff, the plaintiff's agent Li, the defendant, Xiao Zhe, the defendant's agent Zhou and Jiang Nengguo appeared in court. The witnesses Liang Xiao and Zhao Lin provided by the plaintiff (defendant) are waiting to be summoned by the court. Everything is ready before the court. Please come to the court.
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Presiding Judge: Now check the basic information of the parties and participants in the proceedings. Trial: plaintiff's name, etc. Plaintiff: Xiao Liang, male, born in 1967, Han nationality, farmer, living at No.53 Xiacun, Chengguan Town, Youxi County, Fujian Province. Is the second son of the decedent Xiao Li. Trial: What is the identity and authority of the plaintiff's entrusted agent?
Authorized Agent: Li, lawyer of law firm, subject to the power of attorney. Trial: What's the name of the defendant?
Defendant 1: Xiao Peng, male, born in1986 65438+10/3, Han nationality, farmer, living at No.53 Xiacun, Chengguan Town, Youxi County, Fujian Province, is the grandson of the decedent Xiao Li.
Trial: the name of the defendant's agent, etc. Bei Dai: Zhou, lawyer of law firm, subject to the power of attorney. Trial: What are the names of the two defendants?
Defendant 2: Xiao Zhe, male,1born in June 1984, Han nationality, farmer, living at No.54 Xiacun, Chengguan Town, Youxi County, Fujian Province, is the son of Xiao Li's second brother. Bei: Jiang Nengguo, lawyer of law firm, subject to the power of attorney.
Presiding Judge: Does the plaintiff have any objection to the defendant's appearance in court?
Plaintiff: No objection.
Presiding Judge: Does the defendant have any objection to the plaintiff's appearance in court?
Defendant 1: No objection. Defendant 2: No objection.
Presiding judge: After examination, the plaintiff, defendant and their entrusted agents appear in court according to law and can participate in the activities of presiding judge of our court.
Trial: The First Chamber of the Civil Trial Chamber of Youxi County People's Court held a public hearing on the case of the succession dispute between plaintiff Xiao Liang and defendant Xiao Peng in accordance with the provisions of the first paragraph of Article 130 of the Civil Procedure Law of People's Republic of China (PRC), and now it is declared to be in session. (Knocking on the gavel) Trial: In this case, the presiding judge, Judge Fu Yongkang, is the presiding judge, and Yu and Huang form a collegial panel, and the clerk Xie keeps the record of this case.
Trial: The provisions on the litigation rights and obligations of the parties have been informed to both parties in writing before the trial. Are the plaintiff and the defendant aware of their litigation rights and obligations?
Plaintiff: Yes.
Defendant 1: Yes. Defendant 2: I already know.
Presiding Judge: Did the plaintiff apply for withdrawal?
Plaintiff: No application for withdrawal.
Presiding Judge: Did the defendant apply for withdrawal?
Defendant 1: No application for withdrawal. Defendant 2: Don't. Trial: Now the court investigation is under way. The focus of the court investigation is the disputed facts between the two sides. The parties have the responsibility to provide evidence for their claims, and should also provide corresponding evidence to prove their arguments. Trial: Now it is up to the plaintiff to comment on the prosecution? Plaintiff: Read out the indictment (abridged content) and request the court to make a judgment according to law: 1. Revoke the judgment of the court declaring the decedent Xiao Li dead; 2. The plaintiff Xiao Liang was ordered to inherit a house of 120 square meters, and the defendant Xiao Peng inherited five ancient paintings; 3. The deposit of RMB 230,000.00 Yuan was jointly inherited by the plaintiff Xiao Liang and the defendant Xiao Peng. 4. Confirm that the defendant Xiao Zhe has no inheritance right. Trial: Will the defendant reply? Defendant 1: read the reply (omitted) Defendant 2: read the reply (omitted)
Trial: Now the plaintiff provides evidence? Plaintiff: I hereby submit the following evidence, 1, the household registration certificate issued by the local police station, confirming that plaintiff Xiao Liang is the second son of Xiao Li, Xiao Ming is the eldest son, Xiao Peng is the son of Xiao Ming, and Xiaozhe is the son of Xiao Li's second brother; 2. No civil judgment. Our hospital X confirmed that Xiao Li had been missing for 6 years. In 2002, upon the application of plaintiffs Xiao Liang and Xiaoming, our hospital declared Xiao Li dead after investigation. 3. Xiaoming's death certificate issued by the local police station confirmed that Xiaoming died in a car accident in 2003; 4. A hospital certificate confirmed that Xiao Li died on May 17, 2004; 5. Two wills: 200 1 year, Xiao Li wrote 1 will according to the legal requirements, and the content of the will was "five ancient paintings were inherited by the eldest son, and 1 house was inherited by the second son"; On February, 2004 10, the law required 1 will, and the content of the will was "2 ancient paintings, and the deposit of 50,000 yuan was inherited by nephew Xiao Zhe". In addition, I apply for witnesses Xiao Liang and Xiao Liang to testify in court. Trial: Does the defendant have any objection to the evidence submitted by the plaintiff? Defendant 1: Put forward the following comprehensive cross-examination opinions on the above-mentioned evidence submitted by the plaintiff: After the decedent Xiao Li was declared dead, the plaintiff Xiao Liang did not clearly indicate whether to inherit the estate, but the estate was actually inherited by the defendant Xiao Ming. After Xiao Ming's death, the defendant Xiao Peng inherited Xiao Ming's estate. Since then, the plaintiff Xiao Liang's rights have been infringed, and by June 2004, the statute of limitations has exceeded two years. The plaintiff's claim to inherit Xiao Li's estate is not protected by law, and the plaintiff's claim should be rejected. When Xiao Zhe learned that Xiao Li had inherited two ancient paintings and deposited 50,000 yuan in his will, he put forward the idea of inheritance for less than two months. His inheritance right, two ancient paintings and a deposit of 50 thousand yuan should be inherited by him. Defendant 2: Regarding the evidence submitted by the plaintiff, I put forward the following comprehensive cross-examination opinions: Xiao Li inherited two ancient paintings and deposited 50,000 yuan in his will legally and effectively, and after learning of it, he advocated inheriting according to his will, so he was entitled to inherit. Trial: Call witness Xiao Liang to court. Trial; Handle witness statements. Trial: name of witness, etc?
Witness: Xiao Liang, male,1born in April 1956, Han nationality, living in Youxi county. Neighborhood relationship with the original defendant. Trial: Did the witness state his testimony? Witness: briefly review the content: did both sides ask the witness any questions? Original:No. Bei Yi:No. Bell:No. Trial: The witness withdrew. Trial: Call witness Xiao Liang to court. Trial; Handle witness statements. Trial: name of witness, etc? Witness: Xiao Liang, male,1born on August 3rd, 962, Han nationality, living in Youxi County. Neighborhood relationship with the original defendant: witness statement? Witness: briefly review the content: did both sides ask the witness any questions? Original:No. Bei Yi:No. Bell:No. Trial: The witness withdrew. Trial: Does the defendant have any evidence to submit to the court? Defendant 1: No evidence was submitted to the court. Defendant 2: No evidence was submitted to the court.
Trial: The court investigation has ended, and it is now determined by the court. Trial: Now the plaintiff and his agent speak? Plaintiff: He is the second son of the decedent Xiao Li, Xiao Ming is the eldest son, and Xiao Peng is Xiao Ming's son. The decedent Xiao Li left home in 2000 and his whereabouts were unknown. He was declared dead in 2002 upon application. Plaintiff Liang Xiao confirmed that Xiao Li died of illness on May 6, 2004 at 5438+07, and made two wills in writing and letters. Xiaoming died in a car accident in 2003. Requested the court to cancel the judgment declaring death, and ordered the plaintiff Xiao Liang to inherit the house of 120 square meters, the defendant Xiao Peng to inherit five ancient paintings, and the plaintiff Xiao Liang and the defendant Xiao Peng to inherit the deposit of 230,000 yuan, confirming that the defendant Xiao Zhe had no inheritance right. Primary: read the proxy word (omitted) trial: now the defendant speaks? Defendant 1: After the decedent Xiao Li was declared dead, the plaintiff Xiao Liang did not clearly indicate whether he would inherit the estate. The inheritance was actually inherited by the defendant Xiaoming. After Xiaoming's death, the defendant Xiao Peng inherited Xiaoming's inheritance. Since then, the plaintiff Xiao Liang's rights have been infringed, and by June 2004, the statute of limitations has exceeded two years. The plaintiff's claim to inherit Xiao Li's estate is not protected by law, and the plaintiff's claim should be rejected. When Xiao Zhe learned that Xiao Li had inherited two ancient paintings and deposited 50,000 yuan in his will, he put forward the idea of inheritance for less than two months. His inheritance right, two ancient paintings and a deposit of 50 thousand yuan should be inherited by him. Defendant's representative: read the proxy word (the content is omitted) Defendant 2: Xiao Li will inherit two ancient paintings and deposit 50,000 yuan legally and effectively, and he has the right to inherit it after learning of the will, and it has not been more than two months. The second generation of the defendant: read the proxy statement (summary record) trial: do the two sides have any new opinions? Plaintiff: No new opinions. Defendant 1: No new opinions.
Defendant 2: No new opinions. Trial: after the court finds the case, the parties shall state their final opinions? Plaintiff: According to the claim. Do one: the court will decide according to law. Two: the court will decide according to law. Trial: Do both parties agree to mediation? Plaintiff: I disagree. Defendant 1: I disagree. Defendant 2: I disagree. Trial: Because both parties disagree with mediation, our court will not organize mediation. Trial: It is now announced that the court will adjourn for 30 minutes, and the collegial panel will review the case. /kloc-After 0/5 minutes, the court will continue to hold a court session and announce the verdict of this case. Trial: We are adjourned. Book: The presiding judge and the judge will retire. Book: the parties and observers withdrew from the court.
(The collegial panel deliberates and records) Letter: The presiding judge and judges are invited to attend the court. Trial: Continue the trial. During the adjournment of the court, the collegial panel made a careful appraisal of the case, identified the evidence and facts of the case, fully considered the opinions of both the original defendant and the defendant, and made a conclusion, and now pronounced a sentence. (tapping the gavel)
Book: All rise. Trial: read out the judgment (see the judgment, omitted), and the judgment is as follows: 1. Cancel the judgment of 200 1 declaring the decedent Xiao Li dead. 2. Plaintiff Xiao Liang inherited a set of 120 m2 with a deposit of 90,000 yuan. 3. Defendant Xiao Peng inherited three ancient paintings and deposited 90,000 yuan. Four, two heritage ancient paintings and a deposit of 50,000 yuan were inherited by the defendant Xiao Zhe.
The acceptance fee of the case is 6,000 yuan, and other litigation costs are 3,000 yuan, so the plaintiff Xiao Liang bears 4,000 yuan, the defendant Xiao Peng bears 3,000 yuan, and the defendant Xiao Zhe bears 2,000 yuan. The verdict of this judgment was issued five days after the trial. If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties to appeal to Sanming Intermediate People's Court. The trial is over.
Clerk: Everybody sit down. Presiding judge: What's the plaintiff's opinion on the verdict? Original: Obey the judgment. Presiding Judge: What's the defendant Xiao Peng's opinion on the verdict? By Xiao Peng: Obey the ruling. Presiding judge: What's the defendant Xiao Zhe's opinion on the verdict? Be Xiao Zhe: Obey the judgment. Trial: The court is now closed. (Knocking on the gavel) Book: All stand up and ask the presiding judge and the judge to retire. Participants in the proceedings withdrew from court. The parties and participants in the proceedings check the transcripts and sign them:
Signature of members of collegiate bench and clerk: