Nowadays, citizens' legal awareness has generally improved, and many people think of using "litigation" to protect their rights when their rights are infringed. For some people who have never filed a lawsuit, the procedure of filing a lawsuit must be unfamiliar. Next, I will answer the following two questions: what is the procedure of litigation and what should be paid attention to in litigation. I hope it helps you.
First, what is the procedure of litigation?
The litigation procedure is stipulated by law, and it is a series of very serious and rigorous litigation behaviors. The following points are briefly introduced:
1, write a complaint
Civil indictment is an important legal document to start litigation procedure. Appropriate litigation requests, statements of facts and reasons and legal basis are all important factors that determine the success or failure of litigation. Therefore, writing a complaint should be well conceived and designed, otherwise it will not only affect the outcome of the lawsuit, but also sometimes cause the loss of expenses.
Step 2 file a case
First choose the court with jurisdiction, and then submit the complaint, evidence and other related materials. After receiving the notice of court acceptance, wait for the court summons to inform the court to open the session.
Step 3: hold a court session
The trial procedure mainly includes court investigation and court debate. Proof and cross-examination in the court investigation stage are highly professional litigation actions. The debate stage is the time to fully explain the factual reasons and legal basis for supporting your own claims. Its purpose is to convince the judge and the other party to admit their views. Wait for the court's decision after the debate.
Step 4 judge
The job of the court is to make a judgment after the trial. After receiving the judgment, if the party refuses to accept the judgment, he should appeal in time and start the second instance procedure. Otherwise, the judgment of first instance will take effect, and the disputes between the two parties will be executed according to the judgment.
Step 5 perform
After the judgment comes into effect, if one party refuses to perform its obligations voluntarily within the time limit determined by the judgment, the other party shall apply to the court for execution in time. If the court refuses to perform the judgment, it may take measures of detention and fine, and if the circumstances are serious, it may be investigated for criminal responsibility.
The above are just a few main links in the litigation process. There are still many behaviors that need to be paid attention to in the whole litigation process, such as time limit for proof, counterclaim, application for expert appraisal and witness appearing in court. These details are very important. The phrase "details determine success or failure" is very appropriate in litigation.
Second, what should we pay attention to in litigation?
1. First of all, we must change our ideas when going to court.
Many people think that going to court is a bad thing and call it "offending officials", so they are unwilling to go to court and even afraid of going to court. For a society ruled by law, this concept is obviously out of date. Litigation is a troublesome thing, but in the post-private relief era, litigation is the most important and effective way to safeguard the legitimate rights and interests of citizens. Litigation is the right given to every citizen by law. In a society ruled by law, when freedom and rights are violated, every citizen should not hesitate to take up legal weapons to defend his freedom and rights. Therefore, every citizen should change his mind, not be afraid to go to court, and exercise his right to go to court when necessary.
2. Problems needing attention in the preparation stage, including obtaining evidence, hiring lawyers, and preparing for trial.
In the stage of litigation preparation, the most important thing is to collect and preserve relevant evidence. The purpose of litigation is evidence. According to the principle of "whoever advocates gives evidence", the parties should provide evidence to prove their claims. If there is no evidence or no evidence, they should bear the legal consequences that are unfavorable to them. In reality, it is not uncommon for the parties to lose the case because they cannot prove their mistakes. Based on the importance of evidence, we should try our best to obtain it even if we don't have it at hand. For example, in the absence of an iou or loan contract, the creditor can obtain evidence by reconfirming the creditor's rights in writing with the debtor.
When you decide to go to court, you'd better seek the help of a lawyer or related professionals.
If you are unable to hire a lawyer due to financial difficulties, you can apply for legal aid from a legal aid institution under legal circumstances. When seeking legal help, it is recommended to entrust a lawyer of a law firm. On the one hand, lawyers can provide professional legal services to maximize the interests of the parties. On the other hand, the Lawyers Law stipulates that if a lawyer practices illegally or causes losses to the client due to his fault, the client has the right to ask the law firm where he works to bear the liability for compensation, but the citizen agency does not have such protection.
4. In the preparatory stage, if a lawyer is hired, the follow-up work is mainly to cooperate with the lawyer in litigation. But if you don't hire a lawyer, you need to prepare relevant materials and court debates.
The preparatory work should focus on "claims" and "facts and reasons". "Claim" is the litigation request, that is, what kind of responsibility is required of the other party. "Facts and reasons" refers to the court's statement of the course and reasons of the case to support its own claims. In order to play a better role in the trial, it is best to form written materials for the preparatory work.
5. The problems that should be paid attention to during the trial are mainly court order and speaking skills.
During the trial, the court order should be observed. Under the ex officio litigation mode, the judge dominates the whole trial process, and the judge will guide the parties to complete all stages of the trial. What the parties have to do is to cooperate with the judge to find out the facts of the case. The parties shall strictly abide by the court order and the guidance of the judge. Without the consent of the judge, you are not allowed to speak at will, and you are not allowed to suddenly interrupt the other party when he is speaking, because speaking at will disrupts the order of the court and leads to the trial being unable to proceed smoothly.
In addition, pay special attention when it's your turn to speak.
Some parties, no matter what questions the judge asked, pointed at each other endlessly and made "generous statements" as soon as they started, which not only failed to achieve any effect, but also made a big taboo in the trial. The time of each trial is about two to three hours, so it is very difficult for a judge to find out the facts of the case in such a short time, which is very difficult for a complicated case. Therefore, speeches should be targeted and questions should have answers. In addition, pay attention to the speed of speech when you speak. If you speak too fast, it is difficult for the clerk to record. Experienced lawyers will cooperate with the speed of typing by the clerk, and some lawyers will submit the electronic version of the complaint or defense to the clerk before the court session, which will not only ensure that their opinions are accurately recorded in the court transcript, but also save the court time.
To sum up, going to court requires a series of procedures, and the parties who have never filed a lawsuit had better seek the help of lawyers or professionals. Although the procedure of litigation is complicated and takes a long time, it is indeed a good way to protect rights. Therefore, even if you don't have to go to court now, it is a good choice to know in advance and plan in advance. The above is the answer to the procedure of litigation and the questions that need to be paid attention to when litigation. In fact, the procedure of litigation is complicated and rigorous, and there are many details to pay attention to. So, if you have any other questions, please consult our website. We have professional lawyers who can help you.