I. Materials submitted for appeal
If a party files an appeal, it shall submit a copy of the appeal and a copy of the judgment of first instance through the people's court of first instance within 15 days, and submit copies according to the number of the other party or representative. If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.
The appeal shall contain the following contents: 1. The name of the party is the same as that of the first-instance complaint, including the name, gender, age, nationality, occupation, home address and telephone number of the party. 2. The name, case number and cause of action of the court of first instance are all divorce cases. 3. Appeal request and reasons. This part is the core part of the appeal, so it must be written clearly. For the specific writing format of the appeal, please refer to the third part, Chapter 7, Legal Document Writing.
In the appeal, if the plaintiff in the original trial is the appellant, then the defendant in the original trial is the appellee; On the contrary, the defendant in the original trial was the appellant and the plaintiff in the original trial was the appellee.
Second, the court that accepts the appeal.
If a party refuses to accept the judgment of first instance and appeals, it shall appeal to the people's court at the next higher level. In Beijing, if a party files an appeal, it shall submit the appeal and the appeal fee to the people's court that originally tried the case, and the people's court that originally tried the case shall submit the appeal materials and the case file of the first instance to the court of second instance.
For example, the court of first instance that accepts the plaintiff's lawsuit is the Haidian District People's Court in Beijing, so the court of second instance that accepts the appeal should be the Beijing No.1 Intermediate Court. Generally, in the last few lines of the first-instance judgment, it is described as follows: "If you are not satisfied with this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and provide copies according to the number of opposing parties to appeal to the Beijing No.1 Intermediate People's Court."
Third, pay legal fees.
If a party files an appeal, the case acceptance fee of the appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If the appellant fails to pay the legal fees in advance during the appeal period, the people's court shall notify him to pay in advance within 7 days. According to the provisions of the Measures for the Payment of Legal Fees, if an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the judgment of the first instance. In practice, the amount of appeal fee is usually the same as the amount of litigation fee in the first-instance judgment. The appellant still pays the appeal fee in accordance with the procedure for paying the legal fees mentioned in Chapter 1 of Part IV, and goes to the designated bank.
The appellant shall pay the case acceptance fee within seven days from the day after receiving the notice of the people's court to pay the litigation fee. Failing to pay within the time limit shall be deemed as withdrawing the appeal. Under normal circumstances, the appellant pays the appeal fee on the day of appeal to the court of second instance. If both parties to a case of first instance appeal, they shall pay the appeal fees separately according to the regulations. After paying the appeal fee, the parties concerned shall hand over the bill of appeal fee to the presiding judge of the court of first instance. The court of first instance transferred the appeal fee, appeal materials and case files of first instance to the court of second instance.
IV. Cases accepted by the court of second instance
When the court accepts an appeal case, it generally does not issue a notice of acceptance to the parties, and the parties shall keep the invoice of the appeal fee. The appellant will submit the appeal, bills for paying legal fees and other materials to the court and wait for the notice of the court of second instance. When the court of second instance informs you, it will tell you what materials are needed for the trial. If you want to check the file of the first instance, you can contact the judge of the second instance to look at the paper. This will help you fully understand the trial of the first instance and prepare for the trial of the second instance. What needs to be reminded to some parties here is that if the lawyer you entrust is not your attorney in the first instance, in order to understand the whole case, you can ask the lawyer to contact the judge in the second instance to consult the file of the first instance. Look at the trial transcripts and evidence materials of the first instance before the trial. It is often incomplete to listen only to the parties' own statements and memories.
For example, in such an ordinary civil case, the author represents the appellant, and the entrustment relationship was established two days before the second trial. Moreover, these two days are Saturday and Sunday, and the case was accepted under the helpless circumstances entrusted by the people. I asked the appellant to tell me the real situation of the trial of first instance, because the matter of contacting the judge to read the papers was rejected because of the tight time. Therefore, according to the appellant's statement, I drafted a supplementary opinion on civil appeal. As a result, during the trial, many facts were found to be inconsistent with the appellant's statement. For this reason, I am embarrassed. After the trial, I explained and communicated with the presiding judge and got the understanding and support of the judge. Although things are small, we must tell a truth, no matter big or small, we must be objective and comprehensive. Know yourself and know yourself, and you will win every battle.
Five, the case file submitted by the court of first instance.
When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. Submitting a defense is a litigation right of the parties. If the Appellee fails to submit the defense, it will not affect the trial of the people's court.
It can be seen that the procedure of the second trial is more complicated than that of the first trial, so in practice, it often takes about two months from the case appeal to the formal hearing of the second trial. Of course, this time is not fixed, and generally depends on the number of cases in the court. Therefore, when you encounter an appeal, you must be psychologically prepared, and don't worry that the case can't be filed in time. Baidu Maps