you need a lawyer to be sued in court. The details are as follows:
1. If a defendant is sued, he can hire a lawyer or not. If a lawyer is not hired, citizens recommended by the community, unit and relevant social organizations can be the agents of the case.
2. If the defendant is a person with no capacity for litigation, his guardian needs to act as the legal agent to represent him in litigation, although a lawyer is not required.
How long will it take to open a court session after filing a lawsuit?
It depends on the situation. Generally, the court session will be 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, the general summary procedure will be held 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 civil case is accepted and put on file by the court, it is generally divided into summary procedure and ordinary procedure. Summary proceedings usually take place within one month. If it is a case of ordinary procedure, the court session will be held 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 will be held between four months. The third case is an administrative case. After the court of an administrative litigation case receives a lawsuit, it usually holds a court session within more than one month.
Divorce cases are charged from RMB 111 to RMB 51 per case, and the specific standards are as follows:
1. Non-property cases refer to cases brought by lawsuits due to 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. For divorce cases, RMB 111 will be charged to 51 yuan. Involving the division of property, the total amount does not exceed 1 million yuan, no additional charges; More than 1 million yuan, more than 1% charge. Cases that infringe on the rights of name, copyright, portrait, reputation and honor are charged 51 to 111 yuan each. In cases of intellectual property disputes, if there is no disputed amount, each piece shall be paid 511 yuan to 1111 yuan; The disputed amount shall be paid according to the charging standard of property cases. Labor dispute cases, each pay 31 to 51 yuan. For other non-property cases, 11 yuan will be paid to 51 yuan for each case. Bankruptcy cases shall be calculated according to the total property value of the bankrupt enterprise and the charging standard for property cases, and the payment shall be halved, but the maximum amount shall not exceed 1,111 yuan.
3. A property case refers to a case in which a lawsuit is brought due to a dispute over property rights and interests. The acceptance fee for a property case shall be calculated and collected according to the value and amount of the disputed property and the principle of decreasing rate. The specific charging standard is: each item less than 1,111 yuan should be delivered to 51 yuan; More than 1 thousand yuan to 51 thousand yuan, according to 4% to pay; More than 51 thousand yuan to 111 thousand yuan, according to 3% to pay; More than 11111 yuan to 211111 yuan, according to 2% to pay; More than 211 thousand yuan to 511 thousand yuan, according to 1.5% to pay; The part exceeding 511,111 yuan to 113.13 million yuan shall be paid by 1%; The part exceeding 1 million yuan shall be paid by 1.5%.
to sum up, it is up to the parties to decide whether to hire a lawyer for prosecution, and there is no mandatory provision in the law.
Legal basis:
Article 119 of the Civil Procedure Law of the People's Republic of China
A lawsuit must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There are specific claims, facts and reasons;
(4) it is within the scope of civil litigation accepted by the people's court and under the jurisdiction of the people's court against which the lawsuit is filed.