The legal fees are paid in advance by the plaintiff, the third party with independent claims and the appellant, and are ultimately borne by the losing party, unless the winning party voluntarily bears them. Therefore, it is incorrect to ask the defendant to pay legal fees in the title.
referring to article 21 of the measures for the payment of litigation fees, the fees for accepting a case shall be paid in advance by the plaintiff, the third party with independent claims and the appellant. If the defendant files a counterclaim and needs to pay the case acceptance fee in accordance with the provisions of these Measures, the defendant shall pay it in advance.
the case of claiming labor remuneration may not need to pay the case acceptance fee in advance. The application fee shall be paid in advance by the applicant. However, the application fees stipulated in Items (1) and (6) of Article 11 of these Measures are not paid in advance by the applicant, but are paid after the implementation of the application fee and the bankruptcy application fee is paid after liquidation. The fees specified in Article 11 of these Measures shall be paid after the actual occurrence.
referring to article 22 of the measures for the payment of litigation fees, the plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of the people's court to pay the litigation fees; In a counterclaim case, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after filing the counterclaim. The case acceptance fee for an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, they shall pay in advance respectively. If the appellant fails to pay the litigation fee in advance within the appeal period, the people's court shall notify him to pay it in advance within 7 days.
the application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court. If a party fails to pay the litigation fee within the time limit and fails to apply for judicial assistance, or the application for judicial assistance is not approved, and the litigation fee has not been paid within the time limit specified by the people's court, the people's court shall handle it in accordance with relevant regulations.
referring to article 29 of the measures for the payment of litigation costs, the litigation costs shall be borne by the losing party, except those voluntarily borne by the winning party. In the case of partial victory or partial defeat, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the litigant loses the case, the people's court shall decide the amount of litigation expenses borne by each litigant according to its interest in the litigation object.
expanded information
referring to article 2 of the measures for the payment of litigation fees, the parties involved in civil litigation and administrative litigation shall pay litigation fees in accordance with these measures. Except the provisions of these Measures can not pay or be exempted from paying litigation fees.
referring to article 6 of the measures for the payment of litigation fees, the litigation fees that the parties should pay to the people's court include:
(1) the fees for accepting the case;
(2) application fee;
(3) transportation expenses, accommodation expenses, living expenses and lost time allowance incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date specified by the people's court.
referring to article 7 of the measures for the payment of litigation fees, the fees for accepting cases include:
(1) the fees for accepting cases of first instance;
(2) fees for accepting cases of second instance;
(3) The fees for accepting cases that need to be paid in accordance with the provisions of these Measures in retrial cases.
With reference to Article 8 of the Measures for Payment of Litigation Fees, no case acceptance fee is paid for the following cases:
(1) Cases tried in accordance with special procedures stipulated in the Civil Procedure Law;
(2) cases that are ruled inadmissible, dismissed from prosecution and rejected from appeal;
(3) cases that are not satisfied with the ruling of inadmissibility, dismissal of prosecution and objection to jurisdiction and appeal;
(4) administrative compensation cases.
referring to article 11 of the measures for the payment of litigation fees, if a party applies to the people's court for the following matters according to law, it shall pay the application fee:
(1) applying for the enforcement of legally effective judgments, rulings and conciliation statements of the people's court, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents endowed with compulsory enforcement effect by notarization institutions according to law;
(2) Apply for protective measures;
(3) apply for a payment order;
(4) Apply for public notice;
(5) applying for cancellation of the arbitral award or confirming the validity of the arbitration agreement;
(6) filing for bankruptcy;
(7) Application for maritime injunction, adjustment with general average, establishment of limitation fund for maritime claims, registration of maritime claims, and reminder of maritime liens;
(8) apply for recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions.
referring to article 11 of the measures for the payment of litigation fees, the people's court shall collect the transportation, accommodation, living expenses and lost time subsidies incurred by witnesses, appraisers, translators and adjusters when they appear in court on the date specified by the people's court according to the standards stipulated by the state. The parties involved in copying case file materials and legal documents shall pay the fee to the people's court according to the actual cost.
referring to article 12 of the measures for the payment of litigation fees, the people's court decides that the expenses incurred in the course of litigation due to appraisal, announcement, inspection, translation, evaluation, auction, sale, warehousing, storage, transportation and ship supervision shall be borne by the parties according to the principle of who claims and who bears, and the people's court shall not collect and pay them on behalf of the relevant institutions or units.
if the people's court provides translations of the local national languages and scripts in accordance with the provisions of the third paragraph of Article 11 of the Civil Procedure Law, no fees will be charged.
referring to article 44 of the measures for the payment of litigation costs, if a party has real difficulties in paying litigation costs, it may apply to the people's court for judicial assistance in delaying, reducing or exempting the payment of litigation costs in accordance with these measures. The exemption of litigation fees is only applicable to natural persons.
referring to article 45 of the measures for the payment of litigation fees, if a party applies for judicial assistance and meets one of the following circumstances, the people's court shall grant exemption from paying litigation fees:
(1) the disabled person has no fixed source of livelihood;
(2) claiming alimony, maintenance, nursing and pension;
(3) the minimum living security object, the rural poor regular relief object, the rural five guarantees supporting object or the person receiving unemployment insurance benefits have no other income;
(4) where one's legitimate rights and interests have been damaged because of being brave or protecting the interests of the public, and one's own or his close relatives request compensation or compensation;
(5) Other circumstances that really require exemption.
referring to article 46 of the measures for the payment of litigation costs, the people's court shall grant the reduction of litigation costs if the parties apply for judicial assistance in any of the following circumstances:
(1) they are receiving social relief due to force majeure such as natural disasters, or their family production and operation are unsustainable;
(2) belonging to the object of special care and resettlement as stipulated by the state;
(3) social welfare institutions and rescue management stations;
(4) other circumstances that really need to be reduced.
if the people's court approves the reduction of litigation costs, the reduction ratio shall not be less than 31%.
With reference to Article 47 of the Measures for Payment of Litigation Costs, if a party applies for judicial assistance and meets any of the following circumstances, the people's court shall grant deferred payment of litigation costs:
(1) claiming social insurance money or economic compensation;
(2) victims of maritime accidents, traffic accidents, medical accidents, industrial accidents, product quality accidents or other personal injury accidents claim compensation;
(3) being given legal aid by the relevant departments;
(4) other circumstances that really need to be postponed.
People's Court of Anyang County, Henan Province-Measures for Payment of Litigation Fees