When a lawyer conducts an investigation with a power of attorney, it shall be conducted by two lawyers at the same time, and the lawyer's power of attorney and practice certificate shall be presented on his own initiative, which shall be checked by the respondent, and the holder shall be consistent with the person specified in the power of attorney. Other personnel shall not participate in the investigation. The holder shall correctly use the lawyer's investigation order and objectively investigate and collect relevant information. The applicant and the holder shall be responsible for keeping confidential the relevant information obtained in the warrant investigation.
An investigation order refers to a legal document issued by the court to the attorney of the party concerned to collect the required evidence from the relevant units and individuals after the party concerned is unable to obtain the required evidence for objective reasons in civil litigation and is approved by the people's court.
Legal basis:
1. People's Republic of China (PRC) Civil Procedure Law
Article 58 A party or legal representative may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 64 The parties have the responsibility to provide evidence of their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures.
2. Several Provisions on the Application of Lawyers' Investigation Orders in Execution Procedures (for Trial Implementation)
Article 9 When a lawyer uses a power of attorney to conduct an investigation, it shall be conducted by two lawyers at the same time, and the lawyer's power of attorney and practice certificate shall be presented on his own initiative, which shall be checked by the respondent, and the holder shall be the same as the person specified in the power of attorney. Other personnel shall not participate in the investigation.
The holder shall correctly use the lawyer's investigation order and objectively investigate and collect relevant information. The applicant and the holder shall be responsible for keeping confidential the relevant information obtained in the warrant investigation.
Article 8 A lawyer's investigation order shall include the following contents:
(a) the case number and the name of the party involved in the execution of the case;
(2) the name of the applicant;
(3) Basic information such as the name of the respondent;
(four) the name of the holder and the full name of the law firm;
(5) The contents of the evidence collected through investigation;
(six) the validity period of the lawyer's power of attorney;
(seven) the sender, issuer, date and seal.
The term of validity of a lawyer's investigation order is generally fifteen days, and the longest period shall not exceed thirty days, and it will automatically expire at the expiration. If you find new property clues, you can reapply.
Article 5 An application for an investigation order shall include the following contents:
(a) the case number and the name of the party involved in the execution of the case;
(2) the name of the applicant;
(3) Basic information such as the name of the respondent;
(four) the name of the holder and the full name of the law firm;
(5) The contents of the evidence collected through investigation;
(six) the objective reasons for not being able to investigate and collect evidence on their own;
(seven) other matters that need to be explained.