1. Do I need to sue in a different place?
In the case of prosecution in different places, except for divorce cases, lawyers can directly represent the litigation without attending in person.
If it is a divorce case, the plaintiff does not appear in court, and even if the lawyer appears in court, the court will automatically withdraw the lawsuit.
Legal basis:
Article 21 of the Civil Procedure Law of People's Republic of China (PRC) shall be under the jurisdiction of the people's court of the defendant's domicile;
If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is located. Where several defendants in the same lawsuit have their domicile under the jurisdiction of more than two people's courts, each people's court has jurisdiction.
Second, what methods can the parties choose to file a case?
1. The parties bring the prosecution materials and personally submit the materials to the court filing room for filing.
2. The parties engage a lawyer, and the lawyer conducts the lawsuit. You don't have to write a complaint yourself, go to the court and file a case. Handled by a lawyer.
3. Online declaration
First register on the court website or the court litigation service website, and then submit the filing application and related litigation materials on the online filing platform. After the examination and approval by the court, the case shall be registered and legal fees shall be paid.
4. Filing by mail
The parties first call the filing court of the court, mail the prosecution materials as required, and then wait patiently for the court's handling. Problems needing attention in filing a case by mail:
1, prosecution period;
2. Send it to courier companies such as postal services, and the mailing list shall indicate the specific recipient, the name of the item and the delivery date;
3. Keep the mailing voucher stamped with postmark.
4. Confirm the receipt with the court and pay the legal fees in time.
3. What materials do the parties to a civil case need to prepare to go to court for prosecution?
1, indictment (see how you submit it, prepare paper version and electronic version).
2, the plaintiff's identity materials, prepare identity documents. If the company is the plaintiff, it needs to prepare the business license and the certificate of legal representative.
3. Power of attorney, such as hiring lawyers and relatives.
4. The identity materials of the trustee are suitable for the employees of the company to handle cases, and ID cards should be provided.
5. The identity materials of the defendant, such as personal identity card, household registration book, industrial and commercial registration certificate, unified social credit code, etc.
6. Documents and information need to be accompanied by a list of documents and information.
Remarks: If the company is the plaintiff, the indictment and power of attorney need the official seal of the company and the signature of the legal representative.
Under normal circumstances, both the plaintiff and the defendant have to appear in court, but some cases are prosecuted in different places, and it is inconvenient for the parties to participate in the trial in different places for various reasons. Therefore, except for divorce cases, I am allowed not to appear in court, and I can entrust a lawyer to represent me.