Second, after mastering the basic situation of the defendant, you should write a civil complaint, which is a very important step in the lawsuit. Whether the format of the complaint is correct will affect whether the court files a case, whether the defendant is correct, whether other defendants are omitted, whether the responsible subject and execution ability are affected, and whether the litigation request and reasons are appropriate will directly affect the success or failure of the case. At the same time, there must be some evidence and legal provisions to support the reasons for the complaint.
Third, the indictment is printed according to the number of defendants. For example, one defendant needs to submit two complaints to the court, and for two defendants, three complaints need to be submitted to the court, and so on; When you are ready, submit the lawsuit and evidence, as well as a copy of the plaintiff's ID card and so on. If accepted, you will be given a notice of payment, and then you will pay the legal fees with the notice of payment; After paying the fee, your case was officially accepted. The court will arrange the date and give you a summons, which will indicate the date, time and place of the trial, as well as the judges and clerks.
You should appear in court on time when the court is in session. If you are late, the court will think that you have given up your right and handle the case as dropped. After you appear in court, the judge's clerk will verify the identity of both parties and then enter the trial stage.
Verb (verb's abbreviation) court session: the judge first asks you whether you want to apply for the judge's withdrawal (if it is confirmed that the judge and the defendant are relatives or other intimate relationships, then you say you want to withdraw, otherwise you say you don't need it), and then announces the formal court session, which will let the plaintiff read the complaint first, then the defendant will reply after reading it, and then the original defendant will submit the corresponding evidence, and both parties will cross-examine the evidence of the other party; This is the core and key step of the trial. You must cross-examine the authenticity/relevance/legality of all the evidence of the other party carefully. Don't accept evidence that the other party is not sure about. Once the other party's evidence is recognized, the clerk will record it. If you want to go back on your word, it will be too late. After the evidence debate, the debate stage between the two sides will be held. The average judge will give both sides a chance or two. At the end of the debate, the judge usually asks whether the two sides want to mediate. If both parties agree to mediate, the judge will mediate. There are generally two kinds of mediation, either face to face or back to back. If the mediation is unsuccessful, the judge will announce an adjournment and decide on another day.
6. If you are dissatisfied with the judgment, you should appeal within the statutory time limit from the date of the judgment. Then you should write an appeal according to the judgment of the first instance, facts and laws, and then submit it to the presiding judge, who will submit it to the court of second instance together with your first instance materials. In some areas, you can also go directly to the court of appeal to file a case. What you should remember is that you must pay the appeal fee within the specified time. The appeal fee and the time and method of payment are stated at the end of the judgment, and the court will not inform or remind you again. If you miss it, you can't appeal, which is regarded as withdrawal of the appeal.
Seven, if you don't want to appeal, the other party does not appeal, but the other party is not willing to compensate you for the loss, then you have to file a case with the court for enforcement. Enter the execution program.
Eight, due to various reasons, you are still not satisfied with the effective judgment or ruling, you can apply for a complaint. Write a complaint and submit it to our hospital or the people's court at the next higher level.
You can conduct the above litigation yourself, or you can hire a lawyer from a law firm to represent you.
The cost varies slightly from place to place. Let's take Jilin for example.
Interim standard of lawyer service guidance fee in Jilin Province:
In the investigation stage of criminal cases, provide legal advice, appeal, accusation and application for bail pending trial, with a price of 300-2,000 yuan per piece.
500-3000 yuan/piece in the stage of criminal case review and prosecution.
800-5000 yuan/piece in the first trial stage of criminal cases.
Being the plaintiff in a criminal private prosecution case or the agent of the victim in a public prosecution case does not involve 800-5000 yuan of property/pieces.
If the plaintiff in a criminal private prosecution case or the agent of the victim in a public prosecution case participates in a lawsuit involving property, it shall be charged according to the standards of civil cases.
As the agent of criminal incidental civil cases, the civil part should reduce the fees according to the standards of civil cases.
1000-8,000 yuan/criminal case that has not been tried in the first instance but has been tried in the second instance.
For criminal cases in which the first instance and the second instance are conducted at the same time, the standard fees for the first instance shall be reduced as appropriate.
Acting for civil (economic) litigation and arbitration cases, and 400-5000 yuan/piece for civil cases not involving property relations.
Acting for civil (economic) litigation and arbitration cases. In civil cases involving property relations, if the object of litigation is below 10000 and 4%-20%, the fees will be charged progressively according to the fixed rate of the difference.
Acting for civil (economic) litigation and arbitration cases. In civil cases involving property relations, the litigation object is 10000- 100000 (including 654.38+10,000 yuan), 5%-4%, and the fees will be charged progressively according to the difference.
Acting as an agent for civil (economic) litigation and arbitration cases, the target fee for civil cases involving property relations is 4%-3% of100001-500,000 yuan (including 500,000 yuan), and the difference is fixed at a progressive rate.
Acting for civil (economic) litigation and arbitration cases, charging 3%-2% of the subject matter of civil cases involving property relations, 50,000 1 50000 1- 10000000 yuan (including110,000 yuan), according to the progressive difference.
Acting as an agent in civil (economic) litigation and arbitration cases. The object of civil litigation involving property relations is 10000 1-50000000 yuan (including 5 million yuan) 2%- 1%, and the fees are charged progressively at the fixed rate of the difference.
Acting for civil (economic) litigation and arbitration cases. In civil cases involving property relations, the target is 500,0001-10000000 (including10000000 yuan) and 1%-0.5%, and the fees are collected in a progressive way.
Acting for civil (economic) litigation and arbitration cases. In civil cases involving property relations, if the subject matter of litigation exceeds RMB 654.38 +0.5%, it will be charged progressively according to the fixed rate of the difference.
Acting as an agent in civil (economic) litigation and arbitration cases, involving both property relations and non-property relations, whichever is higher.
Acting as an agent in civil (economic) litigation and arbitration cases, counterclaims are calculated according to counterclaims.
Administrative cases that do not involve property relations are 300-5000 yuan/piece.
Administrative cases involving property relations shall be charged according to the standard of civil cases involving property.
Administrative cases involving both property relations and non-property relations shall be calculated according to the higher one.
Acting as an agent for administrative reconsideration cases, the fees shall be reduced according to the standard of administrative litigation fees.
Those who have passed the second trial without the first trial will be charged according to the standard of the first trial.
Second instance If both the first instance and the second instance are handled, the fees shall be reduced according to the standards of the first instance.
In the same case, the fees charged in the first and second trial stages of the litigation that once represented arbitration shall be reduced or exempted at the discretion of the arbitration stage.
Cases of appeal, retrial and execution shall be charged according to the charging standard of second instance.
With the consent of the client, lawyers with heavy workload, complicated cases or significant influence can negotiate with the client for fees exceeding the upper limit of this guidance fee.
Lawyers in poor counties who have difficulties in implementing the above standards may negotiate with their clients for fees lower than the above fees.
The fees charged by a law firm for providing non-litigation legal services, acting as legal adviser and answering legal advice, writing litigation documents and other documents related to legal affairs may be determined by the law firm through consultation with the clients.
The appraisal fees, notarization fees, printing fees, travel expenses for handling cases in different places and other expenses incurred by the law firm in the process of handling legal affairs shall be borne by the client, and the payment method shall be agreed in the agreement.
Individual cases are complicated and difficult to implement, which requires the law firm to pay the handling fees in advance and calculate the remuneration according to the actual execution amount, and allows the client to negotiate with the law firm to determine the specific amount and method of fees.