Do you need a lawyer's signature to apply for retrial after losing the case in the second instance?

Do you need a lawyer to apply for retrial?

According to the relevant laws of our country, the court does not stipulate that there must be a lawyer for retrial cases. Whether to hire a lawyer is up to the parties themselves, but it is best to entrust a lawyer to handle it.

People's Republic of China (PRC) Civil Procedure Law

Article 58 Entrusted agent

The parties and legal representatives 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 59 Power of Attorney

If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.

Article 199 A party applies for a retrial.

If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.

What is the trial procedure of retrial cases?

When a case decides to be retried, it enters the retrial stage. According to the provisions of Article 186 of the Civil Procedure Law, the effective judgment and ruling of a retrial case shall be made by the court of first instance, and the retrial case shall be tried according to the procedure of first instance, and the retrial judgment and ruling may be appealed; For retrial cases, the effective judgment and ruling shall be made by the court of second instance, and the trial shall be conducted according to the procedure of second instance. The retrial judgment or ruling shall be effective. A case brought to a people's court at a higher level shall be tried in accordance with the procedure of second instance, and the judgment or ruling made is valid.

The trial procedure of retrial cases is basically the same as that of ordinary cases. If a collegial panel is formed for trial, the trial period shall also conform to the usual provisions.

The above knowledge is Bian Xiao's answer to relevant legal questions. According to the relevant laws of our country, the court has not stipulated that the retrial case needs a lawyer. Whether to hire a lawyer is up to the parties themselves, but it is best to entrust a lawyer. If you need legal help, readers are welcome to consult.