1. Accept the case.
When the plaintiff files a lawsuit with the court, he shall submit a complaint and relevant evidence materials, and submit copies of the complaint and evidence according to the number of defendants.
2. Pretrial preparation.
Within five days after the court accepts the case, it will serve a copy of the complaint, a notice of response, a notice of litigation rights and obligations, a notice of evidence, and a court summons to the defendant. After responding to the lawsuit, the defendant served a court summons to the plaintiff. When the court summons both parties in accordance with the law, it must make various preparations for the hearing, such as informing the parties that they must participate in the litigation, investigating necessary evidence, informing the parties of the members of the collegial panel, and presiding over the exchange of evidence before the hearing, etc.
3. Hold a trial.
At the hearing, the clerk first announced the court discipline. The judge looked at the parties and asked them whether they applied for recusal. A court hearing is divided into court investigation, court debate, court mediation or judgment. Court investigation is mainly to ascertain the facts of the case under the guidance of the judge. At this stage, the parties must fully produce and cross-examine evidence.
4. Appeal.
If the parties concerned are dissatisfied with the judgment or ruling of the first-instance People's Court, they may appeal to the higher-level People's Court within the statutory time limit.
5. Apply for retrial and appeal.
If the parties, their legal representatives, and interested parties believe that the People's Court's legally effective civil or administrative judgments, rulings, or mediation documents are erroneous, they may apply for retrial. If the parties, their legal representatives, and close relatives believe that a legally effective criminal judgment or ruling is indeed erroneous, they may lodge a complaint with the People's Court.
6. Apply for execution.
After the judgment, ruling, mediation, or payment order becomes legally effective, if the debtor fails to perform its debts within the period specified in the above-mentioned documents, the creditor may apply to the People's Court for compulsory execution.
Materials required for civil litigation
1. One copy of the indictment and one copy according to the number of defendants.
2. Identity certificates of the plaintiff and defendant;
(1) If the plaintiff is an individual, provide a copy of the identity card and the plaintiff’s household registration certificate if necessary; if the defendant is an individual, provide other Household registration certificate or temporary residence certificate;
(2) If the plaintiff is an organization, provide a copy of its business license and the original identity certificate of the legal representative; if the defendant is an organization, provide its industrial and commercial registration certificate.
3. Letter of authorization. If a citizen, the legal representative of a legal person or the person in charge of another organization is unable to participate in litigation activities in person, he or she must submit a power of attorney; if the client is not a lawyer, a copy of the client's ID card must be provided.
4. Prosecution evidence materials.
5. Proof of prosecution costs. If the plaintiff applies for postponement, reduction or exemption of litigation fees, he shall submit a written application and supporting documents that meet the requirements.
How much are the legal fees for a typical lawsuit?
How much attorney fees are for general litigation depends on the specific case:
1. Divorce cases cost 50-300 yuan per case; if property division is involved, the total property does not exceed 200,000 yuan. , no additional charge; if it exceeds 200,000 yuan, the excess amount will be paid at 0.5.
2. In case of infringement of the right of name, name, portrait, reputation or honor, 100 yuan will be charged for each case.
3. For other non-property cases, 50 yuan is required for each case.
4. For intellectual property disputes, if there is no disputed amount, 500 yuan to 1,000 yuan will be paid per case; the disputed amount shall be paid according to the charging standards for property cases.
5. For other administrative cases, 100 yuan per case; the disputed amount shall be paid according to the charging standards for property cases.
6. For labor dispute cases, 50 yuan will be paid for each case.
7. In bankruptcy cases, the payment shall be halved according to the total property value of the bankrupt enterprise and the fee standard for property cases, but the maximum shall not exceed 654.38 million yuan.
8. When applying for execution cases, the execution amount or execution price is less than 1 million yuan.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 122 of the Civil Procedure Law of the People's Republic of China
A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;
(2) There is a clear defendant;
(3) There is a specific request , facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the people's court being sued.