1. When a party files a lawsuit, it must first submit a letter of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties concerned are citizens, the names, genders, ages, places of origin, and residential addresses of both parties should be stated.
If the party concerned is an organization, the name, address, legal representative or person in charge of the organization should be stated. The main text of the indictment should state the requested matters and the facts and reasons for the prosecution, and the tail should be signed or stamped with an official seal.
2. According to the principle of "whoever makes the claim must provide evidence", the plaintiff should submit the following materials to the court:
1. Materials on the plaintiff's subject qualifications. For example: originals and copies of resident ID cards, household registers, passports, return certificates for Hong Kong and Macao compatriots, marriage certificates and other evidence; corporate units serving as plaintiffs should submit copies of business licenses, business registration certificates and other materials.
2. Evidence to prove the plaintiff’s claim. Such as contracts, agreements, credit documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.
3. When parties submit documentary evidence to the court, they should fill in two copies of the evidence list, detailing the name and page number of the evidence submitted. After the evidence is verified by the court handler, the handler will sign and seal the evidence list. One copy will be handed over to the parties and the other will be filed.
4. After the parties have completed the necessary procedures and submitted all relevant evidence materials, the case filing court will handle the case filing procedures within seven days for those who meet the conditions for filing the case; for those who do not meet the conditions for filing the case, it will rule not to file the case according to law. accepted.
5. The parties concerned shall prepay the case acceptance fee and other litigation expenses within seven days from the date of receipt of the acceptance notice. If they are really in difficulty, they may apply to this court for a reduction, deferment, or If the written application for exemption from payment is not submitted within the time limit or the written application for deferment, reduction or exemption is not approved and the application is still not submitted in advance, this court will rule as automatically withdrawing the case.
6. After the case filing procedures, the case will be scheduled for hearing by the court. The parties concerned should obey the various work arrangements of the court and go to the finance office to settle the litigation expenses after the case is concluded. Any excess will be refunded and any less will be compensated.
Things you need to pay attention to as a litigant
1. You should pay the litigation fees as required;
2. You should provide the court with an accurate service address and contact information;
3. You should provide evidence to the court within the prescribed time limit;
4. You should attend court on time to participate in the proceedings;
5. You You should obey the court's instructions and abide by the order of the proceedings;
6. You should perform the legally effective judgments, rulings and mediation documents;
7. Other obligations stipulated by laws and regulations.
Extended information:
What is the procedure of the first instance of civil litigation?
1. Prosecution, that is, submitting a complaint to the filing division of the court with jurisdiction. ?
2. Case filing review?
If the case filing conditions are met, the parties will be notified to pay the litigation fees within 7 days, and the case will be filed after payment; if the case filing conditions are not met, the case will be ruled inadmissible. ?
If you are dissatisfied with the ruling to dismiss the prosecution, you must appeal to the higher people's court within 10 days. ?
After accepting the case, the court will serve a copy of the complaint to the other party within 5 days, and the other party will make a defense within 15 days, notify the party to exchange evidence, and make a property preservation ruling based on the party's application, and start immediately Execution?
3. Scheduling a court session?
Notify the parties of the court date, location, and person in charge 3 days in advance; public hearing cases will be announced 3 days in advance. ?
4. Hearing?
Announce the opening of the hearing, verify the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal. ?
Court investigation: The parties state the facts of the case. ?
Production and cross-examination of evidence: Inform witnesses of their rights and obligations, testify, read out the testimonies of witnesses who are not present in court, and present documentary evidence, physical evidence and audio-visual materials; both parties express their opinions on the evidence materials. ?
Court debate: The parties concerned argue and argue on disputed facts and legal issues. ?
Court mediation: Under the auspices of the court, the two parties agree to resolve disputes. ?
If a mediation agreement is reached, a mediation letter will be produced, which will take effect after being signed by both parties. The parties shall fulfill the contents of the mediation letter or apply for execution; if a mediation agreement is not reached, the collegial panel will make a ruling (declaration of judgment) in collaboration.
?
5. Announcement of judgment?
If you agree with the judgment, the parties will automatically perform the obligations specified in the judgment document or submit an enforcement application to the court of our court; if you disagree with the judgment, they need to be treated differently according to the circumstances: ?
Ruling: appeal to the higher people's court within 10 days from the date of service; ?
Judgment: appeal to the higher people's court within 15 days from the date of service. ?
Baidu Encyclopedia - Prosecution
Baidu Encyclopedia - Civil Procedure Law
Chifeng Intermediate People's Court - Civil Litigation Instructions