2. Filing a case for review
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.
3. Arrange the court session time
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
Announce the hearing, check 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 withdrawal.
Court investigation: the parties state the facts of the case.
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.
Court debate: the two sides debate and demonstrate controversial facts and legal issues.
Court mediation: Under the auspices of the court, both parties agreed to settle the dispute.
If a mediation agreement is reached, a mediation agreement shall be made, which shall take effect after being signed by both parties, and the parties shall perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a judgment (ruling).
5. Sentences
If you agree to the judgment, the parties will automatically perform the obligations specified in the judgment document or apply to our court for execution; If there is disagreement with the referee, it needs to be treated differently according to the situation:
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.
Second instance procedure of civil litigation
1, put on record
If a party refuses to accept the judgment or ruling of the court of first instance, it shall appeal to the court of first instance or the people's court at a higher level within the statutory time limit; The court of second instance shall examine the appeal materials and files transferred by the court of first instance, and if they meet the requirements, file a case.
Evidence exchange.
The ruling or judgment of the appeal shall be made directly after review by the court.
2, hearing (the facts of the case are basically clear, you can not hear, but you must talk to both parties)
Notify the parties of the time, place and undertaker of the court session 3 days in advance; Cases heard in public shall be announced 3 days in advance; Transfer to the court of first instance for trial.
Announce the hearing, check 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 withdrawal;
Court investigation: the parties state the facts of the case;
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials;
Court debate: the parties debate and demonstrate controversial facts and legal issues;
Court mediation: under the auspices of the court, the parties agree to resolve the dispute;
The collegial panel makes a collegial decision;
Maintain the original judgment, or change the judgment, or send it back for retrial.
Sentence.
3, the parties automatically fulfill the obligations specified in the judgment documents or apply to the court of first instance for execution; Or submit written appeal materials to the court of second instance to apply for retrial.
If a mediation agreement is reached, the court shall make a mediation agreement, which will take effect after being signed by both parties.
The appeal fee of a civil case needs to be determined according to the nature of the case and the appeal request.
According to the provisions of Article 13 of the Measures for Paying Legal Fees, the fees for accepting cases shall be paid according to the following standards:
(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;
1. If it does not exceed 1 ten thousand yuan, each piece shall be paid to 50 yuan;
2. The part exceeding 1 10,000 yuan to 1 10,000 yuan shall be paid by 2.5%;
3. The part exceeding 6,543,800 yuan to 200,000 yuan shall be paid by 2%;
4. For the part exceeding 200,000 yuan to 500,000 yuan, pay by 1.5%;
5. The part exceeding 500,000 yuan to 6,543.8+0,000 yuan shall be paid according to 654.38+0%;
6. The part exceeding 6,543,800 yuan to 2 million yuan shall be paid by 0.9%;
7 more than 2 million yuan to 5 million yuan, according to 0.8% to pay;
8. The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.7%;
9. The part exceeding 6,543,800 yuan to 20 million yuan shall be paid by 0.6%;
10. For the part exceeding 20 million yuan, 0.5% shall be paid.
(2) Non-property cases shall be paid according to the following standards:
1. Divorce cases range from 50 yuan to 300 yuan. Involving the division of property, the total amount of property does not exceed 200 thousand yuan, no need to pay separately; The part exceeding 200,000 yuan shall be paid by 0.5%.
2. 500 yuan shall pay 100 yuan for each case that infringes on the right to name, name, portrait, reputation and honor. Involving damages and the amount of compensation does not exceed 50 thousand yuan, no additional compensation; The part exceeding 50,000 yuan to 6,543,800 yuan shall be paid according to 654.38+ 0%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%.
3. Pay 50 yuan to 100 yuan for each non-property case of the other party.
(3) In intellectual property civil cases, if there is no dispute about the amount or price, each piece shall be paid from 500 yuan to 1 1,000 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) Payment for each labor dispute case 10 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Trademark, patent and maritime administrative cases each 100 yuan;
2. Every 50 yuan in other administrative cases.
(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.
Article 14 The application fee shall be paid according to the following standards:
(1) Those who apply to the people's court for the enforcement of legally effective judgments, rulings and conciliation statements of the people's court, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary organs according to law, and apply for the recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions, shall be paid according to the following standards:
1. If there is no execution amount or price, each piece ranges from 50 yuan to 500 yuan.
2. If the execution amount or price does not exceed 6,543,800 yuan+0,000 yuan, each piece shall be paid to 50 yuan; The part exceeding 1 0,000 yuan to 500,000 yuan shall be paid at 1.5%; The part exceeding 500,000 yuan to 5 million yuan shall be paid according to 1%; The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.5%; The part exceeding100000 yuan shall be paid by 0. 1%.
3. In accordance with the provisions of the fourth paragraph of Article 55 of the Civil Procedure Law, if the right holder who has not participated in the registration brings a lawsuit to the people's court, he shall pay the application fee in accordance with the standards stipulated in this item, and shall not pay the case acceptance fee.
(two) the application for preservation measures, according to the actual amount of property preserved in accordance with the following standards:
If the amount of property does not exceed 1 000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding 1000 yuan to 654.38+10,000 yuan shall be paid according to 1%; The part exceeding 654.38+10,000 yuan shall be paid by 0.5%. However, the maximum expenses paid by the parties to apply for protective measures shall not exceed 5,000 yuan.
(3) If the payment order is applied according to law, it shall be paid according to the standard of property case acceptance fee 1/3.
(4) Apply for publicity according to law, and pay 100 yuan for each piece.
(five) to apply for revocation of the arbitration award or to confirm the validity of the arbitration agreement, each piece shall be submitted to 400 yuan.
(6) Bankruptcy cases shall be calculated according to the total amount of bankruptcy property, and the acceptance fee for property cases shall be charged by half, but the maximum amount shall not exceed 300,000 yuan.
(7) The application fee for maritime cases shall be paid according to the following standards:
1. For the application for the establishment of a limitation fund for maritime claims, each piece shall be paid 1000 yuan to 10000 yuan;
2. For the application for maritime injunction, each piece shall be paid 1000 yuan to 5,000 yuan;
3. For the application for maritime lien reminder, each piece shall be paid 1000 yuan to 5,000 yuan;
4. For the application for registration of maritime claims, each piece shall be paid 1000 yuan;
5. Apply for general average adjustment, and pay 1000 yuan per piece.
Seventeenth, the appeal of property cases, the case acceptance fee shall be paid according to the amount of appeal against the judgment of first instance.