First, the procedure of first instance in civil litigation
1. Prosecution, that is, filing a complaint with the court with jurisdiction.
2. If the filing examination meets the conditions for filing, notify the parties to pay the legal fees within 7 days, and file the case after paying the fees; If it does not meet the conditions for filing a case, it will be ruled inadmissible. If you are dissatisfied with the decision to dismiss the prosecution, you shall appeal to the higher people's court within 1 days.
after accepting the case, the court 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 the parties to exchange evidence. According to the application of the parties, the court can make a ruling on property preservation and immediately start execution.
3. notify the parties of the time, place and undertaker of the court session three days in advance; The public hearing of the case will be announced 3 days in advance.
4. announce the opening of the court session, 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 from the court investigation: the parties state the facts of the case.
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, material evidence and audio-visual materials; Both parties express their opinions on the evidence materials.
court debate: the parties argue and demonstrate disputed facts and legal issues.
court mediation: under the auspices of the court, the two parties agree to solve the dispute. If a mediation agreement is reached, a mediation agreement is made, which will take effect after both parties sign it, and the parties perform the contents of the mediation agreement or apply for execution; If no mediation agreement is reached, the collegial panel shall make a verdict (verdict).
5. When the judgment is pronounced and the judgment is agreed, the parties automatically perform the obligations specified in the judgment documents or apply to the court of our hospital for execution;
if you disagree with the judgment, you need to treat it differently according to the situation: ruling: appeal to the higher people's court within 1 days from the date of service; Judgment: appeal to the higher people's court within 15 days from the date of service.
Second, the procedure of second instance in civil litigation
1. If a party on file refuses to accept the judgment or ruling of the court of first instance, he 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 examines the appeal materials and files transferred by the court of first instance, and if they meet the requirements, it shall file a case. Evidence exchange.
The ruling or judgment of the appeal shall be made directly after being reviewed by the court.
2. hearing (the facts of the case are basically clear, so it is not necessary to hear the case, but it is necessary to talk with both parties), and notify the parties of the hearing time, place and undertaker three days in advance;
cases that are tried in public shall be announced 3 days in advance; Transfer to the trial court for trial.
announce the court session, 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, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, material evidence and audio-visual materials;
both parties express their opinions on the evidence materials; Court debate: the parties argue and demonstrate disputed facts and legal issues;
court mediation: under the auspices of the court, both parties agree to resolve disputes;
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 perform the obligations specified in the judgment document 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 both parties sign it.