Bringing a lawsuit is the first step of the whole litigation procedure, which indicates that the plaintiff has formally filed a lawsuit with the court and asked the court to try a specific dispute. The whole process of filing a lawsuit will be elaborated in detail below.
First, prepare the prosecution materials.
The plaintiff needs to prepare a complaint and relevant evidence materials before suing. The complaint shall specify in detail the basic information of the plaintiff and the defendant, the claims, facts and reasons, and the list of evidence. Evidence materials should be able to fully prove the plaintiff's claims, including but not limited to written contracts, transaction records, witness testimony, etc.
Second, submit the prosecution materials.
The plaintiff will submit the prepared indictment and relevant evidential materials to the court with jurisdiction. After receiving the materials, the court will conduct a preliminary examination to confirm whether the materials are complete and meet the conditions for filing a case.
Three. Court acceptance and filing
If the prosecution materials meet the requirements, the court will formally accept it and issue a notice of acceptance to the plaintiff. At the same time, the court will send the defendant a copy of the complaint and inform him of his right and time limit for reply. After receiving the copy of the indictment, the defendant needs to submit his own defense opinions and relevant evidence within the prescribed time limit.
Fourth, pay the litigation costs.
The plaintiff needs to pay the litigation fee according to the provisions of the court after filing the case. The amount of legal fees is determined according to the nature of the case, the amount of the subject matter and other factors. If the plaintiff fails to pay the litigation fee within the prescribed time limit, the court will dismiss the lawsuit.
Verb (abbreviation of verb) waiting for hearing notice
After the case is filed, the court will arrange the trial time according to the nature and complexity of the case. The plaintiff needs to pay close attention to the notice of the court and attend the trial on time. During the trial, the plaintiff needs to fully state his views and reasons and provide relevant evidence to support it.
To sum up:
Filing a lawsuit is an important link in the litigation procedure, and the plaintiff needs to prepare the prosecution materials and submit them to the court with jurisdiction. After accepting the case, the court will conduct a preliminary examination and notify the plaintiff to pay the legal fees. After filing the case, the plaintiff needs to wait for the notice of the court and attend the trial on time. In the whole process, the plaintiff should ensure the authenticity and integrity of the prosecution materials and fully exercise the litigation rights.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 123 stipulates:
The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.
People's Republic of China (PRC) Civil Procedure Law
Article 124 stipulates:
The complaint shall contain the following items:
(1) The name, sex, age, nationality, occupation, work unit, domicile and contact information of the plaintiff, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person;
(2) Information such as the name, gender, work unit and domicile of the defendant, and information such as the name and domicile of the legal person or other organization;
(3) the request and the facts and reasons on which it is based;
(4) Evidence and its sources, names and residences of witnesses.
People's Republic of China (PRC) Civil Procedure Law
Article 125 stipulates:
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.