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How to Lawsuit for Vehicle Traffic Accidents in Huaihua

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How to Lawsuit for Vehicle Traffic Accidents in Huaihua


        

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  • 2024-07-02 05:01:41

    1. Submit the petition to the filing court of the court with jurisdiction
    2. Case filing review
    If the conditions for filing are met, notify the parties to pay the legal fees within 7 days. After paying the fees, the case will be filed. If the conditions for filing are not met, the ruling will not be accepted, the ruling will reject the lawsuit, and the appeal will be filed with the people's court at a higher level within 10 days.
    The court shall serve a copy of the statement of complaint to the other party within 5 days after the acceptance, and the other party shall reply within 15 days to notify the party to exchange evidence. The party may make a property preservation ruling according to the party's application, and immediately start the execution of the scheduled hearing. The court shall notify the party of the time and place of the hearing and the case handler to make a public announcement 3 days in advance.
    3. Hearing
    Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, ask whether to apply for withdrawal from the court investigation: the parties state the facts of the case, provide evidence and cross examine evidence: inform the rights and obligations of witnesses, witnesses give testimony, read out the testimony of witnesses who are not in court, and show documentary evidence The parties to the physical evidence and audio-visual materials express their opinions on the evidence materials. Court debate: the parties argue and demonstrate court mediation on the disputed facts and legal issues.
    4. Mediation
    Under the auspices of the court, both parties agreed to resolve the dispute and reached a mediation agreement to prepare a mediation statement. After the parties signed and received the mediation statement, it became effective. The parties fulfilled the contents of the mediation statement or applied for execution. The court told the court to apply for retrial. No mediation agreement was reached. The collegial panel reached a collegial panel to make a ruling (pronounced a judgment) Agree that the parties to the judgment will automatically perform the obligations specified in the judgment document or apply to our court for enforcement. Disagree with the judgment: appeal to the people's court at a higher level within 10 days of service; appeal to the people's court at a higher level within 15 days of service.
    The appeal shall be submitted to the court undertaker, and the appeal fee shall be paid as required. The court shall serve a copy of the appeal petition to the other party within 5 days, and the other party shall defend the second instance hearing within 15 days to maintain the original judgment and change the judgment. After the retrial, the party shall automatically perform the obligations specified in the judgment document or apply to our court for enforcement, The party who applies for retrial to the superior people's court for filing a case in the second instance does not accept the judgment or ruling of the court of first instance, and appeals to the court of first instance or the superior people's court within the statutory time limit.
    The court of second instance reviewed the appeal materials and files transferred by the court of first instance, met the conditions, and gave the ruling of putting on record evidence to exchange appeals; it also told the court to open the court session of the judgment that the appeal will be decided directly after the review (the case facts are basically clear, and the court session may not be held, but must talk with both parties) to notify the parties 3 days in advance of the time, place The case that the undertaker tried in public was announced three days in advance to be transferred to the trial court for hearing. The hearing was announced, the identity of the parties was checked, the members of the collegial panel were announced, the rights and obligations of the parties were informed, and whether to apply for withdrawal from the court investigation was asked: the parties stated the facts of the case, adduced evidence and cross examined evidence: the rights and obligations of the witnesses were informed, the witnesses gave testimony, read out the testimony of the witnesses who did not appear in court, and produced documentary evidence The parties to the physical evidence and audio-visual materials express their opinions on the evidence materials. Court debate: the parties argue and demonstrate court mediation on the disputed facts and legal issues.
    Under the auspices of the court, the parties agreed to resolve the dispute and the collegial panel made a ruling to maintain the original judgment, change the judgment and send it back to the retrial, and declared that the parties would automatically perform the obligations specified in the judgment document or apply to the court of first instance for execution. The court of second instance told the court to submit written complaint materials to the court of second instance to apply for retrial. A mediation agreement was reached and a mediation agreement was made. The mediation agreement came into effect after the parties signed for it.

    One***

    2024-07-02 05:01:41

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