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As the defendant's entrusted agent, what should I submit when I appear in court?

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As the defendant's entrusted agent, what should I submit when I appear in court?


        

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  • 2024-06-18 22:00:01

    If you entrust others to act on your behalf in litigation, you must submit a power of attorney signed or sealed by the trustor to the people's court. The power of attorney must indicate the entrusted items and authority. The agent ad litem must have the special authorization of the client to admit, abandon or change the claim, settle the dispute, and file a counterclaim or appeal. The power of attorney mailed or entrusted by citizens of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country stationed in that country that has diplomatic relations with the People's Republic of China, and then transferred to the embassy or consulate of the People's Republic of China stationed in that third country for certification, or by the local patriotic overseas Chinese organization.

    According to the provisions of the Civil Procedure Law, the parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: 1. lawyers, grass-roots legal service workers 2. close relatives or staff members of the parties; 3. Citizens recommended by the communities, units and relevant social organizations of the parties concerned. Because the parties, legal representatives and legal representatives of civil cases have the right to participate in litigation activities according to law. If they cannot participate in the litigation in person or need legal help from others, they can entrust agents to participate in the litigation, but this will not lose their right to participate in the litigation in person. For divorce cases, after an agent has been entrusted, he/she should also appear in court to exercise his/her rights in person.

    To sum up, have your questions been answered!

    Legal basis

    Article 58 of the Civil Procedure Law stipulates that organs and relevant organizations may bring a lawsuit to the people's court for acts that damage social and public interests, such as environmental pollution, infringement of the legitimate rights and interests of many consumers, etc.
    If the People's Procuratorate finds that in performing its duties, it damages the ecological environment and resource protection, infringes on the legitimate rights and interests of many consumers in the field of food and drug safety and other acts that damage social and public interests, it may bring a lawsuit to the People's Court if there is no organ or organization specified in the preceding paragraph or if the organ or organization specified in the preceding paragraph does not bring a lawsuit. If an organ or organization mentioned in the preceding paragraph brings a lawsuit, the People's Procuratorate may support the prosecution.

    Article 61 of the Civil Procedure Law, the parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem: (1) lawyers, grass-roots legal service workers; (2) Close relatives or staff members of the parties; (3) Citizens recommended by the communities, units and relevant social organizations of the parties concerned.

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