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What conditions do the parties need to apply for retrial?

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What conditions do the parties need to apply for retrial?


        

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  • 2024-06-13 01:00:47

    What conditions do the parties need to apply for retrial?
    Article 200 of the Civil Procedure Law, if the application of a party meets one of the following circumstances, the people's court shall retry the case: (1) there is new evidence sufficient to overturn the original judgment or order; (2) The basic facts identified in the original judgment or ruling are lack of evidence; (3) The main evidence for finding the facts in the original judgment or ruling was forged; (4) The main evidence of the original judgment or ruling to determine the facts has not been cross examined; (5) The party concerned cannot collect the main evidence necessary for the trial of a case on his own due to objective reasons and has applied in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it; (6) There is definite error in the application of law in the original judgment or ruling; (7) The composition of the judicial organization is illegal or the judicial personnel who should withdraw according to law have not withdrawn; (8) A person without litigation capacity has not been represented by a legal representative in the litigation or a party who should participate in the litigation has not participated in the litigation for reasons not attributable to himself or his agent ad litem; (9) In violation of the provisions of the law, depriving a party of the right to debate; (10) The court makes a judgment by default without summoning; (11) The original judgment or ruling omitted or exceeded the claims; (12) The legal document on which the original judgment or ruling was made is revoked or changed; (13) The judges engaged in embezzlement, bribery, malpractice for personal gain and perverted the law when trying the case. Is there anything you don't understand?

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