In legal practice, enterprises may face the situation that the court judgment needs to be revoked. This usually occurs when there is an obvious error in the judgment or the procedure is improper. How an enterprise correctly applies for revoking a judgment document is not only related to the legitimate rights and interests of the enterprise, but also involves the rigor of legal procedures. This article will elaborate on the writing methods and precautions of the application for revocation of corporate judicial documents.
1、 How to write the application for cancellation of enterprise judgment documents
Before writing the cancellation application, the enterprise needs to clarify several key prerequisites:
1. There is an error in the judgment
The direct reason for applying for revocation is that the original judgment has obvious errors, which may include errors in fact determination, errors in the application of law or illegal procedures.
2. Timeliness requirements
According to relevant laws and regulations, there is usually a time limit for applying for revocation of the judgment, and enterprises need to apply within a certain time from the date of delivery of the judgment.
3. Statutory causes
The application for cancellation needs legal and legitimate reasons, such as the emergence of new evidence, the violation of the original trial procedure, etc.
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2、 What is the procedure for revoking a court judgment
The revocation of a court judgment is a formal legal procedure, and the specific steps are as follows:
1. Prepare materials
The enterprise needs to prepare, including but not limited to copies of the original judgment, evidence materials, legal documents, etc.
2. Write the application
The application is the key to the cancellation procedure, and it needs to elaborate the reasons, basis and request for cancellation.
3. Submit application
Submit the application and relevant materials to the original court or superior court.
4. Court acceptance
After reviewing the application materials, the court decides whether to accept the cancellation application.
5. Hearing
If the court accepts the application, it will arrange a hearing. During the hearing, the enterprise needs to provide sufficient evidence to support its claim.
6. Court ruling
After the trial, the court will decide whether to revoke the original judgment according to the trial situation.
When an enterprise applies for revoking a judgment document, it must strictly follow the legal procedures to ensure the accuracy and legitimacy of the content of the application. A detailed and logical cancellation application can improve the possibility of the court accepting the application and win the opportunity for the enterprise to obtain legitimate rights and interests.
Recommended reading:
How to query the system for enterprise judgment documents? What can be found on the China Judgement Document Network?
Can enterprise judgment documents be deleted? Where can I check the judgment documents of the enterprise's executors?
How to handle the certificate of enterprise administrative punishment? What is an administrative penalty?
