Guide to preparing for court in civil cases

Code of practice for ordinary procedure trial of first instance in civil litigation

I. Preparation and announcement of the hearing

1, pre-trial preparation. The clerk shall arrive at the court in advance and make the following pre-trial preparations:

(1) Announce: Please take your seats. Check the appearance of the participants in the proceedings. If one of the parties fails to appear in court, it shall immediately report to the presiding judge for handling.

(2) Announcement: Participants are required to show their identity documents. Check the identity of the participants before arriving at the case. If witnesses, expert witnesses, inspectors, inspectors and people with special knowledge (hereinafter referred to as "experts") are confirmed to appear in court, they should also be asked to leave the court after checking their identities and wait for summoning.

(3) Verify the receipt of litigation materials such as the notice of litigation rights and obligations of the parties, the notice of litigation risk, the notice of proof, the notice of informing the members of the trial court, the summons, the notice of hearing, and the indictment.

(four) if the hearing is held in public, it should be checked whether the personnel attending the hearing are appropriate and whether there are reporters to conduct on-site interviews. If minors (except those approved), mental patients, drunkards and other people who are not suitable to attend the court are found, they should be asked to withdraw from the court. If you find a reporter appearing in court for an interview, you should confirm whether you have gone through the examination and approval procedures. Without approval, no recording, video recording or photography is allowed; However, journalists should be allowed to participate in auditing and recording as observers.

2, announced the rules of the court and the court discipline. The clerk announced that the court rules and court discipline are now announced. The specific contents of court rules and court discipline shall be subject to the relevant provisions of the Rules of Court. In addition, it can be specially reminded that all personnel should turn off the ringtones of mobile phones and pagers.

3. The judge enters the court and reports the preparation before the trial. The clerk announced: all rise! Then lead the presiding judge and judges (people's jurors) into the court. After the judge was seated, the clerk announced: Please sit down. If a judge enters the court while the clerk is preparing or announcing the court discipline, the clerk should stop what he is doing and preside over the judge's entrance ceremony before continuing his work. After the preparatory work is ready, report the preparatory work before the trial to the presiding judge:

(1) The litigants appearing in court are:

(2) Other participants in court proceedings are:

(3) News organizations and journalists who are approved to appear in court for interviews are: finally, the clerk reports that the court is ready and asks the presiding judge to preside over the trial.

4. Check and confirm the identity of the participants in the proceedings. On the basis that the clerk has checked the identity of the participants in the proceedings, the presiding judge may simply check it. After consulting the opinions of all parties, whether there is any objection to the identity of the other court personnel. After the two sides confirmed that there was no disagreement, they declared that the participants in the proceedings were in compliance with the law and allowed to participate in the trial activities of this case.

5. announce the trial. The presiding judge first sounded the gavel, and then solemnly announced that the people's court is now in session!

6, announced the name of the case, the cause of action, trial procedures and methods. Announcing the name of the case: our court is now hearing the case of plaintiff XXX v (and) defendant XXXX and the third party XXX (cause of action). Announcement of cause of action: Plaintiff XXX filed a lawsuit in our court on, for the dispute in this case; Our court decided to accept the case on (acceptance time). If there are additional parties, extend the trial period and convene a pre-trial court. , should be explained together. If this case is a retrial case or a joint trial case, it should also be explained. Methods and procedures for announcing the trial: According to the relevant provisions of Chapter XII "Ordinary Procedure of First Instance" of the Civil Procedure Law of People's Republic of China (PRC), our court held a public hearing in accordance with the ordinary procedure of first instance. If the hearing is not held in public, the reasons shall be explained.

7. Introduce the judges. The presiding judge announced that after accepting the case, the court will form a collegial panel according to law. The names of the members of the collegial panel and the clerk have been notified to all parties. Then introduce the members of the collegiate bench and the clerk in detail, and explain their basic duties.

8, inform the litigation rights and obligations, and refer to the application for withdrawal. Before the trial, the notice of rights and obligations of the parties was served to all parties, and the presiding judge asked all parties one by one: Do you know your rights and obligations in the lawsuit? After the parties confirmed their knowledge of litigation rights and obligations, the presiding judge asked the parties one by one: Do you want to apply for the withdrawal of the members of the collegiate bench and the clerk? Once a party applies for withdrawal, it shall be required to explain the reasons. If both parties give a legitimate reason for withdrawing the lawsuit, the court does not need to examine whether the reason constitutes an immediate adjournment. If the parties confirm that they do not apply for withdrawal, they may continue the trial.

Legal basis:

Article 125 of the Civil Procedure Law, 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.

Article 126 of the Civil Procedure Law, the people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.

Article 127 of the Civil Procedure Law: After the people's court accepts the case, if the parties have objections to the jurisdiction, they shall raise them during the period of submitting the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected. If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court against whom the lawsuit is filed has jurisdiction, except those that violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.

Article 128 of the Civil Procedure Law After the members of the collegial panel are determined, the parties concerned shall be informed within three days.

Article 129 of the Civil Procedure Law A judge must carefully examine the litigation materials and investigate and collect necessary evidence.

Civil Procedure Law Article 130 When the people's court sends personnel to investigate, they shall show their certificates to the person under investigation. After the investigation record is reviewed by the respondent, it shall be signed or sealed by the respondent and the investigator.

Article 131 the people's court may entrust a foreign people's court to investigate when necessary. The entrusted investigation must put forward clear items and requirements. The entrusted people's court may take the initiative to supplement the investigation. The entrusted people's court shall complete the investigation within 30 days from the date of receiving the power of attorney. If it cannot be completed for some reason, it shall notify the entrusted people's court by letter within the above-mentioned time limit.