The possibility of increasing the retrial litigation request

   The retrial procedure increased litigation request, as long as with the original claim is the continuity of the same request based on the fact of infringement, the request and the original claim in nature as, in accordance with the relevant laws and judicial interpretations, may be tried together; the court should adjudicate, and allow the merger trial will save the litigation cost, saving the judicial resources, comply with the "Civil Procedure Law" is the principle.

   "Civil Procedure Law" forty-first article: "- the remand of the case, the people's court shall, in accordance with the procedure of first instance shall form a collegial panel." Article 126th: "the plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, may adjudicate." The Supreme People's court "several regulations about the civil action evidence" of the thirty-third: "the people's court shall be served notice to the parties in the burden of proof on the case acceptance notice and notice of responding to action at the same time. Notice of proof shall be stated principles and requirements of distribution of burden of proof, the people may apply to the people's court investigation, court case proof period case designated and provide evidence according to the legal consequences of overdue. The time limit for adducing evidence can be negotiated by the parties concerned, and accepted by the people's court. Designated by the people's court proof deadline, the deadline specified is not less than thirty days, since the client receives the case after notice and notice of accepting computation." Article thirty-fourth: "the parties shall submit the evidence materials in the people's court within the time limit does not submit the proof, the parties within the specified time period, regarded as giving up the right to. The evidence submitted by the parties, the people's court without organization quality certificate. But the consent of the other party except the quality of evidence. The increase, modify the claim or counterclaim, should put in evidence before the expiration of the term." Sichuan Provincial Higher People's court "on the norms of civil burden of proof, cross examination and authentication opinion (Trial)" (2005 August December 1st) eleventh: "the case was remanded to the trial court shall, in accordance with the ordinary procedure of first instance for the specified time limit to the burden of proof. The parties to submit evidence within the time limit for adducing evidence review, without the evidence and submit the proof period new evidence conditions."

   Retrial for a new trial procedure, the plaintiff may increase or modify claims, including the original trial evidence after the expiry of the fact that an appeal, but increased litigation request and shall have the same litigation request properties. The new provisions shall apply to claims of time limit for adducing evidence. To increase the litigation request hearings should be with the original joinder of claims. The case is the court of second instance retrial, the trial procedures to be destroyed, the parties in the retrial increase, modify the claim and counterclaim, the court should according to the procedure of first instance for the parties to re specify the time limit for adducing evidence.