The civil case trial process

 

Pretrial preparation

A secretary.Now identify the parties and participants in the proceedings in court cases. The plaintiff and the agent is present? Whether the defendant to appear in court?

The plaintiff, the defendant:Be present in court.

A secretary.All rise. Please the collegial panel into the court.

Trial 1:Sit down, please.

A secretary.(don't sit) report of the presiding judge, plaintiff Kang Shaohua and his agent, the defendant Xinle City Power Supply Bureau and Dong Tian Cun Cun Wei Hui and the agency have to appear in court, the court preparations have been completed, can the court. (the presiding judge nodded clerk SAT)

(the percussion hammer)

Trial 1:Now announced the court, now check the parties, the plaintiff to the court to report your name, age, nationality, date of birth, work unit, job and home address.

Plaintiff.                                                              

Trial 1:The plaintiff attorney report to your name, to the court work, duties and authority.

The original (lawyer):                                                       

Trial 1:The defendants to the court reporting your name, age, nationality, date of birth, work unit, job and home address.

Defendant.                                                                       

Trial 1:The defendant attorney report to your name, to the court work, duties and authority.

Be (lawyer):                                       

Trial 1:The plaintiff to the defendant to appear personnel have no objection?

Plaintiff.No objection

Trial 1:The defendant to appear in court personnel have no objection?

Defendant.No objection

Trial 1:The plaintiff, the defendant and the contents of the two sides commissioned agent to the court and litigation subject qualification report submitted to the proof and the power of attorney is consistent, both client and agent to participate in litigation legal qualification, permit.

Trial 2:

Trial 1:The rights and obligations of the applicant to hear?
The original: hear clearly

Trial 1:Whether the defendant to hear?
Be:Hear clearly.

Trial 1:The members of the collegial panel and clerk whether to apply for withdrawal?

The original:Do not apply

Trial 1:The members of the collegial panel and clerks are proposed to apply for withdrawal?

Be:Do not apply.

 

The court investigation:

Trial 1:Now the court investigation, court investigation is focused on both sides of the controversial facts. The parties have the responsibility to provide evidence in support of their claims, the claims of the other side of the counter, it shall explain the reason. The statements of the parties should be based on the facts of the dispute and litigation request, have direct contact with the content of the case, first by the plaintiff's claims and reasons.

The original (lawyer): 

Trial 1:Now by the defendant.

Be (lawyer):

The 1: the plaintiff claims, facts, reasons for no change or supplement?

The original:

The 1: the defendant for defense opinions without any modification or supplement?

Be:

The 1: the plea opinions more, this court finds that the facts are agreed: 123 the tribunal to confirm, both sides without evidence and argument. The focus of dispute with 123 , the focus of this court concluded with no objection?

The original:

The 1: the focus of this court concluded with no objection?

Be:

The 1: the following supplementary investigation, the plaintiff, what are the heirs of Kang Jianlong?

The original:

1: the end of trial court investigation

 

Court testimony

The 3: now the original, accused both sides will submit evidence exchange program in the evidence for cross examination.

The 3: the evidence?

Original: -- -- -- -- evidence, proof, -- -- -- --
    Evidence two, -- -- -- -- -- -- --, proof

The 3: Please bailiffs transfer

The 3: Please bailiffs to the defendant.

The 3: please submit court bailiff.
The 3: the defendant to see whether the evidence confirmation? Be: -- -- -- --

The 3: the evidence? Be: -- -- --

The 3: Please bailiffs transfer

The 3: please confirm to the bailiff.

The 3: please submit court bailiff.

The 3: the plaintiff to see whether the evidence confirmation? Original: -- -- -- -- --

The 3 plaintiffs have no witness to testify in court,

Plaintiffs' attorneys there

The 1: witness to appear in court

Trial 1; witness name, sex, age, occupation, place of residence, and the relationship between you?

Witness: (omitted)

Trial 1; according to the "PRC Civil Procedure Law" article seventieth, the provisions of article 102nd hereof, units and individuals who have knowledge of the truth of the case, have the obligation to testify. Forgery, concealment, destruction of evidence or perjury, should bear the legal responsibility. The witness hear clearly?

The witness; hear clearly,

The trial (1; according to witnesses objective to inquire)

The trial of the 1; the plaintiff if you need to question the witness?

The plaintiff agents need. (question (slightly) to stop the plaintiff trivial issues)

I asked.

The trial of the 1; the defendant whether you need to question the witness? (to stop the defendant trivial issues)

The accused agent; need. (Q omitted)

I asked.

Trial 1; witness, you just answer is true /

The witness is true /

The 1 witness adjourned

The trial of the 1 defendants had no witness to testify in court; or

The accused agent;

The 1: the evidence confirmation

 

The court debate

The 2: according to the "PRC Civil Procedure Law" provisions of article 127th, now in court.
   The plaintiff argued opinions? (or the plaintiff agents published agents)
Original: -- -- -- -- --
The 2: the Xinle City Power Supply Bureau, whether the respondent?Be: -- -- -- --

The 2 plaintiffs whether the respondent?The original:

The 2: whether the defendant has new supplement?Be:

The 2: the plaintiff when a new supplement?The original:

The 2: the East Village are to respond to a defendant Xinle city views?  Is east:

The 2: the Xinle City Power Supply Bureau, whether the respondent? Powered by:

The 2: Dong Tian Cun Wei Hui is whether a new supplement? Is east:

The 2: Xinle City Power Supply Bureau whether new supplement?Powered by:
The 2: the defendant to the plaintiff Dong Tian Cun Wei Hui whether debate comment?
By: -- -- -- -- -- East

The 2: whether the plaintiff defendant? Original: -- -- -- -- --

The 2: is east to whether new supplement?Be:

The 2: whether the plaintiff has new supplement?The original:

The 2: the Xinle City Power Supply Bureau of a debate Xinle city:

The 2: whether the plaintiff defendant?

......

The 2: the Dong Tian Cun Wei Hui a debate?Is east:

The 2: whether the plaintiff defendant? The original:

......

The 2: the court debate over.

 

The court mediation

The following 3: according to the "PRC Civil Procedure Law" provisions of article 128th, before the decision to mediate, shall carry out mediation, the court mediation process, the two sides should be based on the provisions of the law, to carry out consultation. Whether the plaintiff request mediation?

Original: don't request mediation.

The 1: because of the original, the defendant differences larger, unable to reach an agreement, the collegial panel did not organize mediation. The collegial panel of the case for a 10 minute recess for review.

Clerk: stand up, please judge, the judge adjourned.

 

 Comment sentence

 The 1: now the trial continues, the collegiate collegiate bench, the plaintiff in Kang Shaohua v. the defendant Xinle City Power Supply Bureau and Dong Tian Cun Cun Wei Hui management of power facilities to the plaintiff improper child death damage compensation case sentence, all rise!

Civil judgment

(2009) built at the beginning of the word no. eleventh

Plaintiff.                  

Principal agent:                    

Defendant.                                      

Plaintiff          And the defendant                                        In one case, the court, a collegial panel, the case was heard in public.Plaintiff    Agent    And the defendant    To take part in the proceedings. Now the trial has been closed.

The hearings,                                                                                                    

                                                                

                                                                

                                                                                                 The above facts                                                           

This house believes that,                                                       

 

Therefore, in accordance with the                             Regulation, the decision as follows:           

Defendant                                                              

Defendant                                                                        

The case acceptance fee of 50 yuan, other litigation costs 100 yuan, by       Burden.

Any party who refuses to accept the decision, the verdict can be delivered within 15 days from the date of the petition, and the number of copies to the other party, appeal to Province The Municipal Intermediate People's court.

Judge: Hai Yushu              

Judge: Gao Yajing

Judge: Xu Qingru

Clerk: Li Zhaoyuan

2009    MonthDay

 

 

 

 

 

 

 

 

                                         Shijiazhuang Yuhua District People's court

                                         Years       Month     Day