1, sue, that is, file a complaint with a court with jurisdiction.
2. Filing a case for review
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.
3. Arrange the court session time
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
Court investigation: the parties state the facts of the case.
Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.
Extended data:
What are the conditions for not filing a civil case?
1, the plaintiff is unqualified. Plaintiff qualification means that the plaintiff should be a citizen, legal person or other organization that has a direct interest in the case.
2. There is no clear defendant. The so-called "clear defendant" means that the plaintiff must point out the person who infringes on his civil rights and interests or has a dispute with him in the prosecution, that is, the plaintiff must indicate who the defendant is with the correct name and address. If the defendant's name is wrong or his address is unknown or wrong after accepting the case, and the plaintiff cannot change or supplement it, the plaintiff's prosecution shall be rejected. What needs to be emphasized here is that the requirements for the defendant in the statutory prosecution conditions are not high. It only requires the plaintiff to clearly point out who is the infringer or the disputant, and does not require the accused person to be really the infringer or the disputant, that is, it does not require the accused person to be a qualified defendant.
Baidu encyclopedia-civil litigation