The people's court shall, within three months from the date of receiving the application for retrial, conduct a review, and if it meets one of the circumstances stipulated in Article 179 of this Law, order a retrial; If it does not conform to the provisions of Article 179 of this Law, the application shall be rejected. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
A case in which a party applies for adjudication for retrial shall be tried by a people's court at or above the intermediate level. Cases decided by the Supreme People's Court and the Higher People's Court for retrial shall be retried by this court or other people's courts, or by the people's court that originally tried them.
2. Format of retrial application
Applicant: Respondent: Applicant? Due to a dispute with the respondent, the Intermediate People's Court of XXX made a civil judgment of (XXXX) XXX final wordNo.. XXX, the applicant thinks that the judgment is XXXX (write your main reasons here), and now apply to your hospital for retrial. Request: 1, XXX2, XXX Facts and reasons: XXX to XXX Provincial Higher People's Court Applicant: Year? Month? sun
3. Legal procedures
1. When applying for retrial of a legally effective civil judgment, ruling or conciliation statement, the applicants for retrial shall be the parties in the original trial and their legal representatives, the people who bear the rights and obligations of the parties in the original trial and their close relatives.
If the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements of their own courts and think that a retrial is necessary, they shall submit them to the judicial committee for discussion and decision.
The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.
Two, the parties to the legally effective judgment or ruling that there is an error, you can apply to the people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Third, the application for retrial of a civil case is made in view of the fact that the legally effective judgment, ruling or conciliation statement of the people's court is indeed wrong, so the application for retrial of a civil case shall not exceed the request of the original trial.
During the trial of a civil retrial case, the applicant for retrial shall not change, add the claim or file a counterclaim (except that the original trial has been counterclaimed).
Four, the applicant for retrial to the people's court for retrial, the people's court for retrial of civil cases that meet the conditions. A civil case applying for retrial can only enter the retrial procedure and be put on file for retrial if it meets one of the retrial conditions stipulated in the first paragraph of Article 179 of the Civil Procedure Law of People's Republic of China (PRC).
Five, the parties to a civil case to apply for retrial, should be made within six months after the judgment or ruling has become legally effective.
Six, the parties shall not apply for a retrial of the legally effective judgment or mediation.
Seven, if a party applies for retrial, it shall submit an application for retrial and other materials. The people's court shall, within five days from the date of receiving the application for retrial, send a copy of the application for retrial to the other party. The other party shall submit written opinions within fifteen days from the date of receiving the copy of the retrial application; Failure to submit written opinions shall not affect the people's court's review. The people's court may require the applicant and the other party to supplement relevant materials and ask about relevant matters.
Eight, the people's court shall, within three months from the date of receipt of the application for retrial, review, in line with the provisions of this law, ruling for retrial; If it does not conform to the provisions of this law, the application shall be rejected. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
Nine, the retrial is still not satisfied, under any of the following circumstances, the parties may put forward procuratorial suggestions or protests to the people's Procuratorate:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling.
Extended data:
The law provides that:
The people's court shall retry:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(8) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.
(nine) in violation of the law, depriving the parties of the right to debate;
(ten) without a summons, the judgment is made by default;
(eleven) the original judgment or ruling omitted or exceeded the claim;
(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;
(thirteen) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.
Baidu Encyclopedia: Appeal