1. What should the lawyer bring when he goes to the court to adjust the papers?
Lawyers need to submit lawyer's practice license, lawyer's affairs certificate and power of attorney when consulting the file. When handling a case, a lawyer may apply to the court or procuratorate for consulting and copying the case files.
When consulting the file, you need to submit the lawyer's practice certificate and the certificate and power of attorney issued by the law firm. The case file number of the case to be investigated. If there is no case file number, you should also know the exact name of the party and the year of the case judgment, which is convenient for the archives staff to find.
Power of attorney of both parties. If you refer to the cases you have represented, you only need the power of attorney of the litigation agent. If other cases need to be investigated, the client needs to sign a power of attorney separately.
II. Relevant legal provisions on the transfer of court files:
According to the Supreme People's Court's regulations on access to civil case materials by agents ad litem,
Article 1 Lawyers and other agents ad litem who represent civil litigation have the right to consult the relevant materials of the cases they represent. However, the agent ad litem's access to the case materials does not affect the trial of the case.
When an agent ad litem applies for retrial, he may consult the relevant materials that the case he represents has been tried and concluded.
Article 2 The people's court shall provide convenient conditions for agents ad litem to read papers and arrange places for reading papers. When necessary, the clerk or other court staff shall be present.
Article 3 If an agent ad litem needs to consult the relevant materials of this case in the course of litigation, he shall contact the clerk or judge of this case in advance; Consult the relevant materials of the cases that have been tried and concluded, and contact the staff of the relevant departments of the people's court.
Three, the court session is divided into five stages:
(1) Before the court session is announced, the clerk shall check whether the public prosecutor, the parties, witnesses and other participants in the proceedings are present, read out the court rules to the participants in the proceedings and observers, invite the presiding judge and judges to sit down, and report to the presiding judge that the preparations before the court session are ready.
(2) The presiding judge announces the court session and summons the parties to appear in court to find out the names, ages, nationalities, native places, places of birth, educational level, occupations and addresses of the parties. The date when the people's procuratorate received the copy of the indictment and the date when it received the incidental civil action, etc.
(3) The presiding judge announces the source of the case, the cause of action and whether the trial is held in public, and announces the reasons for not holding the trial in public.
(4) The presiding judge announces the list of members of the collegial panel, clerks, public prosecutors, defenders, agents ad litem, expert witnesses and translators, and informs the parties, legal representatives, defenders and agents ad litem of their legal rights in court proceedings, including: the parties and legal representatives have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, experts and translators.
The defendant has the right to defend himself and entrust others to defend him according to law; The parties and defenders may apply to the presiding judge for questioning witnesses and experts, or directly ask questions of witnesses and experts with the permission of the presiding judge. During the court hearing, the parties and defenders present evidence to prove the defendant's innocence, light crime or reduced or exempted from criminal responsibility, apply for notifying new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or investigation. With the permission of the presiding judge, the parties, defenders and agents ad litem may express their opinions and debate with each other on the facts of the case and relevant evidence. After the court debate, the defendant has the right to make a final statement.
(5) The presiding judge shall separately ask the parties and the legal representative whether to apply for withdrawal. If a party, legal applicant or public prosecutor who appears in court to support public prosecution withdraws, if the collegial panel considers that it meets the legal circumstances, it shall be handled in accordance with the relevant provisions of the Criminal Procedure Law; If it is considered that it does not meet the statutory circumstances, it shall be rejected in court and the trial shall continue.
To sum up, lawyers can adjust the volume in court, but they must meet the conditions stipulated by law. The court will accept and allow access to the relevant materials before adjusting the volume. So every step of the court has its legal basis. Whether it is a lawsuit or an investigation file, it is legal to follow the process stipulated by law.