Clerk: The plaintiff, the defendant and their entrusted agents are invited to appear in court.
Did the original defendant appear in court?
Defendant: Appear in court.
Clerk: Did the defendant's agent ad litem appear in court?
Agent ad litem of the defendant in the original trial: appear in court.
Clerk: Please be quiet. Now we declare the court discipline:
1. During the trial of the case, the communication tools such as pagers and mobile phones should be turned off;
2. Without permission, no audio recording, video recording or video recording is allowed. If you can take pictures with permission, no flash is allowed;
3. Do not walk around and enter the test area at will;
4. Do not ask questions, ask questions, applaud, make noise, make trouble or commit other acts that hinder judicial activities;
5. Take care of the court facilities, keep the court clean, and do not smoke or spit anywhere;
6. If an observer violates the rules of the court, the presiding judge may, with the approval of the presiding judge, verbally warn, admonish, confiscate audio, video and photographic equipment, order him to leave the court, or impose a fine or detention; Disrupting the court order, insulting, slandering, threatening, beating judges and other serious disturbances to the court order, shall be investigated for criminal responsibility according to law;
7. Citizens who have opinions or suggestions on the trial of the case may submit them to the court in writing after the court adjourns.
Observers must strictly abide by the above court rules.
(3) All the people stood up and invited the presiding judge and judges to appear in court.
(The presiding judge enters in turn)
(4) Report to the presiding judge (before going to the presiding judge) that the parties are in court, and the court is ready to open the court. Now it can open the court (return to the seat).
Presiding Judge: Thank you, clerk. You are all seated.
Presiding Judge: Now, the trial begins. First, check the identity of the parties. The plaintiff should report your name, age, nationality, date of birth, work unit, position and home address to the court.
Plaintiff: My name is Zhang, male, born in1984165438+10, Han nationality, and now I live in Wujiatian, Yangluo Street 146, Xinzhou District, Wuhan.
Presiding Judge: The plaintiff entrusts an agent to report your's name to the court, explaining your's work unit, position and agency authority.
Authorized Agent: Zhou, lawyer of Hubei Gantai Law Firm, with full authority.
Presiding Judge: The defendant reports your name, age, nationality, date of birth, work unit, position and home address to the court.
Defendant: Wuhan Sanxing Textile Co., Ltd., domicile: Yangluo Street Industrial Park, Xinzhou District, legal representative: Wang Ying, board chairman of the company.
Presiding Judge: The defendant entrusts an agent to report your's name to the court respectively, explaining your's work unit, position and agency authority.
Authorized Agent of the defendant: Peng, lawyer of Hubei Pingyuan Law Firm, and entrusted agent.
Trial: plaintiff, do you have any objection to the identity of the defendant and his agent ad litem?
Plaintiff:No..
Trial: defendant, do you have any objection to the identity of the plaintiff and his agent ad litem?
Defendant:No..
Presiding Judge: Upon examination, the identity and authorization authority of the above-mentioned parties and agents ad litem are consistent with the procedures handled before the court session. If the parties have not raised any objection, their qualification for appearing in court is valid. They are allowed to take part in the proceedings, and the trial is now in session. (tapping the gavel)
Presiding Judge: According to the provisions of Article 40 (1) and Article 120 of the Civil Procedure Law of People's Republic of China (PRC), the Xinzhou District People's Court of Wuhan held a public hearing today to hear the dispute between the plaintiff Zhang and the defendant Wuhan Sanxing Textile Co., Ltd. ... The members of the collegial panel are announced as follows. In this case, () is the presiding judge, () is the judge, () is the collegial panel, and the clerk () is the court record.
Presiding Judge: I will inform you of my rights and obligations.
According to the provisions of Articles 50, 51, 52 and 107 of the Civil Procedure Law of People's Republic of China (PRC), the parties in civil litigation have the following litigation rights and obligations:
1, the right to state and defend the facts of the case;
2. The right to entrust an agent to collect, provide evidence, debate, request mediation, appeal and apply for enforcement;
3. The plaintiff can give up or change the claim, and the defendant can admit and refute the plaintiff's claim and have the right to file a counterclaim;
4. Both parties must enjoy the rights of criminal proceedings in accordance with the law, abide by the rules of procedure, and shall not speak without the consent of the presiding judge;
5. If the plaintiff withdraws from court without the permission of the court, it can be treated as a lawsuit, and if the defendant withdraws from court without the permission of the court, it can be judged by default;
6. Both parties have the obligation to consciously perform the legally effective judgments, rulings and conciliation statements, and pay the litigation fees as required.
Are the original defendant and the defendant clear about the litigation rights and obligations of both parties?
Plaintiff: Innocent.
Defendant: Not guilty.
Presiding Judge: According to Articles 45 and 46 of the Civil Procedure Law of People's Republic of China (PRC), the parties have the right to apply for withdrawal. If a judge has the following three circumstances, which may affect the fair trial of a case, the parties have the right to apply for his withdrawal orally or in writing: 1, the parties to this case or the close relatives of the parties or agents ad litem; 2. Interested in the case; 3. Having other relations with the parties to the case, which may affect the fair trial of the case. The application for withdrawal shall be filed before the court session; In the course of the trial, if you know something that needs to be avoided, you should raise it before the end of the court debate and explain the legitimate reasons to the court.
Presiding Judge: Plaintiff, do you ask the collegial panel and the clerk to withdraw?
Plaintiff: No application.
Presiding Judge: Did the defendant apply for withdrawal?
Defendant: No application.
Second, the court investigation stage
Trial: The trial is divided into four stages: court investigation, court debate, court mediation and court verdict. The following is a court fact-finding. The parties have the responsibility to provide evidence for their own claims, and shall explain the reasons for refuting the other party's claims. First, the plaintiff states the facts, claims and reasons.
Plaintiff:
Litigation request:
1. According to the law, the defendant was ordered to pay the plaintiff a one-time disability allowance of 22,000 yuan, a one-time medical allowance of 35,928 yuan, a one-time disability allowance of 265,438 yuan +0.65438 yuan, a one-time assistive device fee of 422,400 yuan, a hospital food allowance of 65,438 yuan +0.050 yuan, a salary of 8,800 yuan during paid shutdown, and labor ability.
The legal costs of this case shall be borne by the defendant.