Can the other party's counterclaim of the plaintiff's lawsuit fee be halved?
According to the provisions of article 18 of the "Rules for the payment of litigation fees", if the defendant filed a counterclaim and the people's court decided to combine the trial, the litigation fees for this lawsuit and the counterclaim would be reduced by half respectively. Therefore, when the other party countersued, the legal fees for the original and counterclaims could be halved. The original intention of this regulation was that in the case of the joint trial of the main and counterclaims, the original two lawsuits should pay the legal fees in full, but the joint trial only occupied the judicial resources of one lawsuit and saved the resources of one lawsuit. Therefore, the principle of filling in was adopted to reduce the legal fees of the joint trial by half. Specifically, the main and counterclaims were halved. From the perspective of the grammar of the text, the relevant expression in article 18 should also be understood as the legal fees for the original and counterclaims were halved respectively. Read more exciting novels for free
Is the defendant's counterclaim still useful after the plaintiff withdraws the lawsuit?
The defendant had to file a counterclaim before the deadline to protect the plaintiff's right of defense and to determine the dispute before the court session. A counterclaim was an independent claim made by the defendant. Therefore, even if the plaintiff withdrew the lawsuit, the defendant's counterclaim could still continue and would not be invalid or terminated because of the withdrawal of the lawsuit. However, if the case is determined after the case is filed and the plaintiff withdraws the lawsuit before entering the entity trial, the counterclaim cannot be accepted as a counterclaim. If the party continues to insist on the counterclaim, he can file a lawsuit to the people's court with jurisdiction. After the case has entered the trial stage, when the plaintiff withdraws the lawsuit, the people's court shall make a ruling on the part of the lawsuit and allow the plaintiff to withdraw. The counterclaim shall continue to be heard and be judged according to law. The defendant also has the right to withdraw the counterclaim. If the defendant applies to withdraw the counterclaim, the people's court shall allow it. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
What if the original plaintiff withdraws the lawsuit after the counterclaim?
In a civil case where the defendant filed a counterclaim, if the plaintiff withdraws the lawsuit, the people's court shall make a ruling on the part of the lawsuit, allowing the plaintiff to withdraw the lawsuit, and continue to hear the counterclaim and make a judgment according to law. Because a counterclaim was an independent claim made by the defendant, it was independent of the complaint and could exist independently. The parties to this lawsuit and the counterclaim have equal litigation rights. The plaintiff has the right to withdraw the lawsuit, and the defendant also has the right to withdraw the counterclaim. If the defendant applies to withdraw the counterclaim, the people's court shall permit it. However, although the plaintiff withdrew the lawsuit during the trial of the case, since the counterclaim originated from the lawsuit, the counterclaim could still be tried within the scope of the lawsuit after the withdrawal of the lawsuit. Moreover, the claim made by the counterclaim plaintiff based on the counterclaim should be related to the lawsuit and should not exceed the scope of the lawsuit. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Can the plaintiff countersue after withdrawing the lawsuit?
If the plaintiff had already sued and withdrawn the lawsuit, the defendant could file a counterclaim. After the lawsuit was withdrawn, the court would usually allow the defendant to withdraw the counterclaim. Because withdrawing the lawsuit is the right of the parties involved, the parties involved in this lawsuit and the counterclaim have equal litigation rights. Since the withdrawal of this lawsuit is not illegal, the counterclaim plaintiff (i.e., the defendant of this lawsuit) does not need to review the withdrawal of the counterclaim, and the court should allow it. Moreover, the withdrawal of this lawsuit did not affect the hearing of the counterclaim. Although this lawsuit and the counterclaim are related, they are independent of each other. After the counterclaim is raised, it will not be extinguished because of the withdrawal of this lawsuit. On the one hand, the counterclaim was independent. After it was filed according to the requirements of the lawsuit, it had its own independence, and it was reasonable for the court to continue hearing it. On the other hand, the counterclaim had a certain degree of dependence on the lawsuit. After the lawsuit was withdrawn, the counterclaim would lose its targeting but become a special form of lawsuit, and the court should continue hearing it. Moreover, from the relevant legal provisions, it could be inferred that the counterclaim and this lawsuit did not have to be jointly tried. The counterclaim could be tried separately. After the lawsuit was withdrawn, the rejection of the counterclaim would lead to unresolved contradictions and increase the burden of the lawsuit. In addition, after the withdrawal of this lawsuit, the trial of the counterclaim will continue to use the case number of this lawsuit. However, the counterclaim originated from the main action. After the main action was withdrawn, the counterclaim would continue to be tried within the scope of the involvement of the main action. The claim based on the counterclaim should be related to the main action and should not exceed the scope of the main action. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Can the defendant countersue after the plaintiff withdraws the lawsuit?
After the plaintiff withdrew the lawsuit, the defendant could not raise a counterclaim. The existence of a counterclaim is based on the premise of this lawsuit. The withdrawal of the lawsuit by the plaintiff means that the trial of this lawsuit has ended, and the legal relationship and facts on which the defendant raised the counterclaim no longer exist. However, the defendant may file a lawsuit in another people's court that has jurisdiction. The following conditions must be met: the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; there is a clear defendant; there are specific claims, facts, and reasons for the lawsuit; it is within the scope of the people's court's acceptance of civil litigation and under the jurisdiction of the people's court. If the case has entered the trial stage and the plaintiff withdraws the lawsuit, the defendant's counterclaim shall be dealt with according to the provisions of article 239 of the Supreme People's Court's Interpretation on the application of the Civil Lawsuit Law of the People's Republic of China. If the people's court permits the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim. If the defendant applied to withdraw the counterclaim, the people's court should allow it, but this was only for the case that had already entered the trial stage. This provision did not apply when the case had not entered the substantial trial stage after the case was filed. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Counterclaim fee for the second trial case
As for the counterclaim fee for the second trial case, if the people's court decides to combine the trial, it can pay half of the case acceptance fee on the basis of intellectual property civil cases (if there is no dispute amount or price, each case will pay 500 yuan to 1000 yuan), labor dispute cases (each case will pay 10 yuan), trademark/patent/maritime administrative cases (each case will pay 100 yuan), other administrative cases (each case will pay 50 yuan), etc. There was no separate calculation method for the second trial's litigation fees in the Methods for the Collection of Litigant fees. The second trial and the first trial shared a set of calculation methods. In the first instance, the counterclaim case could be charged by halving the amount of the counterclaim, and in the second instance, it could still be halved. If a property case is appealed, the lawsuit fee will be paid according to the amount of the appeal request. If the first trial applies the summary procedure, the second trial may cost twice as much as the first trial (because there is no summary procedure in the second trial). However, if the second trial partially appealed, the second trial may not have a corresponding relationship with the first trial. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
After withdrawing the lawsuit, the handling method of the counterclaim is the latest
If the Plaintiff withdraws the lawsuit, the counterclaim shall be dealt with as follows: 1. ** Limits on the scope of the counterclaim **: After the withdrawal of the lawsuit, the counterclaim can still be tried within the scope of the lawsuit. The claim made by the counterclaim plaintiff based on the counterclaim should be related to the lawsuit and should not exceed the scope of the lawsuit. 2. ** Case acceptance stage **: - In the stage of determining jurisdiction after the case was filed, if the lawsuit was withdrawn, the counterclaim could not be accepted as a counterclaim. If the party continues to insist on the counterclaim, he can file a lawsuit to the people's court with jurisdiction, and he should pay the full amount of the lawsuit fee. The rule of paying the case acceptance fee by half should not be applied (if the defendant raises a counterclaim and a third party with an independent right of claim raises a lawsuit related to the case, the people's court decides to combine the case, the case acceptance fee should be paid by half). 3. ** Treatment at the trial stage **: - After the case has entered the trial stage, if the people's court allows the plaintiff to withdraw the lawsuit, it shall continue to hear the counterclaim; if the defendant applies to withdraw the counterclaim, the people's court shall allow it. - If the lawsuit is withdrawn and the defendant applies to withdraw the counterclaim, the people's court shall permit it. This was because the withdrawal of the lawsuit was the right of the parties involved. The parties involved in this lawsuit and the counterclaim had equal litigation rights. Since the withdrawal of the lawsuit by the plaintiff of this lawsuit did not violate the law (based on the fact that the people's court had already allowed the withdrawal of the lawsuit), the withdrawal of the counterclaim by the plaintiff of the counterclaim did not need to examine whether there was any violation. The court should allow it. For criminal private prosecution cases, the law did not have any provisions on whether the counterclaim of the private prosecution case could continue to be heard after the private prosecutor withdrew the lawsuit. The administrative procedure law had provisions on withdrawing the lawsuit but did not have provisions on the counterclaim of the defendant. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Is the lawsuit dismissed and the counterclaim established? How long will the trial take?
First of all, it was possible for a lawsuit to be rejected and a counterclaim to be established. For example, in some cases, one party's request for a lawsuit did not comply with the relevant legal provisions or the evidence was insufficient and was rejected, while the other party's counterclaim met the conditions and was established. As for how long the court session would take, the law did not specify how long it would take after the appeal. Generally, after an appeal, if the conditions for a lawsuit were met, the people's court would file a case within seven days and notify the party concerned. When the people's court of first instance receives the appeal petition, it shall send a copy of the appeal petition to the opposing party within five days. The opposing party shall submit a defense within fifteen days from the date of receipt. The people's court shall send a copy to the appellant within five days from the date of receiving the defense. If the other party does not submit a defense, it will not affect the hearing of the people's court. When the people's court of first instance receives the petition for appeal and the petition for defense, it shall submit it to the people's court of second instance together with all the files and evidence within five days. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
How much is the domestic violence lawsuit fee?
The domestic violence lawsuit fee included legal fees and legal fees. In terms of litigation fees, if a domestic violence divorce case did not involve the division of property, a case acceptance fee of 50 to 300 yuan would be required. If it involves the division of property, if the total amount of property does not exceed 200,000 yuan, there is no need to pay additional fees; if it exceeds 200,000 yuan, the excess fee shall be paid at a rate of 0.5%. The lawyer's fee had to be negotiated with the lawyer. Different cases and services would affect the amount of the lawyer's fee. In addition, if the financial situation is difficult due to domestic violence and cannot afford the litigation costs, you can apply for legal aid from the local legal aid agency. When applying, you need to provide proof of personal economic status and evidence related to domestic violence. After the review, you can get free legal services. The novel,"Deaths from domestic violence, I went crazy from the bullet comments", is equally exciting. Everyone is welcome to click and read it!
Fan Xian's Lawsuit
Fan Xian fought a lawsuit in the ninth episode of Joy of Life. This lawsuit was between Fan Xian and Guo Baokun. Later on, it evolved into a confrontation between the Fan family and the Guo family, as well as a contest between the Crown Prince and the Second Prince. At the court hearing, Fan Xian displayed a calm attitude. Through logical debate and witness testimony, he tried to clear his name. He Zongwei acted as Guo Baokun's agent in this lawsuit and listed many pieces of evidence to prove that Fan Xian had beaten Guo Baokun. However, in the end, the Qing Emperor casually resolved this lawsuit and let Fan Xian get rid of the crime. As for the specific results, there was no clear mention in the information given.
Fan Xian's Lawsuit
Fan Xian's lawsuit took place in the ninth episode of Joy of Life. The cause of the lawsuit was the conflict between Fan Xian and Guo Baokun, but later it involved the confrontation between the Fan family and the Guo family, as well as the contest between the Crown Prince and the Second Prince. Fan Xian appeared calm at the court hearing, using logical debate and witness testimony to justify his innocence. The results of the lawsuit were not mentioned in the search results provided.