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. Read more exciting novels for free
Second Trial Counterclaim Information
In a civil lawsuit, a counterclaim refers to an independent counterclaim that is related to the original lawsuit in a civil lawsuit (the original lawsuit) that has already begun. The defendant of the original lawsuit is the defendant of the original lawsuit. The counterclaims of the second trial were as follows: 1. ** Propose a time limit and deal with general situations ** - According to the law, the parties should file a counterclaim before the deadline for adducing evidence expired. However, in judicial practice, the general tendency should be raised during the defense process, and at the latest, it should be raised after the trial debate in the court of first instance. Because if a counterclaim was filed after the end of the trial debate, the lawsuit would inevitably be reopened when the plaintiff had no chance to refute, which would cause repeated labor and delay the trial of the lawsuit. However, for some civil cases with a large amount of subject matter and involving foreign economic disputes, after the lawsuit, defense, especially after the court debate, if the witness is willing to testify or correct the perjured evidence, the party should be allowed to file a counterclaim after the court debate and before the referee makes a decision. 2. ** Settlement of Counterclaims in the Second Instance ** - In the second instance, if the defendant of the original trial raises a counterclaim, the court may mediate the counterclaim according to the principle of the parties 'willingness; if the mediation fails, the parties shall be informed to file another lawsuit. However, if both parties agree to let the people's court of second instance try the case together, the people's court of second instance may decide the case together. In addition, the effect of counterclaims in the second trial was relatively limited, because the court could not directly accept counterclaims, but first mediate. If mediation failed, another lawsuit would be required, but it could also be tried. If the other party was willing to mediate, the problem might be solved. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The counterclaim filed in the second trial was unsuccessful.
If the counterclaim in the second trial was unsuccessful, there were many possible situations. If the counterclaim was not accepted or supported by the court, the defendant would still have to perform the corresponding obligations according to the content of the judgment of the lawsuit and would lose the right to appeal to the higher court. In this case, the defendant could only decide whether to start the proceedings again. To raise a counterclaim in the second trial, relevant conditions must be met. For example, the counterclaim must be raised before the end of the court debate session and before the expiration of the first trial's time limit for adducing evidence. It must also be raised in the same court that heard the complaint. The counterclaim can only be raised against the plaintiff of the complaint. If these conditions are not met, the counterclaim may not be successful. In addition, counterclaims in the second trial usually could not be directly decided. The court would first mediate. If the mediation failed, the parties would be informed to sue separately. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Do you pay the legal fees for the second trial counterclaim?
They had to pay legal fees. According to the relevant regulations, for the defendant who filed a counterclaim, the legal fee would be halved when the counterclaim was filed. In the second trial, if the party filed an appeal against the counterclaim in the first trial, according to the original intention of the "Method for the payment of litigation fees," the case acceptance fee should still be halved. Moreover, the litigation fees for the second instance case should be paid during the appeal period, usually to the court of second instance. <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>
What are the conditions for a counterclaim?
The following conditions must be met to file a counterclaim: 1. Counterclaims must meet the requirements of the lawsuit, that is, the plaintiff must be a citizen, legal person, or other organization that has a direct interest in the case; there must be a clear defendant; there must be specific claims, facts, and reasons; it must be within the scope of the people's court accepting civil litigation and under the jurisdiction of the people's court. 2. A counterclaim can only be brought by the defendant against the plaintiff in the court hearing the lawsuit, which means that the people's court hearing the lawsuit has jurisdiction over the counterclaim. 3. The counterclaim did not exceed the limitation of action. As an independent lawsuit, the counterclaim should comply with the legal provisions of the limitation of action. It could not be considered that the counterclaim was naturally within the limitation of action. 4. The counterclaim must be of the same nature as the complaint and must be subject to the same proceedings. For example, if a counterclaim is of an administrative nature, it cannot be established; if a counterclaim applies a special procedure and the original complaint applies an ordinary procedure, the counterclaim cannot be established; but the original complaint and the counterclaim apply an ordinary procedure and a summary procedure respectively, then they can be combined for trial. If the counterclaim is established, it shall be tried by the ordinary procedure. 5. Counterclaims should be filed before the end of the court debate. 6. The counterclaim must be based on the existence of this action. Without this action, there would be no counterclaim. If the plaintiff of this action requests to withdraw the lawsuit and is allowed before the defendant counterclaims, the defendant cannot raise a counterclaim. 7. The counterclaim is related to the main action, which means that the counterclaim and the main action's claim or cause of action are based on the same legal relationship or the same fact. 8. The counterclaim should be an independent claim, and its claim should be able to offset or annex the claim made by the plaintiff. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
The process and deadline of the second trial of a criminal case
The process of the second trial of a criminal case included pre-trial preparation, court hearing, court investigation, witness appraisers appearing in court to testify, investigation and verification of testimony and appraisal opinions, investigation and verification of evidence, court debate, final statement, and judgment. The specific process of the court session included finding out whether the parties were present, reading out the court rules, inviting the prosecutor and defender into the court, the presiding judge announcing the court session, bringing the appellants to court, and finding out the personal information of the appellants. As for the time limit for the second trial of a criminal case, according to the relevant laws, the trial period of the second trial was two months and could be extended with approval. For cases that may be sentenced to death or cases that are accompanied by civil litigation, as well as those that need to be extended under special circumstances, they can report to the Supreme People's Court for approval to extend the period by three months. The specific trial period also depended on the complexity of the case and the relevant court regulations.
Causality between litigation and counterclaim
In a lawsuit, the causality between the counterclaim and the claim of the original lawsuit is one of the important conditions for the establishment of a counterclaim. If there is a causality between the original complaint and the counterclaim, it may satisfy the requirements for the establishment of the counterclaim. For example, if one party filed a lawsuit to ask the other party to pay the rent owed (this lawsuit), and the other party claimed that the rent was not paid because the ceiling fell off and injured himself, and then asked the owner of the house to compensate for personal injury (counterclaim), this reflected the causality between the lawsuit and the counterclaim. In addition, the purpose of the counterclaim is to withdraw or annex all or part of the claims of the plaintiffs. The counterclaim must meet certain conditions before it can be combined with the original claim. One of the conditions is that there is a causality between the original claim and the counterclaim. At the same time, the parties of the counterclaim should be limited to the scope of the parties of the original claim. Moreover, the original claim and the counterclaim must be based on the same legal relationship or the same legal facts. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
Counterclaim falsified evidence of loss
In a civil lawsuit, if the counterclaim falsified evidence, the first thing to consider was whether the counterclaim was related to the lawsuit. If the counterparty falsified the evidence of loss in the lawsuit, the court would impose a fine and other penalties on it according to law. If the forgery of evidence was serious, it would involve violating the criminal law and would be investigated for criminal responsibility. If the counterclaim's forged evidence caused actual losses to the other party, the other party could file another lawsuit for compensation. In the process of cross-examination, if there was evidence to the contrary that proved the counterclaim's evidence was false, it could be presented in court for comparison. If there was no evidence, the counterclaim could be asked to produce the original or the original carrier first, and not apply for identification first. The other party could only apply after the original was produced. If it is proved to be forged after identification, the other party is obstructing the judicial trial. According to the provisions of the civil procedure law, the court can request a fine and detention. If it is suspected of a criminal offence, it shall be investigated for criminal responsibility according to law. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
How to submit the counterclaim materials?
The defendant should submit the counterclaim materials to the court and pay the counterclaim litigation fees. Specifically, after preparing the counterclaim, evidence, and the identity certificate of the party (such as ID card, work permit, or household register, the entrusted agent must also submit a power of attorney stating the authorization of the entrusted agent) and other counterclaim materials, these materials could be submitted to the court. The court would review the counterclaim materials. If it was in line with the case, it would accept and notify both parties. <a href="/?from=ask_words" style="color:red" target="_blank">Read more exciting novels for free</a>
How long will it take for the criminal case to be decided after the trial?
The time taken for a criminal case to be decided after the court session depended on the specific circumstances of the case. According to article 208 of the criminal procedure law of the People's Republic of China, under normal circumstances, the court should make a judgment within two months after accepting the case, and no more than three months at the latest. However, for cases that may be sentenced to death, cases with civil litigation, or cases that require an extension of the trial period due to special circumstances, the court may extend the trial period by three months with the approval of the higher court. In addition, the complexity of the case would also affect the duration of the trial. Therefore, the specific time for the verdict needed to be decided according to the specific circumstances of the case.