Please prepare the following materials when filing a lawsuit:
1. Original indictment
The number of copies is equal to the number of opposing parties+1. If a natural person files a lawsuit, it shall be signed and stamped by the natural person. If a legal person or an unincorporated organization files a lawsuit, it shall be signed and stamped by the legal representative or person in charge.
Please clarify the cause of the case in the complaint.
2. Materials proving the subject qualifications of the parties involved and the other party
2.1. The parties involved are natural persons
Provide copies of resident ID card, residence permit, household registration book, passport, Hong Kong and Macao compatriot return permit, etc. that have been verified to match the original.
Provide proof of habitual residence (if any): the valid residence permit application information issued by the Population Information Department of the Public Security Bureau; Or a residence certificate issued by the neighborhood committee or the police station of the public security bureau, proving that the person has been residing in the jurisdiction of this court for at least one year from a certain year, month, day to the present.
2.2. The parties involved are legal persons or unincorporated organizations
The original identity certificate of the legal representative (person in charge), a copy of the ID card of the legal representative (person in charge) stamped with the official seal, a copy of the business license, and a copy of the organization code certificate (if any). When the parties are foreign-related or Hong Kong, Macao, and Taiwan related entities, the original entity information notarized and authenticated by the notary department must be submitted.
2.3. Qualification materials of the counterparty (counterparty)
Population information/business registration information/organization code certificate information that is sufficient to distinguish oneself from others.
3. Entrusted agency materials of the parties involved
3.1. Original Authorization Letter
Please indicate general authorization or special authorization and corresponding permissions. When the parties involved are foreign-related or Hong Kong, Macao, and Taiwan related entities, the power of attorney must also be notarized, authenticated, or signed in front of the staff of this court.
3.2. Proof of Agent Qualification Materials
If represented by a lawyer, the original letter from the law firm and a verified copy of the practice certificate should be submitted.
If a grassroots legal service worker acts as an agent, they should submit the practicing certificate of the legal service worker, the introduction letter issued by the grassroots legal service, and the original documents proving that the party belongs to the jurisdiction.
If a close relative or guardian acts as an agent, the original proof of kinship and a copy of the agent’s ID card should be submitted.
If an employee acts as an agent for their unit, they should submit a copy of the employee’s labor contract stamped with the unit seal, social security payment records, and a copy of the agent’s ID card.
If a citizen acts as an agent, they should submit: a copy of the agent’s ID card, recommended materials from the community or unit where the party is located, and proof of the party’s belonging to the community or unit. (If a citizen recommended by a social organization acts as a litigation agent, they should meet the following conditions: a. the social organization belongs to a non-profit legal entity registered or exempted from registration according to law; b. the principal belongs to a member of the social organization, or one party’s domicile is located in the activity area of the social organization;); c. Agency affairs fall within the scope of business specified in the articles of association of the social organization; d. The recommended citizen is the person in charge of the social organization or a staff member who has a legal labor relationship with the social organization.
4. Evidence materials
4.1. List of Evidence
Provide a detailed list of the name, page number, and number of copies of the submitted materials. In the remarks column, indicate whether each material is an original or photocopy and the purpose of proof, and have it signed by the party or agent, with the submission date indicated.
4.2. Evidence
Encode into a book, make sure the page numbers correspond to the evidence table, and the number of copies should be the number of opposing parties+1.
If the evidence is presented in foreign language, please submit a Chinese translation (it is recommended to submit it to a translation agency).
5. Delivery address confirmation and other materials
5.1. Delivery Address Confirmation
It is necessary to specify in detail the contact addresses and contact information of both parties and sign for confirmation. If the lawyer representing the party fills out the confirmation of the party’s delivery address, it is recommended to fill in the electronic delivery option and select “agree to accept electronic delivery”. If it is necessary to fill in the confirmation form for the delivery address of the other party, please note the contact phone number, the latest contact date, and whether the other party can be contacted in the “verification of the other party’s business situation” section.
5.2. Case Information Disclosure Letter
The parties may clarify the specific circumstances of the matters under the listed procedures based on the actual situation.
5.3. Confirmation of Litigation Cost Refund
If the parties choose to agree to the court’s refusal to refund the litigation costs, and if the parties choose to agree not to refund the litigation costs, the litigation costs borne by the other party may be included in the application for compulsory execution after winning the lawsuit.
6. Requirements for typified cases
6.1. Disputes over liability for ship collision damage
Please fill out the Maritime Accident Investigation Form and sign it in accordance with the requirements of the Maritime Litigation Special Procedure Law.
6.2. Element based trial type cases
If it is a dispute over compensation for personal injury at sea, a dispute over container demurrage fees under a contract for the transportation of goods by sea, a dispute over payment of fees by sea freight forwarders, a dispute over crew labor contracts, or a dispute over ship ownership caused by the sale of ships, please fill out the corresponding element table and sign it.
The element table can be downloaded from the official website of our court or obtained from the personnel at the filing window.
