If you are involved in civil and commercial proceedings, the following information about the pretrial meeting will help you to understand the role of the procedure, the matters requiring your attention, exercise your rights, fulfil your obligations and safeguard your legitimate rights. Please read it carefully.
24.1. What is the Pretrial Meeting?
Pre-trial meetings mainly refers to the process where the court convenes the relevant persons before the hearing to gather the facts and evidence, listen to the views of both sides, determine the focus of dispute and ensure the effectiveness of the trial. The main functions of the pretrial meeting that will be held in the judicial practice of the ordinary proceedings cases include: ensuring and fixing the scope of complaints of the parties concerned, litigation claims, defense opinions and other elements of the proceedings, exchanging evidence, and finishing the focus of disputes. The pretrial meeting aims to avoid unnecessary procedural issues in the trial where the key problems are not clearly determined and focused upon which will impede the efficiency of the hearing.
24.2. Please be Aware of the Following Key Procedures in the Pretrial Meeting
24.2.1. Fixing litigation elements. If, before the trial, the plaintiff applies to change or add to the claims, or if the defendant files a counterclaim, or if a third party makes a litigation request in connection with the case, the court will make a decision or ruling after listening to the opinions of the other party, on the spot to make a decision or ruling. The court will decide or make a ruling on the spot after hearing the opinions of the parties concerned. Where the parties make requests in the pretrial meeting, such as when the time limit for producing evidence is exceeded, these additional requests are generally not permitted except for unforeseen circumstances relating to the needs of the case or the consent of the other party.
24.2.2.Exchanging evidence. Both parties should be present at the same time for the evidence exchange. Evidence can also be exchanged by means of delivery under the circumstance of simple case, single evidence or supplementary evidence. The two ways of evidence exchange can be used separately or simultaneously in the same case. The order of exchanging evidence is that the plaintiff produces a piece of evidence and makes a relating statement, then the defendant and the third party will briefly issue the cross examination opinions; the defendant produces evidence and gives an explanation, then the plaintiff and the third party will briefly issue the cross examination opinions; the third party will produce evidence and make explanation statement, then the plaintiff and the defendant will the cross examination opinions in brief. Afterwards, the court will produce the evidence collected in accordance with the application or power survey, and the parties concerned will issue the cross-examination opinions in brief. After the party has issued the cross-examination opinions, the other party may, with the grant of the court, respond appropriately. If one party submits a rebuttal to the evidence produced by the other party and requests to submit new counter evidence, it will be examined and dealt with in accordance with the provisions of the law and judicial interpretations. If the party concerned refuses to issue the cross-examination opinions without reasonable grounds for the evidence presented by the other party, the judge will explain the situation according to the law. If the party still refuses to issue the cross-examination opinions after explanation, it will be deemed as giving up the right of confrontation. In the exchange of evidence, if date that the evidence produced by the parties exceeds the specified time limit for proof and the party concerned does not apply in advance to extend the duration of producing evidence, the party will provide an explanation. The judge will reprimand, fine, or refuse to accept it according to law with the circumstances and opinions of the other party.
24.2.3. Finalising the focus of disputes. Finalising the focus of disputes can be carried out in accordance with the facts of the dispute, the contention of the law and evidence, or the order of case development, or the crossed-use of various specific methods of the dispute-finish. In complex cases, the specific disputes can be attached with a sub-dispute. When the focus of the dispute is sorted out, it will be explained to the parties. Where the parties have objections, the disputes can be amended or added. With the consent of the parties, the judge will announce the combined court investigation and court debate in the trial, and announce the trial order of the dispute.
24.3. Notice of Requirements in Pretrial Meeting.
24.3.1.If the party concerned entrusts litigation representative to attend the pretrial meeting, the litigation representative will be given a clear delegated authority. Participants in the pretrial meeting should be fully prepared with the relevant evidence of the case and other information. If the pretrial meeting cannot be held on time or needs to be held again without justified reasons, the other party may claim that the party at fault is responsible for the increased cost of the proceedings;
24.3.2. In the pretrial meeting, the court may recommend for the party to provide guidance cases published by the Supreme People's court, which are similar to the circumstances of the case, as well as related cases for reference;
24.3.3. Before the end of the pretrial meeting, both parties should carefully check if there are any elements of the proceedings needed change and supplement. Parties concerned will be reminded that no evidence against the principle of honesty or a raid against the evidence will be allowed in the pretrial meeting, otherwise they will be punished by the court;
24.3.4.The pretrial meeting will be open to the public except for those involving state secrets, personal privacy or otherwise stipulated by law. If the case involves a commercial secret, the party concerned can apply for a private session.
