If you, as the party concerned, are not satisfied with the trial result of the court that has already been legally effective, you may appeal to Shenzhen Intermediate Peoples' Court for retrial. In order to better protect your right to apply for retrial and save your time and money, please read the following content carefully to learn more about the application for retrial and the materials you need to provide.
49.1. Subject of Application for Retrial
Only when you are the party in the original trial, that is, the plaintiff, the defendant, the third person with an independent claim right or the third person without independent claim rights, as determined by the trial, the appellant or the appellee, you may apply for retrial against the result.
49.2. Object of Application for Retrial
If you are not satisfied with the civil judgment, ruling, mediation and other effective judges correspondence, you may appeal to Shenzhen Intermediate People's Court for retrial in accordance with legal procedures, but the enforcement of the judgment, ruling, and mediation agreement will not be stopped. The party applying for retrial is the retrial applicant, and the other party shall be the respondent.
49.3. The Court for Retrial
The application for the civil and commercial cases shall be submitted to the court for replying after trial first in accordance with the Several Opinions on Strengthening the Work of Replying after Trial of Guangdong Provincial Higher People's Court; if you still choose to continue the application for retrial after replying, the court will submit the relevant materials of replaying and the materials of application for retrial to Shenzhen Intermediate People's Court for review.
If the number of the parties is large or the parties are involved in citizen cases, they may apply to the court for retrial.
49.4. Please Carefully Check Whether It Meets the Following Conditions of Application for Retrial
If the application of the parties meets one of the following circumstances, the People's' Court shall hold a retrial:
49.4.1.If there is new evidence that is sufficient to overturn the original judgment and ruling;
49.4.2.If the basic facts of the original judgment or ruling are unsubstantiated;
49.4.3.If the main evidence of the original judgment or ruling is forged;
49.4.4.If the main evidence of the original judgment or ruling is not cross-examined;
49.4.5.The parties did not collect the main evidence necessary for the hearing of the case because of objective reasons and apply to the people’s court for investigation and collection in writing, but the people’s court has not investigated and collected;
49.4.6. If there are errors in the original judgment and ruling of the applicable law.
49.4.7. The composition of the trial organization is not legal or the judicial personnel who should have withdrawn doesn’t do so;
49.4.8. The party, with no capacity for litigation, is not litigated by a litigation representative, or the party who should have taken part in litigation doesn’t appear in court because of some cause that cannot be attributed to the person or his litigation agent;
49.4.9. If the party has been deprived of debate rights due to violation of the law;
49.4.10. If judgment is by default without summons;
49.4.11. If the original judgment or ruling is omitted or beyond the request of the litigation;
49.4.12. If the legal instrument made from the original judgment and ruling is revoked or changed;
49.4.13. If the judicial personnel have the behavior of corruption, favoritism or perverting the law while hearing the case;
49.4.14.If the evidence proves that the mediation agreement which has been legally effective is in violation of the voluntary principle or the content of the mediation agreement violates the law, application for retrial can be made.
49.5. Please Pay Attention to the Time Limit for Applying for Retrial
Your application for retrial shall be made within six months after the judgment or ruling comes into force: If there is new evidence that is sufficient to overturn the original judgment and ruling; If the main evidence of the original judgment or ruling is forged; If the legal instrument made from the original judgment and ruling is revoked or changed; If the judicial personnel engages in corruption, favoritism or perverting the law, the evidence shall be provided within six months since the day knowing or ought to be known.
49.6. Materials Submitted for Applying for Retrial
49.6.1.Retrial application. Resubmit the retrial application in quadruplicate, and submit copies of the retrial application according to the number of respondents and the number of other parties to the original trial. Retrial application shall specify the following items: the basic information of the retrial applicant, respondents and other parties to the original trial; the name of the court that makes the effective judges correspondence and the case number of legal instrument of application for retrial; specific retrial request; the legal situation and the specific facts and reasons for the retrial application; the court for retrial; the date of submission to the court.
49.6.2.Evidence of the qualifications of the parties. Individuals shall submit identity information of name, gender, age, nationality, residence, contact information, ID number, and other basic information such as ID card, residence booklet, residence certificate, passport, Hong Kong, Macao and Taiwan residents’ compatriots HVPS and so on. Legal persons or other organizations submit the business license, registration certificate or organization code certificate of the legal person or other organization as well as the identity certificate of the legal representative or the principal person in charge.
49.6.3. The official judge's documents for application for retrial. The judge's documents for the application for retrial is made in the second trial and the judge's correspondence of the first trial shall be submitted at the same time; the evidence in the litigation process supporting a retrial based on the legal situation and the evidence of request for retrial;
49.6.4. The retrial applicant shall submit relevant evidence of the judgment that has been in effect for more than six months, in accordance with the retrial application provisions of paragraph 1, 3, 12 and 13 of article 200 in the Civil Procedure Law of the People’s Republic of China.
49.6.5.Retrial applicant should fill in the Confirmation of the Address for Service.
