Mobile Micro Court
What’s a mobile micro-court?
Hainan Mobile Micro-court, a brand-new service mode, makes full use of WeChat’s advantage in vast user base, embedded mini apps and cell phones always on hand to provide the public, litigants and lawyers with one-stop full-process mobile litigation service. Litigants, lawyers and the public may access by cell phone the Online Litigation Service Hall to file lawsuits or query the relevant cases. Judges, similarly, may also hear and settle lawsuits through online courts.
How do you file a case in mobile micro-court?
Litigants log on the mobile micro-court, complete the required online filing documents and click on Submit!
After a litigant submits a case for filing, the judge examines the case on OA system. That is, follow the process below: Once they have their identity certified, the litigant and lawyer submit their application for case filing and pay the relevant fees. And the judge examines the application and feeds back the result by electronic service. This process from the beginning to the end is conducted on the micro-court platform. You can ignore the territorial barrier and file and handle a lawsuit anytime anywhere.
How do you download mobile micro-court?
Guide on Filing Civil Cases
I. Conditions on filing a legal action
1. The plaintiff must be a citizen, legal person, or other organization having direct interests in the case;
2.There must be a specific defendant;
3.There must be a specific claim, a factual basis, and a cause of action;
4. The people’s courts must have authority to hear the civil disputes and have jurisdiction over the action.
II. Pleadings to Initiate an Action
1.Original and photocopies of the complaint;
One original copy, together with photocopies in numbers of opposing parties. The signature and seal of the plaintiff at the end of each copy shall be original.
2.Evidence on which the complaint is based, as well as a list of evidence;
The list of evidence shall include the name of each piece of evidence (original or photocopy), number of its copies, and the issues it proves. The evidentiary materials shall be provided in the same number of copies as that of the complaint.
3. ID certificates for the plaintiff, the defendant and third parties;
4. Confirmation of the plaintiff’s process service address.
I. Filing fees shall be paid according to the following criteria:
1. Property Cases
2. IPR Cases
3. Other Cases
II. Application fees shall be paid according to the following criteria:
III. Filing fees may be paid at half the rate under the following circumstance:
IV.Whoever appeals in a property case shall pay the filing fee based on the amount claimed in the appeal in connection with the unsatisfied part of first instance judgment.
V. For revision cases where a filing fee needs to be paid, such fee shall be based on the amount claimed in the petition in connection with the unsatisfied part of the original judgment.
Cautions on Actions
I.If a plaintiff from a foreign country, Hong Kong, Macao, or Taiwan files an action, such plaintiff shall present his/her ID (passport, pass, etc.) and a photocopy thereof. In case the plaintiff authorizes another person, the agent ad litem shall present a notarized or certified power of attorney, as well as his or her own ID. Foreigners, stateless persons, foreign enterprises and organizations filing or responding to an action in China must retain lawyers of the People's Republic of China if lawyers are needed.
II. If the plaintiff sends a power of attorney or evidentiary materials from another country, or if the evidentiary materials originate from another country, such documents shall be notarized by a local notary agency and verified by the Chinese consulate in that country. Alternatively, the plaintiff may handle the certification formalities as set forth in the relevant treaty concluded between China and the host country.
III. The plaintiff shall complete the notarization or certification formalities by reference to the above paragraph if the power of attorney or evidentiary materials are sent from Hong Kong, Macao, or Taiwan, or if the evidentiary materials originate from Hong Kong, Macao, or Taiwan.
IV. If the complaint, evidentiary material, or power of attorney is in a language other than Chinese, a Chinese version shall be attached. If the opposing party is a foreigner, a version in the official language of the country where the opposing party resides shall be provided. The translation shall be executed by an officially qualified translation agency.
V. Time Periods for Foreign-related Cases
1.A defendant with no domicile in the People's Republic of China shall answer within 30 days after receiving a copy of the complaint.
2.A party with no domicile in the People's Republic of China shall appeal against a first-instance judgment or ruling within 30 days from the date of service of such judgment or ruling. The appellee shall answer within 30 days after receiving a copy of the appeal.
3.For service by public announcement to a party with no domicile in the People's Republic of China, the document shall be deemed received three months after the date of public announcement.
Guide on Representation
I. Qualifications of Agent ad Litem
The following persons may serve as an agent ad litem:
1.A lawyer or “basic-level legal service worker”;
2. A close relative or staff member of a party;
3. A citizen recommended by the residential community or employer of the party or by a relevant social group.
II. Materials to Be Submitted by the Agent ad Litem
In addition to the power of attorney signed or sealed by the party, an agent ad litem shall submit the following materials to the people's court:
1.Where an agent ad litem is a lawyer--his or her practicing license and the certification from his or her law firm;
2.Where an agent ad litem is a basic-level legal service worker--his or her practicing license, a reference letter issued by his or her office, and a certificate showing one party to the case is domiciled within his jurisdiction;
3.Where an agent ad litem is a close relative of the party--his or her identity certificate and a certificate showing his or her relationship with the party;
4.Where an agent ad litem is an employee of the party--his or her identity certificate and a certificate showing his or her employment relationship with the party;
5.Where an agent ad litem is a citizen recommended by the party’s residential community or employer--his identity certificate, the recommendation document, and the certificate showing his or her relationship with the community or employer;
6.Where an agent ad litem is a citizen recommended by a relevant social group--his or her identity certificate and a certificate showing that he or she meets conditions as set out in law.
III. Number of Agent ad Litem
A party and his or her statutory representative may retain one or two agent ad litem.
IV.Authority of Agent ad Litem
The authority of an agent ad litem includes:
1. General Authorization: The agent ad litem may only represent the principal to exercise general procedural rights, such as filing an action and submitting evidence.
2. Specific Authorization: In relation to procedural or specific rights closely related to substantive rights, such as recognition, waiver, modifying claims, settlement, counterclaiming and an appeal, the agent ad litem may only exercise such rights with specific authorization from the principal.