During the epidemic prevention and control period, are the court filing and litigation service windows open in Shanghai?
How do parties apply for mediation?
How does the party file a lawsuit?
On March 29, the Shanghai Higher People's Court issued ten questions and ten answers to Shanghai court litigation services during the epidemic prevention and control period.
1. During the epidemic prevention and control period, are the Shanghai courts open for case filing and litigation services?
In addition to the need for closure and control due to epidemic prevention and control, Shanghai's courts are currently open for case filing and litigation service windows in an orderly manner. The "Online Appointment" module in the "Shanghai" WeChat applet makes appointments for offline case filing and litigation services.
When entering the court litigation service center, the health code, itinerary code and negative nucleic acid test report should be presented in accordance with the epidemic prevention and control regulations.
2. During the epidemic prevention and control period, how can the parties apply for mediation?
Harmony is the fine tradition of the Chinese nation.
Compared with litigation and litigation, mediation has the advantages of being friendly, efficient and convenient, non-disclosure, and low cost.
Therefore, especially during the epidemic prevention and control period, when conflicts and disputes occur, it is recommended that the parties first apply for mediation through the "Shanghai Court One-Stop Multi-Dispute Resolution Platform".
The parties can follow the official WeChat account of the Shanghai Higher People's Court "Pujiang Tianping" and search for "Shanghai Court's 'One-Stop Multi-Dispute Resolution Platform' Operation Guide" to see how to apply for mediation.
3. During the epidemic prevention and control period, how can the parties file a lawsuit?
For disputes that are not suitable for mediation or that cannot be resolved through mediation, if it is really necessary to file a lawsuit, it is recommended that the parties prefer to file a case online.
The parties can follow the WeChat public account of "Shanghai Court 12368" and search for "Complete Manual for Shanghai Court Case Filing Operations", "Online case filing can be done in minutes without leaving home", "Lawyer Platform Online Case Filing Guide", "'Man' Says Online Case Filing" Please wait for the online case registration guide to view the specific operation method.
4. During the epidemic prevention and control period, how can the parties participate in the online trial?
After the judge arranges the online trial information, the parties will receive a text message notification, obtain the trial time, meeting number and the download address of the trial video client, and can also participate in the online asynchronous trial through the "Micro Court".
The parties can follow the official WeChat account "Pujiang Tianping" of the Shanghai Higher People's Court, search for the "(Latest Edition) Online Court Trial Operation Guide" released on March 21, 2022, and the "Containment at Home," released on March 22, 2022. How to use 'Micro Courts'?" Learn how to prepare and operate.
5. During the epidemic prevention and control period, can the parties apply for an extension of the court session?
If the parties and agents ad litem are receiving treatment for pneumonia caused by the new coronavirus infection, or are unable to participate in offline court hearings due to home isolation or centralized isolation observation as required, or due to traffic control, they may apply to the court for an extension in accordance with relevant laws and regulations.
6. During the epidemic prevention and control period, how can I contact the judge?
In addition to the Shanghai Court's 12368 hotline, the parties can also use the "Shanghai Court Litigation Service Network", "Shanghai Court 12368" WeChat public account, "People's Court Online Service Shanghai" WeChat mini-program, Shanghai Yiwangtong to provide "litigation services", and follow the application process. The "Contact Judge" module in the "Litigation Service" of the APP can obtain the contact information of the judge, or leave a message to the judge to get in touch with the judge.
For details, you can follow the official WeChat account of the Shanghai Higher People's Court "Pujiang Tianping", search for the column "How to contact a judge quickly and well?" in the "Digital Smart Warehouse" column, and check the specific operation and usage methods of contacting a judge online.
7. If it is impossible to submit or mail relevant evidence and other litigation materials to the court due to epidemic prevention and control, what method can be used to submit it?
The parties can use the WeChat public account of "Shanghai Court Litigation Service Network" and "Shanghai Court 12368", the WeChat applet of "People's Court Online Service Shanghai", the "Litigation Service" of Shanghai Yiwangtong, and the "Material Submission" in the "Litigation Service" of the application APP. ” module, and upload the corresponding litigation materials as prompted.
The parties can follow the official WeChat account "Pujiang Tianping" of the Shanghai Higher People's Court, and search for the column "Digital Smart Warehouse" "How to submit litigation materials in seconds without leaving home? Teach you how to operate" to check the specific operation method.
8. During the epidemic prevention and control period, how to check the progress of the case?
The parties can use the "Shanghai Court Litigation Service Network", "Shanghai Court 12368" WeChat public account, "People's Court Online Service Shanghai" WeChat mini-program, "Litigation Service" of Shanghai Yiwangtong, and "Case Intelligence" in the "Litigation Service" of the SuiBid APP. Check" module, follow the prompts to query the litigation information and progress of the corresponding case.
The parties can follow the WeChat public account of "Shanghai Court 12368" and search for litigation service guides such as "Official announcement! The 'Case Smart Check' function of the 12368 WeChat Official Account is now online", "Case Smart Check and Check Your Case Anywhere" to check the specific operation methods.
9. During the epidemic prevention and control period, can the parties apply to extend the appeal period of the case?
Article 86 of the Civil Procedure Law of the People's Republic of China stipulates that if a party delays the time limit due to force majeure or other justifiable reasons, within ten days after the obstacle is removed, he may apply for an extension of the time limit.
In the event that the time limit for litigation as prescribed by law or designated by the people's court is delayed due to the epidemic or epidemic prevention and control measures, the parties may apply for an extension of the time limit for appealing the case in accordance with the above provisions.
The people's court will comprehensively consider whether to approve the case based on the situation of the epidemic, whether the parties are confirmed patients with new coronary pneumonia, suspected patients with new coronary pneumonia, asymptomatic infections and related close contacts, the expiration of the litigation period during the legal isolation period, and the evidence provided by the parties. , to protect the litigation rights of the parties in accordance with the law.
10. During the epidemic prevention and control period, are the Shanghai courts open for complaints and petitions?
How do the parties file complaints and petitions?
At present, the reception window for complaints and petitions in Shanghai courts is temporarily closed due to the epidemic, and the recovery time will be notified separately depending on the epidemic and prevention and control requirements.
During this period, the parties and their agents can mail them offline or through the WeChat public account of "Shanghai Court Litigation Service Network", "Shanghai Court 12368", and "Online Letters and Visits" and "Online Petitions" in the WeChat applet of "People's Court Online Service Shanghai". Appeal, petition" module, online petition, application for retrial, reflecting petition appeals.
(Headquarters reporter Bai Tingjun)