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Application for judicial expertise

Compilation of 9 applications for judicial expertise

In a society where laws are constantly improving, the application of laws is closely related to our lives. Through the application, we can make our own requests. Let's refer to how the application is written. The following are nine applications for judicial expertise that I have compiled for you, hoping to help you.

Application for Judicial Appraisal 1 Applicant: XXX

Tel: XXXXXXXXXXX

Application items:

It is requested that the People's Procuratorate of Hantai District entrust the relevant departments to conduct judicial expertise on the death of the victim XXX, so as to determine the causal relationship between the death of the victim XXX and the diagnosis and treatment behavior of the hospital, and thus determine the guilt that the criminal suspect He Moumou should bear.

Reasons for application:

As the defender of the case of criminal suspect XXX's alleged injury, according to the request of criminal suspect XXX, I think that this case needs judicial expertise on the cause of XXX's death for the following reasons:

After the victim XXX was injured, he was sent to XXXX hospital for treatment by the police of Hantai District Detention Center. However, XXXX Hospital misdiagnosed the victim XXX as "liver rupture, subcapsular hemorrhage and liver contusion and laceration". During the treatment, a doctor outside XXXX Hospital first cut the victim's abdomen, but found that the victim's liver was intact. Later, the doctor outside XXXX Hospital transferred the victim to three other departments for chest surgery because the delay was too long.

On June 29th, 20xx, the forensic doctors XXX and XXX of Hanzhong Intermediate People's Court, XXX of Hanzhong Public Security Bureau and Zhang of Hantai Branch of Hanzhong Public Security Bureau made a "Corpse Examination Report" on the body of the victim XXX, which stated: "... the hospital failed to make a definite diagnosis in time, which delayed the treatment opportunity of XXX".

In August of 20xx, XXXX Hospital reached a compensation agreement with the relatives of the victim XXX, and XXXX Hospital paid 80,000 yuan to the relatives of the victim XXX at one time.

Based on the above facts, my lawyer thinks:

1. If the death of the victim XXX is directly caused by the medical behavior of XXXX Hospital, then the criminal suspect XXX cannot bear the criminal responsibility for injury (death) stipulated in the second paragraph of Article 234 of the Criminal Law.

2. If the death of the victim XXX is directly caused by the medical behavior of misdiagnosis and mistreatment in XXXX Hospital. Then according to article 63 (heart injury; Regulation of thoracic vascular injury). The criminal suspect XXX should not bear the criminal responsibility of serious injury stipulated in the second paragraph of Article 234 of the Criminal Law.

3. Judicial expertise can also solve the following questions: Was the victim XXX seriously injured or slightly injured before being sent to XXXX Hospital, because there is such a problem in this case. The victim XXX's injury is "the lower branch of left pulmonary artery is broken", and Article 63 of the Identification Standard for Serious Human Injury stipulates: heart injury; Injury of great vessels in the chest. "Rupture of the inferior branch of left pulmonary artery" is not a serious injury, but it is not a minor injury or a minor injury, which requires judicial expertise. If it is identified as a minor injury, the criminal suspect shall be sentenced to fixed-term imprisonment of not more than three years; If it is identified as minor, the criminal responsibility of the criminal suspect shall not be investigated.

To sum up, this lawyer implores your hospital to entrust the relevant departments to conduct judicial expertise on the death of the victim XXX, so as to determine the causal relationship between the death of the victim XXX and the diagnosis and treatment behavior of XXXX Hospital, and thus determine the guilt that the criminal suspect XXX should bear.

I am here to convey

people's procuratorate

Applicant: XXX

Date of application: XX, XX, XX.

Application for Judicial Appraisal 2 Applicant: Jinan Branch of XXX Tenth Construction Engineering Co., Ltd., XXX Province.

Person in charge: He Moumou, position: manager.

Address: Songyuan New District, Shi Jing West Road, Jinan

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Request the court to entrust relevant judicial authentication institutions to authenticate the authenticity of the two IOUs involved in the case; Identify the stamping time of the official seal and private seal on two IOUs according to law; The printing time and stamping time sequence of the two IOUs were determined according to law.

Reasons for application

The case of plaintiff Peng Moumou v. Applicant's private loan dispute has been put on file in your hospital for trial. The evidence used by the plaintiff Peng Moumou in this case is two IOUs. However, the applicant has never borrowed from Peng Moumou, and these two IOUs are obviously flawed, which was forged by Peng Moumou by taking advantage of the convenience of mastering the company seal. These two IOUs cannot be used as evidence for the court to determine the facts of the case. Therefore, the applicant hereby applies for authentication according to law, and requests your hospital to entrust relevant judicial authentication institutions to authenticate the authenticity of the two IOUs involved in this case, so that the court can find out the facts of the case and make a fair judgment.

I am here to convey

Ji 'nan Huaiyin District People's Court

applicant

Article 3 An applicant for judicial expertise:

Application: Request the court to entrust a judicial authentication institution to authenticate the applicant's disability grade, lactation period, nutrition period and rest period.

Facts and reasons:

At a certain time on a certain day of a certain year, near a certain road, a car with the brand AAAA driven by Party B knocked down the applicant who was driving an electric bicycle, causing the applicant to be injured. In the road traffic accident certificate issued by the traffic police detachment of Baoshan Branch of Shanghai Public Security Bureau, it is determined that A bears the primary responsibility and the applicant bears the secondary responsibility. Now Class A refuses to compensate the losses caused to the applicant, and the applicant has no choice but to bring a lawsuit to your hospital. Now, due to the injury of the applicant, in order to further clarify the litigation request, we hereby apply to your hospital to entrust a judicial appraisal institution to conduct judicial appraisal of the applicant's disability and phase III. Please approve.

I am here to convey

Shanghai Baoshan District People's Court

Applicant:

date month year

4 city and county people's court judicial expertise application:

Your hospital has accepted the case of medical damage compensation dispute between the applicant Zhao and the respondent XXX People's Hospital. In order to complete the burden of proof, the applicant hereby applies to your hospital to appoint a judicial authentication institution to conduct judicial authentication on the applicant's continuing treatment fee and disability grade. Please approve it.

I am here to convey

welcome

Applicant:

20xx July 15

Article 5 of the application for judicial expertise requires:

Request the court to entrust an appraisal institution to conduct judicial appraisal of mental illness on Yang xx according to law.

Facts and reasons:

The applicant was in critical condition due to a road traffic accident between Xie xx and An xx Passenger Transport Co., Ltd., and had a skull defect repair operation in the First Affiliated Hospital of xx Jiaotong University on xx, xx, XX (see the inpatient medical record for details).

After operation, he was diagnosed as traumatic epilepsy by the hospital because of coma and shock. So far, three seizures have been witnessed by accurate witnesses and recorded in the hospital. Frothing at the mouth, eyes turned up, and then went into shock and coma. When I am not sick, I often feel sluggish, headache, dizziness, nausea and depression. Now, because the mental health of the applicant is directly related to the trial of this case, we apply to the court to appoint a judicial appraisal institution to conduct judicial psychiatric appraisal of the applicant according to law, and to conduct disability grade appraisal, so as to find out the facts of this case and determine the basis for compensation.

Please approve.

Applicant: xxx

Xx,xx,XX,XX

Application for judicial expertise 6 Applicant: XXX

Application items:

Please entrust the relevant authoritative appraisal institution: the Criminal Technical Appraisal Center of the Ministry of Justice to make a judicial appraisal of the authenticity of the seal of "Special Seal for House Demolition Business of Shanghai Pudong New Area Construction and Transportation Committee" stamped on the evidence, and investigate the corresponding legal responsibilities of relevant personnel to safeguard the legitimate rights and interests of the applicant.

Reasons for application:

In the case of the dispute between the applicant and the respondent, Shanghai Pudong Engineering Construction Management Co., Ltd., the applicant provided an explanation with the special seal of Shanghai Pudong New Area Construction and Transportation Committee for house demolition business in April 20xx (hereinafter referred to as the explanation), but during the trial, the court replaced the evidence statement submitted by the applicant with a certificate with the special seal of Shanghai Pudong New Area Construction and Transportation Committee for house demolition business in September 20xx (hereinafter referred to as the proof). The seal stamped on the replaced certificate is obviously different from the seal stamped on the evidence submitted by the applicant. Moreover, after investigation by the applicant, it is impossible for the real seal holder to issue a document similar to the certificate of replacement. Therefore, the applicant thinks that the certificate is a false document made by the respondent's forged seal, and illegally replaces the information statement submitted by the applicant with its forged certificate. The applicant submitted a description of the situation, not a certificate. This happens because some people want to achieve illegal goals through illegal means. This judicial appraisal conclusion is very important for the Shanghai Higher People's Court to verify and file a retrial according to law, so please allow it.

To sum up, the court is requested to make a judicial appraisal of the certificate stamped with the special seal of Shanghai Pudong New Area Construction and Transportation Committee for house demolition business, so as to determine the authenticity of the seal, thus determining the legal responsibility that Shanghai Pudong Engineering Construction Management Co., Ltd. should bear and safeguarding the legitimate rights and interests of the applicant. Shanghai Higher People's Court.

Applicant: XXX

XX,XX,XX,XX

Application for judicial expertise 7 Applicant: Zhangjiakou Real Estate Development Co., Ltd. Zhangjiakou Property Company.

Authorized Agents: Li # # (Deputy Manager of Engineering Department of Zhangjiakou Real Estate Development Co., Ltd.) and Wang # # (Deputy Manager of Zhangjiakou Property Company).

In the case of Niu # House and Toilet Water Leakage v. # # Real Estate Development Co., Ltd., the applicant believes that some of the reasons identified in the Judicial Appraisal Opinion on the Causes of Niu # House and Toilet Water Leakage and the Causes and Solutions (hereinafter referred to as the Appraisal Letter) made by Zhangjiakou Science and Technology Judicial Appraisal Center of your hospital are not directly related to the facts; And some of the appraisal conclusions are irresponsible, and the word "do not rule out" is used at will to draw a conclusion, so I hereby apply for re-appraisal. The reasons for reassessment are as follows:

1. In Part IV, Articles 1 and Article 3 "Local failure of the upper waterproof layer around the sewer pipe" of the appraisal book, no conclusion was reached on the failure reasons of the waterproof layer. The commercial houses sold by our company are all qualified products and subject to the supervision of relevant construction departments. Before the house is delivered to the owner, all toilets are tested to confirm that they are waterproof and effective. Our company believes that the cause of waterproof failure has a great influence on this case and should be re-identified.

2. The analysis in the fourth part of the appraisal book shows that the expression "the possibility of cracks in the wall due to local uneven settlement of the building foundation" in the second article "Analysis of the causes of cracks in the wall of the north bedroom" lacks factual basis and is purely speculative, which should not be used as the content of the appraisal book and may affect the reputation of our company. Therefore, we apply for a reasonable and well-founded appraisal of the causes of cracks.

I am here to convey

Zhangjiakou Qiaodong District People's Court

Applicant: Zhangjiakou Real Estate Development Co., Ltd.

Zhangjiakou # # # Property Management Company

Authorized Agent: Li # # (Zhangjiakou City # # Real Estate Development

Deputy manager of engineering department of limited liability company)

Wang # # (Deputy Manager of Zhangjiakou Property Management Company)

20xx June 28th

Application for Judicial Appraisal 8 Applicant: Guangzhou * * * * Decoration Engineering Co., Ltd.

Address: Panyu District, Guangzhou

Legal Representative: Xiao Ming Position: General Manager.

Application items:

Please entrust the relevant institutions in your hospital to make judicial appraisal of the authenticity of the seal on the labor contract provided by Zhang San, so as to determine the authenticity of the labor contract, and investigate its legal responsibility for forging the company seal and its contract.

Reasons for application:

Zhang San worked as a business manager in the applicant's company from July 30th, 20xx to March 9th, 20xx. 19. During his tenure, Zhang San was incompetent and could not complete the tasks assigned by the applicant. He also used the contact business as an excuse to defraud various expenses, totaling 7400 yuan. During his tenure, Zhang San not only failed to create benefits for the company, but also discredited the company because of his irresponsible words and deeds, which led to the loss of customers of the candidates and caused huge economic losses and adverse effects to the candidates.

At that time, the plaintiff's claim for Zhang San's reputation infringement dispute was supported by the first-instance judgment (case number: (20xx) Fan Famin Zi Chu No.3345). Considering that Zhang San is a natural person, it is less likely that the applicant will recover more than 80,000 yuan of economic losses from him according to the judgment; Secondly, the applicant obtained the intercession of Zhang San's friend in private and expressed his willingness to make concessions to the economic losses and adverse effects caused by his bad words and deeds; Furthermore, in order to avoid causing greater economic losses, the applicant will also affect the normal operation and social reputation of the company. Based on the above reasons, the applicant filed an application for withdrawing the lawsuit with your hospital on April 23rd, 20xx.

For various reasons, your hospital informed the applicant to reopen the trial on February 16, 20xx, and Zhang San took out the so-called labor contract as the basis for the applicant to promise him relevant remuneration and commission, but during the labor relationship between the applicant and him, he did not make any promises or agreements on the contents of the contract. In addition, the applicant's repeated forbearance only falsely accused Zhang San of not repenting, which seriously interfered with the applicant's normal production and operation order and would inevitably bring greater economic losses to the applicant.

The applicant thinks that the contents and seal of the labor contract held by Zhang San belong to his forgery, which is not the true intention of the applicant. Therefore, I hereby apply to your hospital, asking you to obtain the filing materials of the applicant's official seal of Tianhe District Public Security Bureau according to law, and at the same time apply to your hospital for judicial expertise.

To sum up, the applicant requests your hospital to entrust the relevant departments to make judicial appraisal of the seal stamped on the labor contract provided by Zhang San, so as to determine the authenticity of the seal, and thus determine the relevant legal responsibilities that Zhang San should bear for forging the company seal and labor contract.

Zhezhi

Panyu District People's Court of Guangzhou Municipality

Applicant: Guangzhou XXX Decoration Engineering Co., Ltd.

* * Year * * Month * * Day

Application for Judicial Appraisal 9 Applicant: China People's Property Insurance Co., Ltd. City Branch, Address: No.388 Wenchang Middle Road, Person in Charge:

Respondent: Male, Han nationality,19/kloc-0, born on September 22nd, 2008, and living in Lianhu District of the city. Telephone:

Requested items:

Request the people's court to entrust an appraisal institution with appraisal qualification to re-evaluate the disability level of the respondent and re-evaluate the follow-up treatment expenses.

Facts and reasons:

On October 6th, 20xx 10/kloc-0, the respondent entrusted northwest university of politics and law Judicial Appraisal Center to make a judicial appraisal opinion on his disability, which constituted a ninth-grade disability, and assessed the follow-up treatment fee 10000 yuan. The applicant raises an objection to the appraisal conclusion.

At the time of disability appraisal, the internal fixation has not been taken out, the treatment has not yet ended, and the injury is not completely stable. Moreover, the northwest university of politics and law Judicial Appraisal Center was not determined through consultation between the applicant and the respondent, nor was it designated by the people's court, and the cost of follow-up treatment was too high. According to Article 28 of the Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the applicant has the right to apply for re-appraisal.

To sum up, in order to safeguard the legitimate rights and interests of the applicant and ensure judicial justice, we hereby apply for re-appraisal and hope that the people's court will approve it.

I am here to convey

Xi lianhu district people's court

Applicant: China People's Property Insurance Co., Ltd. City Branch.

Entrusted agent:

20XX year 1 month 3rd