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How to sue the industry Committee in court
Legal analysis
Prepare a civil lawsuit. Bring a lawsuit to a people's court with jurisdiction and submit relevant evidential materials. Attend and participate in litigation activities on time according to the notice of the people's court. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried the case or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. What if the owners' committee does not act? According to the documents and materials, I will report to the local streets, communities and housing management offices and ask them to supervise and perform their duties. In accordance with the rules of procedure of their own community, they asked for an interim owners' meeting to recall the members of the industry Committee. Property dispute litigation process: plaintiff sues. After accepting the case, the court served a copy of the indictment on the defendant. The defendant shall submit a reply within fifteen days, and the court shall serve a copy of the reply to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial. If a court session is decided, the parties concerned shall be notified and announced three days before the court session. The court investigation stage includes: the statement of the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted. If mediation fails, a judgment shall be made in time. The verdict was announced.
legal ground
Article 119 of the Civil Procedure Law of People's Republic of China (PRC) must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.
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