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Retry of a Case in China court

Time:2014-03-13 Hit:196


Retry of a Case in China court

Under the following circumstances, the People's Court shall retry the case:

(1) There is new evidence which is conclusive enough to overrule the original judgment or ruling

(2) The primary evidence used in the original judgment or ruling to find the facts were insufficient

(3) The primary evidence used in the original judgment or ruling to find the facts were forged

(4) The main evidence used in the original judgment or ruling to find the facts was not cross-examined

(5) Any party of the lawsuit is unable to obtain the evidence necessary for adjudicating the case because of  realistic reasons and has applied to the people's court for investigation and collection of such evidence in writing, but the people's court fails to investigate and collect such evidence

(6) There was an error in the application of the law in the original judgment or ruling;

(7) The jurisdiction violated legal provisions and was improper

(8) The trial organization was unlawfully formed or the adjudicators that should withdraw have not done so

(9) No agent was assigned to represent the person who has no legal competence, or the party that should participate in the litigation failed to do so due to reasons not attributable to himself/herself or his/her statutory agent

(10) The party's right to debate was deprived

(11) The default judgment in the absence of the party was made whereas that party was not served with a summons

(12) Some claims were omitted or exceeded in the original judgment or ruling; 

(13) The legal document in which the original judgment or decree was made is cancelled or revised



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