What is the name of the material used by the plaintiff to refute the defendant's statement of defense in the lawsuit?
There is no unified provision for the name of the material.
In a civil lawsuit, the plaintiff's rebuttal to the content of the defendant's statement of defense is actually the plaintiff's defense to the defendant's statement of defense, which is a debate between the two parties. This debate is a debate in court. Proceed in stages. The opinions expressed in the debate can be expressed orally during the court hearing and recorded by the court in the trial transcripts. They can also be compiled into written materials in advance. After the opinions are expressed orally during the debate stage, the written opinions can be handed over to the judge.
As for the title of written materials, there are no special regulations. You can determine it yourself based on the specific content, or it can be directly listed as "debate opinions", opinions on the case of XX v. XX, etc. All are possible.
In addition, the key is not the name of the material, but whether the content of the material can support the claims of the parties, and in specific litigation, there are also many issues involved in the application of law and the use of evidence. For technical issues and other professional issues, if the parties do not have relevant legal knowledge and professional skills, they should try their best to entrust a lawyer to participate in the litigation. Only in this way can they better protect or realize their rights and interests.
The plaintiff’s defense statement. How to write?
Don’t you have a lawyer? If not, I can give you one for free.
How to write a defense statement in a lawsuit?
The plaintiff goes to court to sue. It is a complaint and the defense is written by the defendant. After you receive the defendant's statement of defense, prepare for the trial. If the statement of defense does not contain facts, you can point it out at the trial.
The plaintiff's statement of defense is How to write a rebuttal complaint?
When the plaintiff files a lawsuit, he cannot write a counterclaim. The defendant can make a counterclaim. The defendant must write a defense statement and a counterclaim. If there are any untruths in the defendant's defense statement, The plaintiff only needs to provide corresponding evidence to the court.
Does the plaintiff need to write a statement of defense?
The plaintiff does not need to write a statement of defense, but the defendant receives the plaintiff’s complaint. Then write a defense statement.
How to write a defense statement to the judge in court.
Write a clear defense based on the claims of the lawsuit.
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The plaintiff’s facts and reasons are not clear. How should the defendant write a defense?
The plaintiff’s facts and reasons are not clear, but the claim should be clear, so you should address it. Refute the claims in the indictment. Since the other party’s request is not clear, you can also write a brief summary saying that the other party’s request has no legal basis, is unreasonable, etc., and resolve it in court. That means carefully understanding the disputes between the two parties. What is it?
The plaintiff receives an administrative statement of defense. What document should the plaintiff write in response?
The plaintiff has the right to sue and the defendant has the right to respond. As a plaintiff, the defendant receives an administrative statement of defense. There is no need to write any more materials. Let’s wait until the administrative trial court opens. If the plaintiff must write some materials, it is recommended to study whether the specific administrative actions defended in the defendant’s defense are contractual and reasonable. Debate in the court during the trial
How to write the defendant's defense in the lawsuit
Hello.
Let me give you an example. You can use it after modification.
Civil Reply
Respondent: Sun Xuemin, male, born on January 12, 1953, Han nationality, farmer, living in Qianxiao Zhu Village, Pinglitian Town, Laizhou City.
Agent: Dong Zhenhe, Shandong Yitian Law Firm, lawyer.
Due to a land contract dispute with Qian Xiaozhu Village Committee, Pinglitian Town, Laizhou City, the defense is as follows:
The plaintiff’s claims have no contractual basis and violate national laws and regulations. Specific regulations on stabilizing and improving land contracting relationships issued by the State Council, the Ministry of Agriculture, the Provincial Government and other departments should be rejected.
Article 6 of Part 7 of the contract between the two parties stipulates: "...When the contract expires, the original contracting relationship will remain unchanged and the contract will be renewed.
"*** The third part of the Central Committee's "Decision on Several Major Issues in Agriculture and Rural Work" clearly states that "...the policy of extending the land contract period for another thirty years must be unswervingly implemented... .." Article 2 of the "Opinions on Stabilizing and Improving Land Contracting Relationships" of the Ministry of Agriculture (approved by the State Council) stipulates: The contract signed between the contract issuing party and the farmers shall expire in batches and be renewed in batches. Extend the land contract period for another 30 years. "Article 3 of Shandong Province's "Several Provisions on Stabilizing and Improving the Rural Collective Land Management System" stipulates: "The production responsibility system based on household joint production contracting must be stable for a long time. After the contract expires, it can be extended for another 30 years, and the contract period for developmental agricultural production projects can be longer. "The Yantai Municipal People's Government document also has clear provisions on stabilizing the land contract relationship and extending the contract period.
In summary, the respondent not only has no obligation to return the land contracted by the plaintiff, but also has the right to request the plaintiff to extend the contract period for 30 years. This is the contractual and statutory right enjoyed by the respondent. Accordingly, the respondent filed a counterclaim against the plaintiff: requesting the People's Court to order the plaintiff to perform its legal and agreed obligations to renew the contract with the respondent; to compensate the respondent for the economic loss of 10,000 yuan caused by its application for early execution; and requesting the People's Court to and review.
Sincerely,
Laizhou People’s Court
Respondent: Sun Xuemin
July 3, 2000
How to write a statement of defense
Hello.
Let me give you an example. You can use it after modification.
Civil Reply
Respondent: Sun Xuemin, male, born on January 12, 1953. Han nationality, farmer, lives in Qianxiao Zhu Village, Pinglitian Town, Laizhou City.
Agent: Dong Zhenhe, Shandong Yitian Law Firm, lawyer.
Due to a land contract dispute with Qian Xiaozhu Village Committee, Pinglitian Town, Laizhou City, the defense is as follows:
The plaintiff’s claims have no contractual basis and violate national laws and regulations. Specific regulations on stabilizing and improving land contracting relationships issued by the State Council, the Ministry of Agriculture, the Provincial Government and other departments should be rejected.
Article 6 of Part 7 of the contract between the two parties stipulates: "...When the contract expires, the original contracting relationship will remain unchanged and the contract will be renewed." *** "On Agriculture and Rural Work" of the Central Committee The third part of the "Decision on Several Major Issues" clearly states that "...we must unswervingly implement the policy of extending the land contract period for another thirty years..." Ministry of Agriculture (approved by the State Council) Article 2 of the Opinions on Stabilizing and Improving Land Contracting Relationships stipulates: "...the contracts signed between the contract issuing party and farmers will be renewed in batches upon expiration, and the land contract period will be extended for another 30 years." Shandong Article 3 of the provincial "Several Provisions on Stabilizing and Improving the Rural Collective Land Management System" stipulates: "The production responsibility system based on household joint production contracting must be stable in the long term. After the expiration of the original contract, it will be extended for another 30 years to engage in The contract period of developmental agricultural production projects can be longer. "The Yantai Municipal People's Government document also has clear provisions on stabilizing the land contract relationship and extending the contract period.
In summary, the respondent not only has no obligation to return the land contracted by the plaintiff, but also has the right to request the plaintiff to extend the contract period for 30 years. This is the contractual and statutory right enjoyed by the respondent. Accordingly, the respondent filed a counterclaim against the plaintiff: requesting the People's Court to order the plaintiff to perform its legal and agreed obligations to renew the contract with the respondent; to compensate the respondent for the economic loss of 10,000 yuan caused by its application for early execution; and requesting the People's Court to and review.
Sincerely,
Laizhou People’s Court
Respondent: Sun Xuemin
July 3, 2000