During court, the plaintiff has the right to change the claim or add other claims related to the case beyond the original claim. Since the claim at this time is inconsistent with the original complaint, the defendant has the right to request a time limit for the production of evidence and to postpone the trial.
Legal Analysis
When a court accepts a civil case, it mainly depends on whether it meets the conditions for filing a case stipulated by law. First, you must write a complaint and submit it to the filing division of the court. The judge of the filing division will notify you within seven days whether to file the case. You can also choose to file a complaint orally or in writing. The filing court will make a decision based on whether the court has jurisdiction. The case acceptance fee will be collected in advance within 7 days and submitted to the trial court within 2 days after the case is filed. Next, comes the court proceedings. The complaint is the written basis for the plaintiff to file a lawsuit with the People's Court. Contents of the complaint: The physical situation of the parties, including the name, gender, age, and ethnicity of the parties. Occupation, place of employment and residence. The name of the legal person or other organization. Domicile and name and position of the legal representative or principal person in charge. This part of the content reflects the identity of both parties and makes the plaintiff and defendant specific. The claims and the facts and reasons on which they are based are the main content of the complaint. The plaintiff must state in the complaint the specific litigation claims and the facts and reasons for making such requests, including the facts of the existence of legal relationships, the facts of disputes, the reasons for filing the litigation claims, etc. Evidence and sources of evidence, names and addresses of witnesses, and whether the facts of the case exist need to be proven by evidence.
Legal Basis
"Civil Procedure Law of the People's Republic of China"
Article 3 The People's Court accepts cases between citizens, between legal persons, and other The provisions of this law shall apply to civil lawsuits brought between organizations and between them due to property relations and personal relations.
Article 121 The complaint shall state the following matters: (1) The plaintiff’s name, gender, age, ethnicity, occupation, workplace, residence, contact information, legal person or other organization’s Name, domicile, and name, position, and contact information of the legal representative or principal person in charge; (2) Information such as the name, gender, work unit, and domicile of the defendant, and information such as the name, domicile, and other information of the legal person or other organization; (3) Litigation The request and the facts and reasons on which it is based; (4) Evidence and sources of evidence, names and addresses of witnesses.