附带民事诉讼起诉状范本
English Answer:
defendant Form of Complaint with Attached Civil Action.
I. Introduction.
A complaint is a legal document that initiates a civil action in court. It is filed by the plaintiff, who is the party alleging that they have been wronged by the defendant. The complaint must set forth the plaintiff's claims against the defendant and the relief that they are seeking.
II. Contents of the Complaint.
The following information must be included in a complaint:
The name of the court in which the action is being filed.
The names of the plaintiff and the defendant.
A statement of the facts that give rise to the plaintiff's claims.
A statement of the plaintiff's claims against the defendant.
A demand for relief.
III. Attachments.
In addition to the information listed above, a complaint may also include attachments. Attachments are documents that provide evidence to support the plaintiff's claims. Examples of attachments include:
Contracts.
Invoices.
Photographs.
Medical records.
IV. Service of Process.
Once a complaint has been filed, it must be served on the defendant. Service of process is the method by which the defendant is notified of the lawsuit and given an opportunity to respond. There are several different methods of service of process, including:
Personal service.
Service by mail.
Service by publication.
V. Defendant's Response.
After the defendant has been served with the complaint, they have a certain amount of time to file a response. The response may include a motion to dismiss the complaint, an answer to the complaint, or a counterclaim.
VI. Trial.
If the defendant does not file a response or if the court denies the defendant's motion to dismiss, the case will proceed to trial. At trial, the plaintiff will present their evidence to support their claims, and the defendant will present their evidence to defend against the claims. The jury will then decide whether the plaintiff is entitled to relief.
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