Chapter 218 - Summary Procedure (6)

"My client is not in good health, he and Ms. Li didn't go to work not long after they got married, and they had to spend a lot of money every month to buy medicine, and they had no property at all, and that house, as you can see, was the personal welfare that the state gave to my client. ”

Lawyer Liu, who had been silent for a long time, finally got a chance to speak, although he didn't play much of a role in the front, but it doesn't matter, as long as the other party agrees to divorce, then the matter will be more than half successful.

"On the contrary, Ms. Li is still working in the neighborhood committee, but my client said that he is a man who categorically does not ask for money from women, so my client agrees that everyone is in charge of their own property, and at the same time, they do not bear each other's debts. ”

Huang Yixi laughed angrily, these cheeky words of the opposing lawyer could be said so reasonably, she didn't bother to say more, "Since we can't talk, Judge Li, let's wait for the official notice of the trial." ”

Anyway, Li Hongxia is not in a hurry at all, it is best not to divorce, after Zhang Zili passes away, even if the money in the account cannot be obtained, but the funeral expenses and pension alimony must not be less, as for the fixed assets, she can get at least more than half, you must know that her son is also Zhang Zili's son.

"Let's talk about it again. Li Li'e smirked, "What do you care about money when people are gone?"

"That's it", lawyer Liu continued, "I really don't understand that some women are unwilling to struggle, pestering men to want men's money, and demanding equality between men and women all day long, and they want to have both inside and face, thinking that she is a princess." ”

"It's not my client's fault, why should my client bear the price of this mistake? If Mr. Zhang is not sincere, then don't divorce. ”

Huang Yixi sneered and turned the words back around.

I often hear people persuade women who are in a weak position, since a man treats you badly, he wants to divorce and leave, he doesn't give you money, you admit it, if you ask for money, it means that you don't really love him.

Even if there has been equality between men and women for decades, in fact, everyone knows that there is inequality, as long as there is a son in the family, the property must be left to the son, and those who are better to their daughters will give a dowry, and some people will pay the dowry instead. If their daughter is not satisfied, they are still angry, saying that they want money for what to do if they have the ability, but they forget that they left their property to their son as an uncle.

If there is a rich woman or a woman who can make money or a woman who is very beautiful or very capable, this may be true, but for ordinary women, wearing shoes is not necessarily happy, but barefoot is not necessarily comfortable.

Most women have a plummeting social status and economy after divorce, at this time the money is more than a point and less hard, don't expect him to treat you badly in marriage, and you will be moved by your kindness (stupid) and good (stupid) when you divorce.

Even so, I am holding the money in my arms first, and then speaking, the initiative is in my own hands and in the hands of others is much different, of course, it does not mean that we have to use all means for money, and fight for what we deserve, and it would be better if we could compensate more from the man's faults.

In addition to the divorce cases he represented, including the cases he heard and saw represented by other lawyers, as long as the man who is financially stronger than the woman in the marriage, Huang Yixi has never met a male client who said, I'm sorry, because of my fault, so I will compensate you and the children financially.

And there are too many men who encounter their own cheating and vices but put the blame for the divorce on the woman.

"Judge Li, since the other party is not sincere in mediation, let's see you when the trial is officially held, and it will be nonsense to talk about it, and it will not solve the substantive problem. ”

Huang Yixi no longer looked at Zhang Zili and Lawyer Liu, and took the lead in going out.

"Lawyer Huang, stop and come to my office, I have something to say. ”

Li Li'e suddenly spoke.

Sitting in Li Li'e's office, Li Li'e suddenly told Huang Yixi that the case was subject to summary procedures, and the trial would officially start in three days.

Cases where the summary procedure applies. It can only be a simple civil case where the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large.

The case of Zhang Zili and Li Hongxia is not suitable for summary procedures.

Thinking of this, Huang Yixi smiled, "I personally believe that this case does not apply to the summary procedure, first of all, the two parties in this case have irreconcilable differences on the determination of the fact of divorce and the determination of the joint property during the existence of the husband and wife. It is said that it is better to demolish ten temples than to demolish a family, and I personally believe that summary procedures should not be applied to divorce cases. ”

"Is that the reason?

"Secondly, in this case, the plaintiff expressed doubts about the authenticity of the evidence provided by his employer that the house where the husband and wife lived was his personal property, and as the defendant's lawyer, he now requests the people's court to investigate and collect evidence on the spot. ”

After saying this, Huang Yixi took out a pen and paper on the spot, ready to write the "Application for Court Investigation and Evidence Collection".

"You don't have to write it, according to the provisions of the Civil Evidence Rules, this is not the scope of the court's investigation and collection of evidence. Li Li'e hurriedly waved her hand.

Article 15 of the Rules of Civil Evidence and Article 64 of the Civil Procedure Law provide that "evidence that the people's court deems necessary for the trial of a case" refers to the following circumstances:

(1) Involving facts that might harm the national interest, the societal public interest, or the lawful rights and interests of others;

(2) Procedural matters unrelated to substantive disputes, such as adding parties ex officio, suspending litigation, terminating litigation, and recusal.

"I understand that this is not evidence that the court deems necessary for the trial of a case, but in accordance with Article 17 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, if one of the following conditions is met, the parties and their agents ad litem may apply to the people's court to investigate and collect other materials in paragraph (3) of the evidence that the parties and their agents ad litem are truly unable to collect on their own for objective reasons. The time limit given by Judge Li was too short, and my client and I were not able to obtain evidence in such a short time. Therefore, on behalf of my client, I have the right to request the court to grant my client's application for investigation and evidence collection. ”

Huang Yixi is very slippery, she actually understands that it is useless to write an application in this matter, in civil litigation, at least she has handled the case until now, and the evidence of several cases has been investigated by the judge, but so far there has been no judge to help the parties investigate and collect evidence.

The reason why she made this request was that she was not disappointed at all when she saw that the judge had been "enthusiastic" preparing to conclude the case, so she was not disappointed at all when she was rejected, "In that case, I would like to ask Judge Li, how long is the time limit for presenting evidence in this case?

It should be noted that where the people's court designates a time limit for the presentation of evidence, the designated time limit must not be less than 30 days, calculated from the day after the party receives the notice of acceptance of the case and the notice to respond to the lawsuit.