Chapter 164: Who asserts it, who adduces evidence, knows how to pretend not to understand, right?!

On the court court.

Li Xuezhen's little face is proud, like a little peacock that has won.

Su Bai: .....

reminded me: "Don't stare at it for the time being..... prepare the litigation materials that need to be used in the future." ”

"Oh."

"Okay Lawyer Su."

Li Xuezhen nodded seriously.

In the plaintiff's seat, Chen Meixia's old face was a little unbearable, she had lived for so many years, and this was the first time she looked at the young man and did not win.

The more I thought about it, the more angry I became, but then I didn't say anything and sat quietly in my place.

Li Zhuang and Li Jun didn't speak, and sat down silently.

Both of the original defendants sat in their respective seats.

The clerk begins to read out the trial discipline:

"One: ........."

"Two: ........."

"Three: ........."

"Four: ........."

.

….….

After the reading, it was accompanied by a sentence: "All stand up, and invite the presiding judge and the judge to enter." ”

Boom.

In the courtroom, all the people involved in the litigation stood up.

The three members of the collegial panel stepped onto the courtroom stage and stood on the courtroom platform.

Clerk: "Presiding judge, the personnel have all arrived and can hold the trial." ”

Knock knock!

Qian Wei rang the gavel: "Open the court!" ”

"Please sit down."

Boom, everyone at the trial scene sat down one after another.

On the judgment seat, Qian Wei looked around, his gaze stayed on Chen Meixia for a moment, and then moved away.

Then, he looked down at the litigation materials.

Regarding this case, Qian Wei has learned about the general process of this case.

Because a friend had already greeted him before, he deliberately paid a little attention to this case.

What does this case say....

In his opinion, it can be judged in any way.

And there won't be much of a problem.

For the verdict.

Qian Wei also had an idea in his heart.

In this kind of civil prosecution case where the evidence is insufficient, he made many judgments when he was the presiding judge.

Even about the litigation variables of this case, he has roughly guessed it.

In his heart, overall, there is no big problem.

After flipping through the litigation materials and sorting out his thoughts, Qian Wei glanced at the plaintiff's seat and spoke:

"Okay, now the court is open."

Qian Wei flipped through the litigation materials:

"The plaintiff and the defendant began to state the identity of the information and the authority of the agent, and checked it."

"Plaintiff, please start stating the identity information of the person appearing in court, and the authority to represent the lawsuit."

"Okay presiding judge."

Xiao Feng nodded.

This case is not a big case for him.

Although Xiao Feng is only a middle-level civil litigation lawyer in a first-class law firm in Nandu.

But in civil litigation in general.

It mainly relies on the method of litigation and the angle of argumentation, and the tendency of the judgment lies with the collegial panel and the presiding judge.

In civil litigation, the basis is on the content of the evidence.

It just needs to be based on the evidence.

Xiao Feng is actually not optimistic about this case, but since he has already undertaken it, he still has to do his own duty as a lawyer.

Xiao Feng continued to speak:

"The identity information of our court personnel, Xiao Feng, a lawyer from Nandu Baichuan Law Firm, Chen Meixia, Li Zhuang, and Li Jun who appeared in court, and the agency authority is a special agent."

Special agents are also known as carte blanche agents.

The lawyer has the right to settle and withdraw the lawsuit on his behalf.

Knock knock!

"After the plaintiff's statement has been completed, the defendant is now requested to state the identity of the person appearing in court and the authority of the litigation agent."

Qian Wei turned his attention to the defendant's seat.

"Presiding judge, the identity information of our court personnel, lawyer Su Bai of Nandu Baijun Law Firm, assistant lawyer Li Xuezhen, and party Zhang Dahu, the agency authority is special authority."

Knock knock!

After verifying the identity information and agency authority, the presiding judge Qian Wei continued to speak:

"This case was tried by the Nandu DC District Court, with trial member Qian Wei serving as the presiding judge, and judges Xie Mingyan and Zhu Yuanfang forming a collegial panel."

"..... under the Code of Civil Procedure"

"If the plaintiff and the defendant have any objection to the judge appearing in this case, they may apply for recusal..."

"Does the original defendant have any objections? Do you want to apply for recusal? ”

Xiao Feng: "No objection, no application for recusal." ”

Su Bai: "No objection, no application for recusal." ”

Hearing the answers of both sides, Qian Wei began to read out the cause of the case:

"The cause of action in this case is that the plaintiff Chen Meixia accused the defendant Zhang Dahu of hitting Chen Meixia on Xishui Street on May 16, causing her to fall into a coma and be hospitalized, incurring huge medical expenses."

"Now Chen Meixia has filed a lawsuit against Zhang Dahu to recover medical expenses, as well as subsequent compensation, and mental loss expenses, is the cause of action true?"

"Presiding Judge, the cause of the case is true."

Knock knock!

"Confirm that the cause of action is true, and ask the plaintiff to begin to state the claims and legal basis."

"Okay presiding judge."

Xiao Feng nodded and spoke.

"There are only two points in our litigation application:"

"One: We ask the other party to compensate us for our medical expenses, mental damages, and follow-up medical expenses, totaling 400,000 yuan."

"Two: We require the other party to bear the litigation costs and attorney fees of this trial."

"Presiding Judge, we've finished our statement."

Knock knock!

After Xiao Feng's statement, Qian Wei turned a page of litigation materials and rang the gavel: "Please start the statement of the defendant." ”

"Okay presiding judge."

Su Bai nodded.

This is the first civil lawsuit against the defendant since he arrived here.

As a defendant.....

And a little bit less accustomed to it.

However, Su Bai only had this feeling for a moment.

Soon, Su Bai finished adjusting his state and looked at the seat on the trial table.

"Presiding Judge, we believe that the plaintiff's claim is unreasonable."

"We apply to dismiss the other party's lawsuit."

"Our claim is stated as follows:"

"One: The other party has no direct evidence to prove that Zhang Dahu knocked down Chen Meixia, and the accusation is not established.

Therefore, we do not have any responsibility for Chen Meixia's fall to the ground, and should not bear the relevant medical expenses. ”

"Two: After Zhang Dahu picked up Chen Meixia and kindly sent her to the hospital, he paid a certain amount of medical expenses out of kindness, and this part of the medical expenses was equivalent to Zhang Dahu lending to Chen Meixia.

However, Chen Meixia has not returned Zhang Dahu's medical expenses in advance, and determined that this is Zhang Dahu's compensation for medical expenses.

However, we did not knock down Chen Meixia at all, and we did not need to bear the medical expenses of compensation.

Here, we apply for Chen Meixia to return the medical expenses paid by Chen Dahu. ”

"Three: Zhang Dahu sent the comatose Chen Meixia to the hospital, and took the initiative to pay the medical expenses in advance, acting bravely and helpfully.

The malicious misinterpretation by the plaintiff has caused a huge impact on our reputation, and we request a public apology from the other party. ”

"Four: Our application, the litigation costs shall be borne by the plaintiff."

"Presiding Judge, we've finished our statement."

This lawsuit is filed .....

The plaintiffs could not accept it at all.

After listening to Su Bai's court presentation, Qian Wei in the trial seat frowned and glanced towards the defendant's seat.

And the old lady Chen Meixia in the plaintiff's seat was even more angry, and she couldn't accept Su Bai's conditions at all.

What the hell is this condition?

I took you to court just to make you pay me money, and now it's okay!

You're still looking for me for money?!

What else do you want me to pay in advance for the medical expenses, you have already paid the money, and let me pay you back?

What do you think?

How beautiful is it to think!

There are only three words: impossible.

I'm here today to ask for money, not to lose money.

Chen Meixia's heart is very firm: absolutely impossible.

.

….

Su Bai: ????

What's wrong with asking for money?

It's not that you pay for it, but that you pay back the medical expenses paid by Zhang Dahu, is there any problem?

You paid back the medical expenses paid by the well-wishers, no problem, right?

If it weren't for the fact that there was no evidence to prove that you were blackmailing, I would have sent you in with my backhand, and then I would have come out to blackmail when I was old.

Shouldn't the medical expenses that people kindly paid in advance want to come back?

Plaintiff's seat.

Chen Meixia pulled Xiao Feng's clothes:

"Lawyer Xiao, the other party's lawsuit application is really shameless, we must win this lawsuit...."

"Otherwise, I, a helpless old lady, really have nothing to do."

Chen Meixia and Xiao Feng whispered, muttering, and sold miserably.

But....

As a lawyer who has been in a first-class law firm for so long, what has Xiao Feng never seen?

Nodding, he said, "Don't worry.... If you go to court, you will definitely be able to protect your legal rights. ”

Legal rights?

Does this mean that there is no guarantee of winning?

didn't get the answer she wanted, Chen Meixia smiled and didn't say anything.

His face was obviously not good-looking, and he set his eyes on the seat on the trial stage.

Knock knock!

Qian Wei rang the gavel: "The litigation applications of both the original defendant and the defendant have been stated. ”

"Let's start with the factual or legal basis."

"Plaintiff, please start stating the factual or legal basis."

"Okay presiding judge."

Xiao Feng nodded and looked at Chen Meixia:

"Presiding Judge, we applied for our client to state the process at that time."

"If the application is approved, the parties can make a detailed statement of what happened at that time."

"Let's get started."

Seeing that the opportunity came, Chen Meixia immediately stood up and looked at Qian Wei, the presiding judge on the judgment table.

There was a tremor in his voice.

"I don't remember exactly, but I do remember this."

“.… I was on the road and was walking when I suddenly felt as if I had been hit by a big rock behind me. ”

"Then I lost consciousness.... However, before losing consciousness, I saw Zhang Dahu's face. ”

"Yes, yes, yes, it's the face of the one sitting in the dock."

Zhang Dahu's expression was surprised, oh yes, he was still holding a mobile phone in his hand at the time.

"And then I didn't know anything....."

"The presiding judge .... You must be in charge of us old people, for us disadvantaged groups. ”

"And...."

Chen Meixia shifted her gaze from the bench to the defendant's seat, her fingers trembled, pointing at Zhang Dahu, and her tone completely changed compared to just now.

The whole thing is a snarky face.

"Presiding judge..... it's him, it's me who hit the man on the other side!"

"He's just a bully, and he thinks he can get away without surveillance.... Although it was said that I was sent to the hospital and paid for the medical expenses.... But he knocked me down, and he deserves it! ”

"Why didn't he pay, why did he ask me to pay his medical bills?!"

"Now that I know that there is no monitoring to prove that he hit it, I said that it was not him, and asked me to refund the medical bills, and asked me to apologize to him."

"Why?"

"Isn't this a naked bully of me, an old man? Look at my age, I want to bully hard. ”

"I'm telling you, no one can bully me, and the law will give me justice!"

"The presiding judge ..... I'm an old man in my 70s, can I still lie to him?"

"He obviously knocked me down, and now he knows that there is no monitoring to prove it, and he said that he didn't hit me, what should I do....?"

"I can't produce evidence, but I know that he hit me, and I obviously saw him hit me...."

“.….….”

Chen Meixia has been holding on to this topic and making statements.

At this time, Su Bai raised his hand and asked, "Presiding Judge, I would like to ask a question." ”

"The plaintiff is over 70 years old, not to mention whether there is any intentional blackmail, in Zhang Dahu's dictation, Chen Meixia has fallen to the ground at that time.... In a semi-comatose state. ”

Chen Meixia was reviewed by law enforcement authorities for the first time, and during the investigation, she also said that she couldn't remember clearly.... But now, how can it be explained that Zhang Dahu was seen bumped? ”

"I still remember how Zhang Dahu hit him, I remember it so clearly."

"Besides, the other party said that Zhang Dahu hit him from behind, how did he see Zhang Dahu's face clearly?"

"Chen Meixia's statement completely contradicted the law enforcement department's review and investigation at the time.... and Chen Meixia's own confession at the time. ”

"And it doesn't correspond to facts or objective factors."

"May I ask the plaintiff, do you remember clearly at the time, was it Zhang Dahu who hit it?"

Chen Meixia was stunned for a moment, she didn't expect Su Bai to come to this show.

There was some awkward silence for a few seconds, and then blurted out:

"I'm old, and I don't remember very well after being hit at the time, but now I think about it, it was Zhang Dahu who hit me!"

"Then you mean that the confession at that time was inaccurate, right?"

"I...."

Chen Meixia hesitated for a few seconds, but she didn't say anything.

Bench on the judging table.

Knock knock!

Qian Wei rang the gavel hard, and a deafening sound sounded in the courtroom.

"The defendant must not interrupt the plaintiff's statement!"

"Now warn once!"

Hearing Qian Wei's warning, Su Bai frowned slightly....

He had already raised his hand just now, and if he said warning, why not when he first asked?

And on such a critical issue, interrupted him to warn?

Su Bai looked at the seat on the trial table.

noticed that the expression on Qian Wei's face was a little unnatural....

The brow is furrowed.

I wondered if this trial was not a simple civil lawsuit, right?

Su Bai faintly had a hint of expectation in his heart, and spoke: "Good presiding judge." ”

Qian Wei rang the gavel and interrupted Su Bai's inquiry, which made Chen Meixia breathe a sigh of relief.

Followed by.

Qian Wei spoke: "According to the evidence provided by the relevant law enforcement officers, I will now conduct a rough combing. ”

"The evidence provided by law enforcement officers came from the confessions of Chen Meixia and Zhang Dahu."

"The confessions of both sides are inconsistent."

"And the evidence provided by law enforcement officers has evidence of visiting and investigating."

"According to the evidence of the investigation, Zhang Dahu did help Chen Meixia, and it is also true that she was sent to the hospital."

"But no one really saw whether Chen Meixia was knocked down by Zhang Dahu, and did the original defendant have any objections to the above evidence and what happened?"

Su Bai: "No objection. ”

Xiao Feng: "No objection. ”

Knock knock!

"Since there is no objection between the two sides, let's start the arguments of both sides on this point."

"The plaintiff makes a statement first."

"Okay presiding judge, I think that in this case, no one saw whether our client Chen Meixia was hit by Zhang Dahu, but someone saw Zhang Dahu helping people up."

"So good...."

"According to our client, Chen Meixia, she was hit by Zhang Dahu."

"According to the confession of our client... Chen Meixia has no subjective need to lie. ”

"So I think our request is reasonable.... The sentencing of Zhang Dahu to compensation for the collision is an application to assert our legal rights. ”

How can it be called that sentencing Zhang Dahu to compensate for hitting people is the right to apply for law?

After Xiao Feng finished speaking, Su Bai immediately threw out a point of view.

"What does it mean that Chen Meixia has no subjective need to lie?"

"Chen Meixia's performance is already very obvious, she just wants money."

"Her subjective necessity was to find someone to bear her medical expenses and subsequent treatment costs, and to blackmail her with mental damage."

"To put it bluntly.... This kind of behavior of the other party is a kind of fraud. ”

"Besides..."

"Neither the plaintiff nor our defendant has evidence to show whether Zhang Dahu hit someone."

"Your party.... It is determined that Zhang Dahu hit someone, so is there any evidence? ”

"There's no evidence, right?"

Faced with Su Bai's questioning, Xiao Feng retorted:

"But you don't have any evidence to show that he didn't hit someone, but someone saw Zhang Dahu helping Chen Meixia up."

"Through this, it can be inferred that Zhang Dahu knocked Chen Meixia down."

"Do you have any evidence that you didn't hit someone? Again, no evidence! ”

"That is, the defendant cannot prove whether he hit someone."

On the other side, it's all nonsense....

The defendant cannot prove whether he hit someone, which means that the defendant hit someone?

What is this statement?

As a civil litigation lawyer, who doesn't know who asserts and who adduces evidence?

If you sue me, you have to come up with a factual basis, you can't come up with a factual basis, what are you guessing here?

But the other party didn't bring it up, and had to be involved in other aspects, saying that you had no evidence, and you hit it.

Su Bai: ???

There is no evidence on both sides, and you sue me, this matter is not a subjective case, but a case that pays attention to actual evidence.

What are you talking about?

.

….….

PS: Ask for a monthly pass~

It's just broken here.... If you write it down again, it's a famous scene that is broken....

The update will be a little later tomorrow.,Mainly for the continuous chapter~.

It could be around seven or eight o'clock in the evening.

(End of chapter)