Application for witness testimony 1
I. Format of application for labor arbitration:
1. The basic information of the applicant and the responden
Application for witness testimony 1
I. Format of application for labor arbitration:
1. The basic information of the applicant and the respondent shall be stated, such as name (in addition to the name of the enterprise, the legal representative shall also be stated), gender, date of birth, nationality, ID number, work unit, company address, home address, telephone number, etc.
2, specify the application matters. This is what you want to advocate. For example, paying arrears of wages, paying economic compensation, and double wages without signing a labor contract.
3. State the facts and reasons, and describe the time, place, reasons, events, methods, means and consequences of labor disputes between the two parties, especially the key facts that caused labor disputes between the two parties. And when to join, what to do, and agreed salary. It should be comprehensive and concise.
4. Then write conclusions and contributors. "I hereby apply to your Committee for a ruling according to law" and "I hereby apply to XX County (city) Labor Dispute Arbitration Committee".
5. The final signature is the name and date of the applicant, and the handwritten signature is handprinted.
Second, the labor arbitration application form:
Labor arbitration application
Applicant: ××, female, Han nationality, date of birth and address.
Respondent: XXX company.
Address: ××
Legal Representative: ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Application items:
1. Request that the respondent pay the social endowment insurance premium and late payment fee for the applicant according to law, totaling RMB 18000 yuan.
2. Request that the respondent pay medical insurance premiums totaling 20,000 yuan for the applicant according to law.
Three. Requesting the respondent to pay the applicant double wages totaling 26,000 yuan (20xx 65438+ 10 to date).
Facts and reasons:
The applicant has been working in the respondent's office since March 8, 20xx, and is now the sales manager of the company. The two sides have formed a de facto labor relationship. Because the applicant works for the respondent, the respondent has never paid any insurance to the applicant, and has not signed a written labor contract with the applicant.
The applicant believes that according to the Labor Contract Law and relevant laws and regulations, the employer should sign a labor contract with the employee and pay all kinds of insurance for him, but the respondent has never paid all kinds of insurance to the applicant, which has violated the legal provisions. In order to safeguard the legitimate interests of the applicant, the applicant asked him to pay insurance for many times, but the respondent refused to pay, resulting in a high late payment fee for the applicant's insurance expenses. At the same time, according to the provisions of the Labor Contract Law, if a labor contract is not signed, the employer shall pay the employee twice the salary. In order to safeguard the legitimate interests of the applicant, we now apply for labor dispute arbitration, requesting that the respondent pay insurance and late fees for the applicant, and pay the applicant double wages according to law.
I am here to convey
××× Labor Dispute Arbitration Commission
Applicant:
date month year
Application for witness testimony 2
Applicant: Jiangsu xxxxx Co., Ltd. Address: No.8 xxxXX Industrial Park, XXX County, Jiangsu Province.
Legal representative: xxx, chairman of the board.
Application: Applicant witness Gao xx will testify in court.
Object of proof: It proves that the gear delivered to the applicant by Shanghai xxxxx Gear Co., Ltd. does not meet the quality standards agreed in the contract.
Facts and reasons:
In the case of the dispute over the sales contract between the applicant and the defendant Shanghai xxxxx Gear Co., Ltd., the applicant and the defendant signed an industrial product sales contract on 20x 13 10/3, stipulating that the gears sold by the defendant should be manufactured according to the quality standards stipulated in the drawings designed by Shanghai CSSC 20xx Design and Research Institute. According to the requirements of drawings, the hardness of gears should be quenched and tempered to reach the quality standard of 220 ~ 250. However, the gear was actually used for less than three months, and the user found that the gear was seriously worn, so he went to the scene to test the gear hardness with Zhang xx, a technician of the defendant unit, and Gao xx, an engineer of Shanghai X Design and Research Institute. It was found that the average hardness of the gear delivered by the defendant to the plaintiff was only 65,438+065, far below the agreed hardness standard of 220 ~ 250. The above-mentioned field test was signed and approved by all the people present. Gao xx, as the drafter of the drawings and the on-site inspector, is well aware of the fact that the gears delivered by the defendant are seriously worn because they do not meet the agreed hardness standards. In order to find out the facts of the case, the applicant applied to your hospital for witness Gao xx to testify in court according to the relevant provisions of the law, proving that the defendant failed to deliver the gear that did not meet the agreed quality standards to the applicant.
Basic information of the witness:
I am here to convey
Xx District People's Court of Shanghai Municipality
Applicant:
Specially authorized agent:
Apply for witness testimony 3
Applicant? , (gender), (date of birth or age), (nationality), (occupation or work unit and position), (address). Telephone:?
(Note: If the applicant is a citizen, please state his identity in the above order and format. )
Applicant? , where is the household registration? .
Legal representative (or representative)? , (location). Telephone:?
(Note: If the applicant is a legal person or other organization, please state your identity in the above order and format. )
Plaintiff? Your hospital has accepted the dispute with the defendant (please specify the name and cause of action of the defendant here). In order to find out the facts of the case, according to the first paragraph of Article 54 of the Provisions of the Supreme People's Court on Evidence in Civil Litigation (or the first paragraph of Article 43 of the Provisions of the Supreme People's Court on Evidence in Administrative Litigation), the applicant now applies to your hospital for the following witnesses to testify in court. Please allow them.
1. witness? , (gender), (date of birth or age), (nationality), (occupation or work unit and position), (address). Telephone:?
Prove the facts:
I am here to convey
Yuhuan county people's court
Applicant: (signature and fingerprint or seal)
Date, year and month
Application of witnesses to testify Article 4
Applicant:
Subject matter of application: notify the witness? Testify in court.
Reasons for application:
? Department and l? With what? Refund dispute &; R, an important witness in this case, returned to Yunfu during the first trial of this case, and was not in Guangzhou, so he could not be contacted, resulting in the appellant? It is objectively impossible to apply for him to testify in court. Now he has returned to Guangzhou. Therefore, he is specially requested to testify in the second instance.
? Can you prove the appellant? With what? There is an oral transfer agreement between them, which reads:&; L the machinery and equipment of the washing plant is priced at 260,000 yuan, which is determined by? Pay 6.5438+0.3 million yuan to? ,? Enjoy 50% of the shares in the plant, and all the equipment in the washing plant will be owned by both parties, and the profits and losses will be shared equally in the future. After the agreement? Paid 654.38+ten thousand yuan to? , belonging to the transfer, not the contribution &; r .
As an appellant? The agent of. After consulting the evidence, we think he is the key witness in this case. In order to find out the facts of the case, he needs to testify in court. He applies here and asks your college to inform him (note: if your college allows us to inform him).
I am here to convey
? City Intermediate People's Court
Applicant: Lawyer:
Year? Month? sun
Attachment: witness:? Male, Han nationality, ID card address:, current residence, Tel:
Apply for witness testimony 5
Witness testimony is one of the most commonly used evidences in civil litigation, and it is also an important basis for finding out the facts of the case and handling the case correctly. In the judicial practice of civil litigation, the author found that the parties always orally applied for witnesses to testify in court after the court session and explained them.
The witness is waiting outside. Under normal circumstances, the judge will give permission to find out the facts, but in fact this practice does not comply with the relevant provisions of the law.
First of all, for civil cases tried by ordinary procedures, the parties should apply for witnesses to testify in court ten days before the expiration of the time limit for adducing evidence. Article 54 of the Supreme Court's Provisions on Evidence in Civil Litigation stipulates: "A party applying for a witness to testify in court shall submit it ten days before the expiration of the time limit for adducing evidence and obtain the permission of the people's court. If the people's court allows the parties to apply, it shall notify the witness to testify in court before the court session, and inform him how to testify and the legal consequences of perjury. " It can be seen that the application of a witness to testify in court should not only be made by the parties ten days before the expiration of the time limit for giving evidence, but also be notified by the people's court to testify in court, so that witnesses can testify in court in a standardized manner.
Secondly, for civil cases that are tried by summary procedure, the parties should also apply for witnesses to testify in court before the expiration of the time limit for adducing evidence. Article 22 of the Supreme Court's Provisions on the Application of Summary Procedure stipulates: "In a civil case that is tried by summary procedure, the parties and their agents ad litem shall apply to the people's court for investigation and collection of evidence, and apply for witnesses to testify in court, but the time limit for filing the application is not limited by Articles 19 and Article 54 1 of the Supreme People's Court's Provisions on Evidence in Civil Procedure." The time limit for adducing evidence in the Provisions of the Supreme Court on Evidence in Civil Proceedings is only applicable to ordinary procedures, and the time limit for adducing evidence in summary procedures is not limited by the 30-day limit in the Provisions.
The time limit for adducing evidence in summary procedure shall be determined according to the requirements of the parties and the difficulty of the case. Generally, the time limit for adducing evidence in a case should be determined according to the following different situations.
In the first case, the defendant clearly indicated that he needed a reply in 15 days when responding to the lawsuit. Then according to Article 65,438+065,438+03 of the Civil Procedure Law of People's Republic of China (PRC), the time limit for defense is 65,438+05 days, so the time limit for giving evidence is not less than 65,438+05 days. Both parties may determine the time limit for adducing evidence through consultation, which shall be approved by the court. The court shall record the time limit for giving evidence through consultation, but the time limit for giving evidence through consultation should not be too long. The presiding judge should consider a time limit of three months, preferably within 30 days. If both parties fail to reach an agreement on the time limit for adducing evidence, the court will specify the time limit for adducing evidence, generally within 15 days and 30 days.
In the second case, if the defendant clearly indicated that 15 days is not needed when responding to the lawsuit, the time limit for adducing evidence can be determined by both parties through consultation, and the time limit determined through consultation must be within 15 days; If negotiation fails or negotiation fails, the court may specify a time limit for adducing evidence. When setting the time limit for adducing evidence, the court shall solicit the opinions of the defendant and determine the time limit for adducing evidence, which is generally limited to 15 days.
xxx
Xx，xx，XX，XX
Application for witness testimony 6
Applicant: lawyer xxx.
Unit: xxx law firm
Address: xxx Building, Block xxx, xxx Office Building
Contact telephone number:
The applicant accepted the entrustment of defendant xxx and the assignment of xxx law firm according to law, and acted as the defender of defendant xxx in the case of defendant xxx's crime. Apply to your hospital to inform Gao xx, the only key witness in this case, to testify in court according to law. (Name: xxxx, gender: xxx, ID number: xxx, current address: Room X, Building xxx. Tel: xxx)
Facts and reasons:
After accepting the entrustment of the client, the applicant investigated the case according to law, met with the defendant xxx, and carefully read the relevant materials of the case. The applicant found that there was only xxx verbal evidence in the testimony and identification records of the case file. The applicant believes that his testimony and identification record are the only key evidence of conviction and sentencing in this case, and they are isolated evidence of this case, which cannot be corroborated with other evidence to prove the defendant guilty.
According to the first paragraph of Article 37 of the Criminal Procedure Law of People's Republic of China (PRC), "defense lawyers ... may apply to the people's procuratorate or the people's court to collect and obtain evidence, or they may apply to the people's court to notify witnesses to testify in court." Paragraph 1 of Article 48 stipulates: "Anyone who knows the circumstances of a case has the obligation to testify." Article 13 of "the Supreme People's Court, the Supreme People's Procuratorate, Ministry of Public Security, Ministry of National Security, Ministry of Justice, and Legislative Affairs Commission of the National People's Congress Standing Committee (NPCSC)" stipulates: "Defense lawyers may also apply to the people's procuratorate and the people's court for collecting and obtaining evidence and to the people's court for notifying witnesses to testify in court in accordance with the provisions of Article 37 of the Criminal Procedure Law." The first paragraph of Article 337 of the Criminal Procedure Law of the People's Procuratorate stipulates: "The witness shall be notified by the people's court and shall be responsible for arranging to testify in court." Accordingly, we apply to your hospital for the above-mentioned witnesses to testify in court according to law, so as to find out the facts of the case and protect the defendant from wrong criminal prosecution and judgment. I am here to convey
Xx people's court
Xx lawyer affairs
Lawyer: xxx
Xx，xx，XX，XX