UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-6 Entered on FLSD Docket 10/14/2010 Page 53 of 75
or conciliation conducted to maintain the adoptive relationship is refilled within six months without new developments and reasons, it shall
not be accepted, unless the suit is brought by the defendant of the original case.
Article 112. When a people's court receives a bill of complaint or an oral complaint and finds after review that it meets the requirements for
acceptance, it shall file the case within seven days and notify the parties concerned; if the complaint does not meet the requirements for
acceptance, the court shall within seven days order that the complaint be rejected. If the complainant has an objection against the order, he
may file an appeal.
SECTION 2 PREPARATIONS FOR TRIAL
Article 113. The people's court shall send a copy of the bill of complaint to the defendant within five days from its acceptance of the case,
and the defendant shall file a bill of defence within 15 days from his receipt of the copy of the bill of complaint.
If the defendant files a bill of defence, the people's court shall send a copy of the bill of defence to the plaintiff within five days from its
receipt. Failure by the defendant to file a bill of defence shall not prevent the case from being heard by the people's court.
Article 114. The People's court shall, in relation to cases whose acceptance has been decided, notify the parties orally or in the notification
on case acceptance or in notifica ion on response to prosecution, of their relevant litigation rights and obligations.
Article 115. The parties shall be promptly notified after members of the collegial panel are decided.
Article 116. The judicial personnel must carefully examine the case materials and carry out investigation and collection of necessary
evidence.
Article 117. The personnel sent by a people's court to conduct an investigation shall first show their credentials to the person being
investigated. The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the
investigator and the investigated.
Article 118. A people's court may, when necessary, entrust a people's court in another locality with an investigation.
The entrusting people's court shall clearly set out the matters and requirements of the entrusted investigation. The entrusted people's court
may on its own initiative conduct supplementary investigation.
The entrusted people's court shall complete the investigation within 30 days after receiving the rogatory letter. If for some reason it cannot
complete the investigation, it shall notify the entrusting people's court in writing within the above mentioned time limit.
Article 119. If a party who must participate in a joint lawsuit fails to participate in the proceedings, the people's court shall notify it to
participate.
SECTION 3 TRIAL IN COURT
Article 120. Civil cases in a people's court shall be heard in public, except for those that involve state secrets or the private affairs of
individuals or are otherwise provided by law.
A divorce case or a case involving trade secrets may not be heard in public if a party so requests.
Article 121. In handling civil cases, the people's courts shall, whenever necessary and possible, send out circuit tribunals to hold trials on
the spot.
Article 122. The people's court shall notify the parties and other participants in civil case three days before the opening of a court session. If
a case is to be heard in public, the names of the parties, the cause of action and he ime and location of the court session shall be
announced publicly.
Article 123. Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants in the
case are present and announce the rules of order of the court.
At the beginning of a trial, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial
personnel and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not hey wish to
apply for the withdrawal of any court personnel.
Article 124. Courtroom investigation shall be conducted in the following order:
(1) presentation of the statements by the parties;
(2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the statements of absentee
witnesses;
(3) presentation of documentary evidence, material evidence and audio visual reference material;
(4) reading of the expert conclusions; and
(5) reading of the records of inquests.