UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-6 Entered on FLSD Docket 10/14/2010 Page 54 of 75
Article 125. The parties may present new evidence during a court session.
With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors.
The parties may request a new investigation expert evaluation or inquest, subject to the approval of the people's court.
Article 126. Additional claims by the plaintiff, counterclaims by the defendant and third party claims related to the case may be tried
together.
Article 127. Court debates shall be conducted in the following order:
(1) presentation of oral statements by the plaintiff and his agents ad litem;
(2) response by the defendant and his agents ad litem;
(3) presentation of oral statements or defence by the third party and its agents ad litem;
(4) debate between the two sides.
At the end of the court debate, the presiding judge shall ask each side to present his final arguments, with the plaintiff going first, then the
defendant, and then the third party.
Article 128. At the end of the court debate, a judgment shall be made according to law. Where conciliation is possible prior to the rendering
of a judgment, conciliation effort may be conducted; if conciliation proves to be unsuccessful, a judgment shall be made without delay.
Article 129. If a plaintiff has bee served with a legal subpoena from a people's court and refuses to appear in court without justified reason,
or if he walks out during a court session without the permission of the court, the court may consider the plaintiff has applied to withdraw his
complaint; if the defendant files a counterclaim, the court may make a judgment by default.
Article 130. If a defendant has been served with a legal subpoena from a people's court and refuses to appear in court without justified
reason, or if he walks out during a court session without the permission of the court, the court may make a judgment by default.
Article 131. If a plaintiff applies to withdraw his complaints before judgment is pronounces, the people's court shall make an order regarding
whether to grant approval.
If the withdrawal of complaints is disallowed by an order, and the palintiff, after having been served with a subpoena, refuses to appear in
court without justified reason, the people's court may make a judgment by default.
Article 132. Under any of the following circumstances, court session for trail may be postponed:
(1) the parties of other participants in the proceedings required to appear in court fail to do so for justified reasons;
(2) a party requests the withdrawal of a member of the judicial personnel only presently;
(3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, hold another inquest, or make
supplementary investigation; or
(4) other circumstances arise that warrant the postponement.
Article 133. The court clerk shall make a written record of the entire court proceedings, which shall be signed by the judicial personnel and
the court clerk.
The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read the record while
in court or within five days. If the parties or other participants in the proceedings consider that there are omissions or errors in the record of
their statements, they shall have the right to apply for additions or corrections. If such additions or corrections are not made, the application
shall be written into the case file.
The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be recorded in a
note to be attached to the file.
Article 134. The people's court shall publicly pronounce its judgment in all case, whether publicly tried or not.
If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days; if a judgment is pronounced later
on a fixed date, the written judgment shall be issued immediately after the pronouncement.
Upon pronouncement of a judgment, the parties must be informed of their right to file an appeal, the time limit for appeal and the court to
which they may appeal.
Upon pronouncement of a divorce judgment, the parties must be informed not to remarry before the judgment takes legal effect.
Article 135. A people's court shall, in handling a case to which ordinary procedure is applied, close it within six months from filing the case.
Where an extension of the term is necessary for special circumstances, a six month extension may be given subject to he approval of the