Can multiple plaintiffs sue the same defendant at the same time? According to Article 55 of the Civil Procedure Law of the People’s Republic of China, if there are two or more plaintiffs, and the subject matter of the action is the same or of the same kind, the plaintiffs may file a joint action.
There are two scenarios here. The first is that the subject matter is the same, such as in inheritance disputes, joint tort disputes, or partnership debt disputes. In such disputes, the subject matter is likely to be the same, and the court shall consolidate the trials.
The second scenario is that the subject matter is of the same kind, in which case the court may consolidate the trial.
In a joint action, if there are more than ten plaintiffs, two to five plaintiffs may be elected as litigation representatives to participate in the litigation. Legal acts performed by litigation representatives during the proceedings, such as settlement or withdrawal of the lawsuit, shall affect the other represented plaintiffs.
However, Attorney Lyu would like to remind you that there is often a big gap between theory and practice. In many courts in China, the case-filing division does not allow multiple plaintiffs to sue the same defendant together. As for why the case-filing division does so, that is left for you to think about.
I am Qiang Lyu, a lawyer from Ningbo. If you like my video, please subscribe to my channel.
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Qiang Lyu
Attorney-at-law (PRC) ｜ Cross-Border Dispute Resolution
Qiang Lyu focuses on cross-border commercial dispute resolution, China supply chain disputes, international trade litigation, and foreign-related debt recovery matters. He has represented and assisted clients from the United States, Japan, South Korea, and Europe in disputes involving Chinese manufacturers, suppliers, and international business transactions.
His practice also includes China company law, intellectual property matters, and commercial contract disputes involving foreign-invested businesses and cross-border commercial activities.
Email:
lvqiang [at] xuzhousoft.com
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+86 187 9542 8064