How long does it take for a lawyer to file a lawsuit? The statute of limitations for attorneys filing civil lawsuits is three years. The statute of limitations generally refers to the provisions of the Civil Code on the statute of limitations for civil disputes, which is generally three years. However, the law also has some special provisions on the statute of limitations, that is, in personal injury compensation, the sale of unqualified goods, undeclared property, and deposited property The four statutes of limitations for lost or damaged rent, late payment or refusal to pay rent are one year. Therefore, when preparing for litigation, the parties must clarify the statute of limitations and file the lawsuit within the statute of limitations. Legal basis: Article 188 of the "Code of the People's Republic of China" stipulates that the statute of limitations for people's courts to protect civil rights is three years. If the law provides otherwise, such provisions shall prevail. The statute of limitations shall be calculated against the obligor from the date when the obligee knew or should have known that the right had been damaged. If the law provides otherwise, such provisions shall prevail. However, if it has been more than twenty years since the right was damaged, the People's Court will not grant protection; under special circumstances, the People's Court may decide to extend the time based on the right holder's application.
2. What are the procedures for filing a lawsuit in the People's Court? 1. If a party files a lawsuit in the People's Court, it shall submit materials on the conditions for prosecution to the People's Court in accordance with Article 108 of the Civil Procedure Law, and cooperate with the People's Court in the standardized management of the case. 2. Standard requirements for parties to submit civil complaints to the people's court: (1) Basic information of the parties: If the party is a natural person, state the name, gender, date of birth, ethnicity, occupation, work unit and residence; if the party is a legal person or For other organizations, state the full name, address, name and position of the legal representative or principal person in charge; for persons with civil litigation capabilities, state the name and position. For persons without capacity for civil conduct, state the basic identity of the legal representative; (2) Litigation claims: required to be concise, clear, and specific; (3) Facts and reasons: clear, concise, and related to the litigation claims; (4) Prosecution Number of copies of the complaint: one original, and the number of copies shall be provided by the defendant and the third party; (5) Writing of the complaint: written or printed with a blue or black signature pen; (6) signature or Seal: If the plaintiff is a natural person, the copy shall be signed by the person; if the plaintiff is a legal person or other organization, the official seal of the unit shall be affixed; if the plaintiff is an individual industrial and commercial household, the owner of the business license registration shall act as the plaintiff and sign. The plaintiff’s signature or seal indicates the date of the complaint. 3. When filing a civil lawsuit in the People's Court, the identity certificate of the party concerned must be submitted, and the court's special delivery address confirmation letter, party information registration form and evidence catalog must be filled in. If the plaintiff is a natural person, he should submit a copy of his resident ID card and bring the original for reference; if he is a unit, he should submit a copy of his business license with an official seal and the identity certificate of the legal representative or principal responsible person. If the plaintiff is a person without capacity for civil litigation, proof of identity and relationship between the plaintiff and his legal representative shall be submitted. 4. Jurisdiction is determined by the citizen’s domicile. If the citizen’s domicile is inconsistent with his usual place of residence, proof of domicile must be submitted when filing a lawsuit. If it is determined by the jurisdiction of the people's court of the place where the defendant (or plaintiff) habitually resides, a certificate issued by the police station or residents' committee (village committee) that the defendant (or plaintiff) has lived continuously in the jurisdiction of the district court for more than one year until the time of filing the lawsuit shall be submitted. Or temporary residence permit. 5. If the prosecutor has appointed an agent, he shall submit the original power of attorney signed or stamped by the client, which shall state the authority and period of the entrustment. If the authority of entrustment is full authority, the specific authorization method shall be stated, otherwise it will be regarded as general acting. If a citizen is entrusted to act as an agent, a copy of the agent's ID card should be submitted and the original should be provided for verification. If a lawyer or legal worker is entrusted to act as an agent, a copy of the lawyer's practicing certificate or legal worker's practicing certificate shall be submitted and the original shall be provided for verification, and an official letter from the law firm or legal service office shall be submitted at the same time.
6. When filing a lawsuit, you should submit the original or copy of the basic evidence required for filing the case for verification, fill in the list of evidence materials, indicate the evidence number, name, source, content and object of proof, and indicate that the original or copy of the evidence is signed by the plaintiff or agent. or stamped. The list of evidence materials should be made in two copies, one to be handed over to the plaintiff and one to be kept on file; the evidence requires one original and one copy. The defendant and the third party should serve copies of the evidence to the court at the same time as the copies of the indictment submitted. . To file a lawsuit in the People's Court, the first step is to entrust a lawyer and his law firm to submit a complaint to the People's Court; secondly, prepare litigation evidence and factual materials (witnesses; physical evidence; witness testimony, etc.); and finally, the People's Court lawyer provides the parties with Legal defense opinions shall be heard by the People's Court in accordance with the law.