If the labor arbitration has won the case and the other party refuses to accept the appeal, how long will it take to conclude it? It is not an appeal, but a civil lawsuit to the court. The summary procedure of civil procedure is 3 months, and the ordinary procedure is 6 months. If the case is complicated, it may be postponed to one year. If you are dissatisfied with the labor arbitration, the court may file an arbitration file and close the case within 6 months.
Labor arbitration law:
Article 47 The arbitration award of the following labor disputes is final and takes legal effect as of the date of making it, except as otherwise provided by this Law:
(a) labor remuneration, medical expenses for work-related injuries, economic compensation or the amount of compensation not exceeding the local minimum monthly wage 12 months;
(two) disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.
Article 50 If a party refuses to accept the arbitration award of other labor dispute cases other than those stipulated in Article 47 of this Law, he may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
I filed a lawsuit with someone, and won the first trial, but the other party refused to accept the appeal. There is no time for the second trial in the civil appeal. What should we do now? Ordinary civil cases must be brought to the court where the defendant is located. When bringing a lawsuit, a civil complaint, relevant evidence, appraisal and other materials shall be submitted to the court. As for whether to hire a lawyer, if you are sure, you don't need to hire a lawyer, but if the case is complicated and uncertain, you'd better consult a lawyer in person. ...
I won the case and the other party appealed. How long does it take for the court session? It takes about half a month for the two courts to adjust the files.
The appeal period is three months. Usually there will be a verdict in about two and a half months.
If the plaintiff refuses to accept the appeal and the defendant also appeals, how to determine the parties? If the plaintiff refuses to accept the appeal, the defendant also appeals, and the party is the appellant.
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The defendant refused to accept the judgment and appealed to the intermediate court. Is there a time limit for the trial? According to the provisions of the Civil Procedure Law, after accepting an appeal case, the people's court should conclude it within three months, which is the time limit for the second trial, that is to say, the hearing within three months is procedural. However, in practice, it is normal to hold a court session within 30 to 60 days after some legal procedures.
Article 176 of the Civil Procedure Law The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
If the other party refuses to accept the arbitration award and appeals, how many days will the court open? Hello, your question is answered by lawyer Huang as follows:
According to the arrangement of the court, there is a probation period.
Will there be a trial during the appeal against the first instance? Hello.
You can appeal if you refuse to accept the first instance. During the appeal period, the court can only open the court after accepting it, which is not so fast. The second trial is usually in writing. If the facts are clear, the evidence is sufficient, and the original judgment is not wrong, a verdict can be pronounced.
How long does the second trial usually take after the appeal is served? If it is a civil case, it is generally concluded within three months after the second instance is filed.
Article 159 of the Civil Procedure Law The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital. When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
If it is a criminal case, it will be concluded within two months.
Article 232 of the Criminal Procedure Law The people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
The court hearing time of the appeal is not clearly stipulated in the law, and it is decided by the presiding judge. As long as it is concluded within the time limit prescribed by law, it is legal.
If the other party refuses to accept the labor arbitration and appeals to the court, how long will it take after the trial? Article 161 of the Civil Procedure Law, if a people's court applies summary procedure, it shall conclude the case within three months from the date of filing the case.
Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.