The reissue process of losing judgment
1. After the written judgment is lost, if the parties use the written judgment, they can bring their ID cards and inquire in the archives of the court hearing the case;
2. The archives of the court will have all the case files. Go directly to the archives to ask for a copy of the judgment, and the archives will price this seal in line with the plaintiff.
After a criminal case is pronounced in the first instance, the appeal period shall be within ten days from the second day when the judgment is served on the party concerned. The validity of the first-instance judgment should be determined during the appeal. If there is no protest during the appeal period, the judgment will take effect on the day after the expiration of the appeal period. If the last day of the appeal period is a holiday, the first day after the holiday is the expiration date. That is to say, under normal circumstances, the appeal period is from the second day to the tenth day after the judgment is served, and the eleventh day is the day when the judgment becomes effective. The tenth day is a holiday, the first day after the holiday is regarded as the tenth day, and the next day is the effective date of the judgment. During the appeal period, if the parties file an appeal or the procuratorial organ protests, the effectiveness of the first-instance judgment will always be pending.
After the second instance of a case, if the original judgment is upheld by the ruling of the second instance, the ruling of the second instance shall be final and take legal effect after being served. On the effective date of the ruling, the effectiveness of the first-instance judgment changes from the pending state to the effective state, and the first-instance judgment becomes effective at this time.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 152
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.
Article 153
In any of the following circumstances, the lawsuit shall be suspended:
(a) one of the parties dies and needs to wait for the heir to indicate whether to participate in the proceedings;
(2) One party has lost the capacity for litigation and has not yet determined his legal representative;
(3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;
(4) One party is unable to participate in the litigation due to irresistible reasons;
(five) the case must be based on the trial result of another case, and the other case has not yet been concluded;
(6) Other circumstances in which litigation should be suspended.
After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed.