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Introduction:
Litigation is something that many people have heard or experienced in their lives. In this society ruled by law, only in this way can we help ourselves to better safeguard rights, help ourselves to resolve disputes, clear up suspects and so on. It takes time to go to court, so how long does it usually take? China travel. Com Bian Xiao told us that it depends on the actual situation.
Different situations, different times. Under normal circumstances, the people's court receives a complaint and, after examination, finds that it meets the conditions for prosecution, it shall file a case within seven days; Those who believe that they do not meet the conditions for prosecution shall be ruled inadmissible within seven days. Summary procedure takes three months, ordinary procedure takes six months to make a judgment in the first instance, and the second instance usually takes three months to make a judgment.
1, summary procedure of ordinary procedure of first instance
Hualvwang
When a people's court tries a case by summary procedure (a judge tries a case alone), it shall close the case within three months from the date of filing the case.
2. Second instance procedure
Filing a case in the second instance: the people's court of second instance shall file a case within five days after receiving the appeal materials and files transferred by the people's court of first instance. If the people's court of second instance finds that the materials of the appeal case are incomplete, it shall notify the people's court of first instance within two days, and the people's court of first instance shall make up for it within five days after receiving the notice.
Time limit for hearing: According to the procedure of second instance, the time limit for hearing an appeal against a civil judgment is three months. If special circumstances require an extension, it may be extended for three months with the approval of the president of our hospital. The time limit for hearing a case against a civil ruling is 30 days.
3. Procedure of trial supervision
Time limit for appeal: If a party applies for a retrial, it shall do so within two years after the judgment or ruling becomes legally effective.
4. Execution procedures
Time limit for appeal: one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations.
Limitation of execution: the execution case shall be settled within six months from the date of filing, and the non-litigation execution case shall be settled within three months from the date of filing. If there are special circumstances that need to be extended, it may be extended for three months with the approval of the president of our hospital. If it is really necessary to extend it, it shall be reported to the Higher People's Court for the record.
Who will pay for the lawsuit?
1, legal fees (appraisal fees may be incurred)
Generally speaking, the plaintiff pays the legal fees in advance. After the trial, the judgment will share the legal fees according to the responsibility of the original defendant, and the party who completely loses the case will generally be sentenced to bear all the legal fees (appraisal fees).
2. Attorney's fees
The lawyer's fee shall be paid by the party requesting the lawyer. However, in civil and commercial cases, when one party becomes the defendant, if a lawyer is hired to defend it, and the plaintiff wins the case (the law supports one party to repay the necessary expenses paid by the other party for the trial of the case), the plaintiff may be required to pay this fee.
There are many aspects of litigation time. In order to benefit yourself, it is best to discuss your actual situation with China Travel Service. Com lawyer.
Disclaimer: This work is the author's integration of laws and regulations, government official website and Internet-related knowledge. If the content is wrong, please contact to delete it by reporting.
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