Legal analysis
Generally speaking, the court will close the case within the time limit prescribed by law, so the judgment will be issued at this time. As for the length of decentralization, it depends on whether it is the first or second trial or the retrial procedure. Because the procedures are different, there will be different time limits. For example, during the first trial, the trial time will be longer, and it may take half a year from the filing to the end. Therefore, the judgment will be decentralized in about 5 months. Of course, some cases are relatively simple and will end earlier. If it takes more than five months, please don't be upset. After all, this case is the first instance, and there are many problems to be solved, such as the authenticity of the facts, which legal provisions are applicable, and ensuring that the procedures are not wrong. In addition, the court of first instance is very busy, and it is not easy for judges to handle at least one case every day. The second trial procedure is the fastest, generally about 2 months, at the latest about 3 months. If it is a case that does not need to be heard in court, it will be faster. Generally, the judgment can be issued in about 1 month. As for the retrial procedure, it is the slowest procedure. Generally, you have to wait for half a year to receive a notice about whether you can file a case. Of course, some cases will be accepted soon, depending on how many things are decided by the Provincial High Court or the Supreme Court. After a retrial case is put on file, it usually takes about 4 months to get a verdict. Because it involves starting retrial procedure, the judge will be very cautious, so it takes time to ponder.
legal ground
People's Republic of China (PRC) Civil Procedure Law
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.
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
Article 176 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.