How long does it usually take to go to court?

How long does it usually take to go to court? It depends on the situation and the time is different. Under normal circumstances, after receiving the complaint, the people's court, after detailed examination, considers that it really meets the conditions for prosecution, and shall file a case within seven days; If it considers that it does not meet the conditions for prosecution, it shall make a ruling of inadmissibility within seven days. Summary procedure usually takes three months, ordinary procedure takes six months to make the first-instance judgment and the second-instance judgment takes three months.

Legal analysis

According to the relevant laws and regulations of the state, the people's court shall conclude the relevant cases by applying summary procedures within three months from the date of filing the case. 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. According to the procedure of second instance, it takes three months to hear cases related to appeals against civil judgments. In case of special circumstances, it can be extended for another three months with the approval of the president of our hospital. The time limit for hearing appeals against civil decisions is 30 days. If a party needs to apply for a retrial, it shall do so within two years after the judgment or ruling becomes legally effective. The appeal period of both parties or one party is one year, and the appeal period of both parties is six months.

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 161 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.