According to the civil procedure law
Article 146 The trial may be postponed under any of the following circumstances:
(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court;
(2) The party concerned temporarily applies for withdrawal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
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.
Criminal procedure law
Article 198 In the course of a court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
(1) It is necessary to notify a new witness to appear in court, obtain new material evidence, re-evaluate or conduct an inquest;
(two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions;
(3) The trial cannot be conducted due to the application for withdrawal.
Article 199 The people's procuratorate shall complete the supplementary investigation of a case postponed in accordance with the provisions of the second paragraph of Article 198 of this Law within one month.
Extended data
Article 455 In the course of a court trial, the public prosecutor may suggest that the court postpone the trial under any of the following circumstances:
(1) If it is found that the facts are unclear, the evidence is insufficient, or the accomplice or suspect is omitted, it is necessary to make supplementary investigation or provide supplementary evidence;
(2) The defendant needs supplementary investigation and verification to expose other people's criminal acts or provide important clues;
(3) If it is found that the accomplice is guilty or the criminal suspect is omitted, it is necessary to supplement, add or change the prosecution, although it is not necessary to supplement the investigation and provide supplementary evidence;
(four) apply to the people's court to notify witnesses and expert witnesses to testify in court or people with specialized knowledge to express their opinions in court;
(five) the need to obtain new evidence, re identification or inspection;
(6) The public prosecutor needs to give the defendant and the defender necessary time to prepare their defense when presenting and reading evidence other than that transferred to the people's court before the court session, or supplementing or changing the prosecution;
(seven) the defendant and defender produce evidence related to conviction and sentencing that the public prosecutor does not have, which needs to be investigated and verified;
(8) The public prosecutor needs to investigate and verify the legality of evidence collection.
Before the people's court opens a court session, if one of the above circumstances is found, the people's procuratorate may suggest that the people's court postpone the trial.
References:
National People's Congress-Civil Procedure Law
References:
Jiangsu Procuratorial Network-Criminal Procedure Rules of People's Procuratorate (Trial)
References:
Central People's Government-Criminal Procedure Law