1. How many days is the appeal period?
1. How many days is the appeal period? It should be determined based on the specific circumstances:
(1) If it is a criminal proceeding, the time limit for appeals and protests against the judgment by the parties is ten days, and the time limit for appeals and protests against the ruling is five days, starting from the receipt of the judgment or ruling. Calculated from the next day;
(2) If it is a civil lawsuit, if the party concerned is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the higher-level people's court within fifteen days from the date of delivery of the judgment. File an appeal. If the parties concerned are dissatisfied with the ruling of the local people's court of first instance, they have the right to appeal to the higher people's court within ten days from the date of delivery of the ruling.
2. Legal basis: Article 171 of the "Civil Procedure Law of the People's Republic of China"
If the party concerned is dissatisfied with the judgment of the local people's court of first instance, he has the right to submit the judgment to An appeal shall be filed with the People's Court at the next higher level within fifteen days from the date of receipt.
Parties dissatisfied with the ruling of the local people's court of first instance have the right to appeal to the higher people's court within ten days from the date of delivery of the ruling.
Two. Under what circumstances can the appeal period be extended?
The appeal period can be extended under the following circumstances:
1. Due to force majeure reasons such as earthquake, fire, rain, snow, traffic interruption, etc., the party concerned may apply for an extension of the time limit.
2. If the party concerned has other legitimate reasons, such as unavoidable or unavoidable reasons, which delay the appeal period, he may apply for an extension of the appeal period within 10 days after these delaying factors are eliminated.
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Legal basis: Article 174 of the Civil Procedure Law of the People's Republic of China.
After receiving the appeal petition, the people's court of first instance shall serve a copy of the appeal petition to the other party within five days, and the other party shall file a reply within 15 days from the date of receipt. The People's Court shall serve a copy to the appellant within five days from the date of receipt of the statement of defense. If the other party fails to submit a statement of defense, it will not affect the hearing of the People's Court.
After receiving the appeal and defense, the first-instance People’s Court shall submit the entire case file and evidence to the second-instance People’s Court within five days.