The court has been in session for three months and the verdict has not yet come down. Is there a problem with the judge? 1. Civil cases:
1, the people's court shall conclude the case within three months from the date of filing the case;
2. 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.
3. Legal basis: Articles 149 and 16 1 of the Civil Procedure Law.
Second, criminal cases:
1. If it is a summary procedure, it shall be concluded within 20 days after acceptance; If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
2. if it is an ordinary procedure, it should be pronounced within two months after acceptance, and not more than three months at the latest.
3. Legal basis:
1) criminal procedure law (amended 20 12) article 202 the time limit for hearing a case of public prosecution shall be two months after the people's court accepts the case, and it shall not exceed three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
2) Article 214 of the Criminal Procedure Law (revised 20 12) applies to the trial of a case within the time limit of summary procedure, and the people's court shall conclude the case within 20 days after accepting it; If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
Three. Administrative cases:
1. If it is a summary procedure, it shall be concluded within 45 days from the date of filing the case.
2. If it is an ordinary procedure, a judgment of first instance shall be made within six months from the date of filing the case. If there are special circumstances that need to be extended, it shall be approved by the Higher People's Court. If the Higher People's Court needs to extend the time of first instance, it shall be approved by the Supreme People's Court.
3. Legal basis:
1) Administrative Procedure Law (revised in April 2065438) Article 83 An administrative case subject to summary procedure shall be tried by a single judge and concluded within 45 days from the date of filing the case.
2) Administrative Procedure Law (revised on 20 14) Article 81 The people's court shall make a judgment of first instance within six months from the date of filing the case. If there are special circumstances that need to be extended, it shall be approved by the Higher People's Court. If the Higher People's Court needs to extend the time of first instance, it shall be approved by the Supreme People's Court.
Haven't there been any judgments since the court opened? Is it a lawyer's duty to communicate with the judge? It is a lawyer's regular job to discuss and communicate with the judge on the facts of the case and the application of the law.
How long can I change the judge's decision after the first trial? In principle, changing judges will not affect the trial and judgment of the case, depending on the case.
2. If the case is complicated, the case will be tried at an ordinary level (composed of three judges, presiding judge and jurors) and usually closed within six months;
3. If the case is simple, it is a summary procedure (tried by a judge), which usually takes three months to conclude;
4. Legal basis:
1) Civil Procedure Law Article 149 A case tried by a 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.
2) Article 161 of the Civil Procedure Law 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.
After the trial, can I apply to the judge for withdrawal before the judgment? I can change the judge and ask the judge to withdraw. I think there are justified reasons and evidence to prove that we can't ask for a change of the case-handling judge at will.
Article 44 A judge shall recuse himself in any of the following circumstances, and the parties have the right to apply for his recusal orally or in writing:
(1) Being a party to the case or a close relative of a party or agent ad litem;
(2) Having an interest in the case;
(3) Having other relations with the parties or agents ad litem in this case, which may affect the fair trial of the case.
If a judge accepts a party or agent ad litem's invitation, or meets with a party or agent ad litem in violation of regulations, the party has the right to ask him to withdraw.
What if the judge refuses to make a judgment after the trial of the alimony dispute case? It may be that the case is complicated and it takes a long time to hear. According to the provisions of the Civil Procedure Law, the trial period of ordinary procedures is six months, which can be extended for six months if the president of our hospital needs approval; If it needs to be extended, it shall be reported to the people's court at a higher level for approval; The trial period of summary procedure is 3 months. If it is found that the case is not suitable for summary procedure during the trial, it can also be ruled to be converted into ordinary procedure.
code of civil 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.
Article 163 In the course of trial, if a people's court finds a case that is not applicable to summary procedure, it shall order it to be tried by ordinary procedure.
If the defendant bribes the judge to make a judgment, he can report the situation to the president, the Commission for Discipline Inspection or the people's court at a higher level, and it is best to provide relevant evidence.
The divorce case was tried three times, but the judge refused to make a judgment. What should I do? Hello, you need definite evidence to prove it.
The trial began on August 3. Why hasn't the verdict come down yet? Is it because the judge has changed? During the trial, the judge was transferred to another judge and took over too many cases in the court now, and the judgment had to wait. If it's really urgent, ask a lawyer or yourself to go to court.
The court has been in session for five months and has not yet pronounced a sentence. I called the judge and the judge said the mediation was still going on. I don't know the fact that it takes six months to close the case in the court according to the ordinary procedure.
According to the Civil Procedure Law of People's Republic of China (PRC).
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.