What if the appeal period expires?
When we miss the appeal deadline, we can appeal to the court of first instance or a higher court to apply for a retrial. You can also apply to the procuratorate for protest.
In any of the following circumstances, you may apply to the people's court for retrial:
1. There is new evidence enough to overturn the original judgment or ruling;
2. The basic facts identified in the original judgment or ruling lack evidence to prove;
3. The main evidence of the facts ascertained in the original judgment or ruling is forged;
4, the original judgment or ruling found that the main evidence of the facts without cross examination;
5, the evidence needed for the trial of the case, the parties can not collect their own due to objective reasons, a written application to the people's court for investigation and collection, the people's court did not investigate and collect;
6. The original judgment or ruling was wrongly applied by law;
7, in violation of the provisions of the law, the jurisdiction is wrong;
8. Judges whose composition is illegal or who should be avoided according to law have not avoided;
9. A person without legal capacity does not have a legal representative to participate in the litigation, or the party who should participate in the litigation does not participate in the litigation for reasons not attributable to him or his agent ad litem;
10, which violates the law and deprives the parties of the right to debate;
1 1, no summons, judgment by default;
12, where the original judgment or ruling omitted or exceeded the claim;
13. The legal document on which the original judgment or ruling was based has been revoked or changed.
It should be noted that the defendant's fault or irregular judgment is not the legal cause of retrial.
Relevant legal basis
According to the Civil Procedure Law of People's Republic of China (PRC):
Article 199 If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Article 202 A party may not apply for a retrial of a legally effective judgment or conciliation statement on the dissolution of marriage.
Article 208th the Supreme People's Procuratorate shall lodge a protest against the legally effective judgments and rulings of people's courts at all levels and those of people's procuratorates at higher levels, if it finds that the conciliation statement has the circumstances as stipulated in Article 200 of this Law, or if it finds that the conciliation statement has harmed the public interests of the state and society.
Local people's procuratorates at various levels may put forward procuratorial suggestions to the people's court at the same level and report them to the people's procuratorate at the next higher level for the record if they find that the legally effective judgment or ruling of the people's court at the same level is under any of the circumstances specified in Article 200 of this Law, or if they find that the conciliation statement harms the public interests of the state and society. You can also ask the people's procuratorate at a higher level to lodge a protest with the people's court at the same level.
People's procuratorates at all levels have the right to put forward procuratorial suggestions to the people's courts at the same level for the illegal acts of judges in other trial procedures other than trial supervision procedures.
If you have any other questions, you can consult our lawyer.