1. What's the matter with filing a lawsuit without notice?
The failure to notify the court hearing after filing a case may be because the investigation found that it did not meet the filing standards, did not meet the conditions or provided irregular materials. After filing the case, the defendant shall be served with a summons within 7 days. In real life, how long it takes for the court to receive a summons after filing a case is generally controlled by the court, usually within 10 days to one month.
First of all, how long will the court inform the defendant to see what case it is?
1. Civil case: A copy of the indictment shall be delivered to the defendant within five days from the date of filing the case.
2. Administrative cases: A copy of the indictment shall be sent to the defendant within five days from the date of filing the case.
3. Criminal cases: A copy of the indictment should be delivered to the defendant at least ten days before the court session.
Second, the law stipulates that
1, according to Article 125 of the Civil Procedure Law.
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
If the defendant fails to submit the defense, it will not affect the trial of the people's court.
2. According to Article 67 of the Administrative Procedure Law
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case. The defendant shall, within 15 days from the date of receiving the copy of the indictment, submit the evidence of the administrative act and the normative documents on which it is based to the people's court, and submit a reply. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.
3. According to Article 182 of the Criminal Procedure Law,
After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate on the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
3. What if there is no news after filing a case?
After the case was filed, there was no news after the prescribed time limit. The civil procedure law divides the trial period into two situations, one is the ordinary procedure, which is relatively complicated according to the case. The other is a summary procedure, the case is relatively simple, the facts are clear, and there is little controversy.
1, provisions on general procedures
Article 112 of the Civil Procedure Law: If a people's court receives a complaint or an oral prosecution and finds that it meets the conditions for prosecution after examination, it shall file a case within seven days and notify the parties; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.
Article 113 of the Civil Procedure Law, the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. If the defendant submits a defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
Article 114 of the Civil Procedure Law, the people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally.
Article 115 of the Civil Procedure Law After the members of the collegial panel are determined, the parties concerned shall be informed within three days.
Civil Procedure Law Article 122 When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the hearing. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.
Article 135 of the Civil Procedure Law 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. Provisions on summary procedure
Article 143 of the Civil Procedure Law: In a simple civil case, the plaintiff may sue orally.
Both parties may at the same time request the grassroots people's court or the court dispatched by it to resolve the dispute. The basic people's court or the court dispatched by it may hold a hearing immediately or hold another hearing.
Article 146 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.
No matter what kind of case, as long as the public security organ has filed a case, the judicial organ will notify the civil subject within one week after filing the case. If there is no news after filing a case, it may be because the evidence submitted by the informant is insufficient or does not conform to the norms, and it is impossible to judge whether the reported civil subject has violated the law.