How long does it usually take to file a lawsuit? Many times we go to court when we need difficulties and legal help. Prosecution is the act of bringing a lawsuit to the court according to law and requesting the court to hear a specific case. So how long does it usually take to file a lawsuit?
How long does it usually take to file a lawsuit? 1
First, how long will it take to go to the civil litigation court to get a result?
1, first instance
Article 149 of the Civil Procedure Law: A civil 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 of the Civil Procedure Law: A civil case tried by a people's court by summary procedure shall be concluded within three months from the date of filing the case.
2. Second instance
Article 167 of the Civil Procedure Law: When the people's court hears an appeal case against the judgment, it shall conclude it within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
Article 207 of the Civil Procedure Law: In a civil case retried by a people's court in accordance with the procedure of trial supervision, a legally effective judgment or ruling shall be made by the court of first instance, and the trial shall be conducted in accordance with the procedure of first instance.
The parties may appeal; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.
3. Special provisions
Article 270 of the Civil Procedure Law: The time limit for the people's courts to hear foreign-related civil cases is not limited by the provisions of Articles 149 and 176 of this Law.
Other relevant knowledge points about the acceptance time of civil litigation.
Article 124 of the Civil Procedure Law stipulates that the people's court shall handle the following prosecutions according to different situations:
1. In accordance with the provisions of the Administrative Procedure Law, if it falls within the scope of accepting cases in administrative litigation, inform the plaintiff to file an administrative lawsuit.
2. In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a suit in a people's court, they shall inform the plaintiff to apply to an arbitration institution for arbitration.
3, according to the law should be handled by other organs of the dispute, inform the plaintiff to apply to the relevant authorities for settlement.
4. Inform the plaintiff to bring a suit in a people's court with jurisdiction for a case that is not under the jurisdiction of our court.
5. In a case where the judgment, ruling or conciliation statement has become legally effective, if the party files a lawsuit again, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit.
6. According to the law, a case that cannot be prosecuted within a certain period of time shall not be accepted if it is prosecuted within the period of non-prosecution.
7. Divorce and mediation are not allowed, and cases of maintaining adoption through judgment or mediation are not accepted. If the plaintiff brings a lawsuit within six months without new circumstances or new reasons, it will not be accepted.
How long does it usually take to file a lawsuit? 2
1. How long does it usually take to file a lawsuit?
1. It usually takes seven days to file a lawsuit.
If the conditions for prosecution are met, the court shall file a case for acceptance; If not, the court will make a ruling not to file a case. However, if the court can judge that it meets the conditions for prosecution on the spot when it receives the complaint, it can also register and file a case on the spot.
2. Article 123 of People's Republic of China (PRC) Civil Procedure Law.
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
2. What materials do prosecutors need to submit when filing a case?
1. Submit the original indictment 1 copy, and provide corresponding copies according to the number of defendants;
2. Materials to prove the subject qualification of the parties;
3. Materials to prove the defendant's subject qualification. If the defendant is a natural person, submit his identity certificate; If the defendant is a company legal person, other organizations with business licenses or individual industrial and commercial households, it shall submit the industrial and commercial registration information of the defendant in the last three months;
If the defendant is another legal person or organization, it shall submit the registration certificate of its competent authority. If the defendant is an administrative organ or a public welfare institution, it is not necessary to submit the certificate of the competent authority;
4. If the prosecution is entrusted, a power of attorney signed or sealed by the plaintiff shall be submitted. If a citizen entrusts an agent, he shall also submit a copy of his identity card; If the public prosecutor is an overseas party, he shall go through the formalities of entrusted notarization in accordance with the provisions of the Ministry of Justice;
A natural person may also sign a power of attorney directly in front of the filing judge, and the filing judge shall sign and witness it; If a lawyer is entrusted to represent the lawsuit, a copy of the lawyer's practice certificate and an official letter from the law firm shall also be submitted.
How long does it usually take to file a lawsuit? three
First, how long will it take to file a case after reporting the case?
The existing laws, regulations and departmental rules do not stipulate that the public security organ should file a criminal case within a few days. After accepting a case, the public security organ shall file a case in time if it believes that there are criminal facts that need to be investigated for criminal responsibility. If the case remains unresolved for a long time, the parties concerned may report the situation to the public security organ at the next higher level.
Article 110 of the Criminal Procedure Law, the people's court, the people's procuratorate or the public security organ shall promptly examine the materials reported, accused, reported and surrendered within their jurisdiction, and if they think that there are criminal facts that need to be investigated for criminal responsibility, they shall file a case;
If it is considered that there are no criminal facts, or the criminal facts are obviously minor, and it is not necessary to pursue criminal responsibility, the case shall not be filed, and the complainant shall be informed of the reasons for not filing the case. If the complainant refuses to accept it, he may apply for reconsideration.
Article 111 If the people's procuratorate thinks that the public security organ does not file a case for investigation, or if the victim thinks that the public security organ does not file a case for investigation, it shall ask the public security organ to explain the reasons for not filing a case.
If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
Article 112 In a case of private prosecution, the victim has the right to bring a lawsuit directly to the people's court. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to bring a lawsuit to the people's court. The people's court shall accept the case according to law.
"Procedures for Handling Criminal Cases by Public Security Organs (Offices)" Article 175 After accepting a case, if a public security organ considers that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, it shall file a case with the approval of the person in charge of the public security organ at or above the county level;
If it is considered that there are no criminal facts, or the criminal facts are obviously minor and need not be investigated for criminal responsibility, or there are other circumstances in which criminal responsibility is not investigated according to law, the case shall not be filed with the approval of the person in charge of the public security organ at or above the county level.
If a complainant decides not to file a case, the public security organ shall make a notice of not filing a case and serve it on the complainant within three days.
Second, do you need to provide evidence after filing a case?
Informants or complainants can file a case as long as there is evidence to prove that there is a criminal fact.
Article 108 of the Criminal Procedure Law Any unit or individual who discovers criminal facts or suspects has the right and obligation to report or accuse them to the public security organs, people's procuratorates or people's courts.
Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts.
Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department.
Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.
Therefore, there is no need to provide evidence after reporting the case, but it is necessary to prove the fact of the crime.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 123
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Article 167
When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court.
After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
Article 119
Prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.