See: Article 167 of the Civil Procedure Law When the people's court of first instance receives an 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.
How long does it take for the announcement of the first-instance judgment to be delivered? How long is the appeal period? It takes 60 days for the announcement to be delivered.
Legal basis: Article 92 of the Civil Procedure Law states that if the whereabouts of the addressee are unknown or cannot be served by other means specified in this section, the service shall be announced. Sixty days after the announcement, it shall be deemed to have been delivered.
After the first-instance judgment of a traffic accident, how long does it usually take for the other party to appeal to the second instance?
Time limit of second instance
Article 232 of the Criminal Procedure Law The people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
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Can I appeal if I refuse to accept the judgment of first instance for more than 15 days? You can't appeal in civil proceedings after 15 days. But you can appeal.
The appeal period of the judgment is 15 days. /kloc-if there is no appeal within 0/5 days, the judgment will take effect after the expiration.
After the judgment comes into effect, if you refuse to accept the judgment, you can apply to a higher court for retrial (appeal).
Provisions of the Civil Procedure Law on Appeal:
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 with a large number of people or both 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.
How long will it take to open the court after receiving the appeal? In civil proceedings:
The people's court shall decide whether to file a case within 7 days after receiving the complaint or oral prosecution; And shall send a copy of the indictment to the defendant within 5 days from the date of filing the case.
(1). Cases that are tried by ordinary procedures shall be concluded within 6 months from the date of filing. If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the president of our hospital. If it needs to be extended, it shall be reported to the Higher People's Court for approval; (Article 135 of the Civil Procedure Law)
(two) cases that are tried by summary procedure shall be concluded within 3 months from the date of filing. (Article 146 of the Civil Procedure Law)
As there is no mandatory court session time, with reference to the above provisions, the court will hold a court session as soon as possible in order to close the case within the statutory time limit.
How long will it take to be sentenced after no one appeals after the first-instance judgment? Article 230 of China's Criminal Procedure Law stipulates that the time limit for appeal and protest against judgment is ten days, and that for appeal and protest against ruling is five days, counting from the second day after receiving the judgment or ruling. The relevant provisions on the trial period of second instance are as follows: Article 233 of the Criminal Procedure Law stipulates that the people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together. Article 235 stipulates that the people's procuratorate at the same level shall send personnel to appear in court in cases protested by the people's procuratorate and public prosecution cases tried by the people's court of second instance. After the people's court of second instance decides to hold a hearing, it shall promptly notify the people's procuratorate to consult the file. The people's procuratorate shall complete the inspection within one month. The time for the people's procuratorate to consult the case file is not included in the trial period. Article 243rd stipulates that the people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances specified in Article 158 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court. Legal basis: Article 243rd of the Criminal Procedure Law of People's Republic of China (PRC). When accepting an appeal or protest, the people's court of second instance shall conclude the case within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances specified in Article 158 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
How to write an appeal against the judgment of the first instance? The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal. Can't write, you can entrust a lawyer to represent you.
People's Republic of China (PRC) Civil Procedure Law
Article 165
The appeal shall be filed with the appeal. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.
How long does it take for the defendant to appeal to the intermediate people's court after the judgment of first instance? According to Article 196 of the Criminal Procedure Law, "the people's court of second instance shall conclude the case of appeal or protest within one month, but not more than one and a half months at the latest. Under any of the circumstances stipulated in Article 126 of this Law, it may be extended for another month with the approval or decision of the higher people's courts of provinces, autonomous regions and municipalities directly under the Central Government, but the case of appeal or protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court. "
The court of first instance received the appellant's appeal, and it took 45 days to be informed of the receipt of the appeal. Court of first instance, right? It is wrong for one party to appeal, and the court will notify the other party for 45 days before receiving the appeal.
Article 167 of the Civil Procedure Law When the people's court of first instance receives an 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.
Should the second-instance appeal revoke the first-instance judgment? The judgment of first instance will not be revoked.
After the judgment of the court of first instance, the judgment will be served on both parties. This is a legal procedure. After being served on the parties, the court cannot take it back.
If a party appeals against the judgment of first instance, it is not necessary to return the original judgment of first instance to the court of second instance. The original judgment of first instance does not take effect during the second instance, and its final legal effect depends on the judgment of the court of second instance:
1. If the court of second instance rejects the appeal and upholds the original judgment, the judgment of first instance will take effect.
2. If the court of second instance cancels the original judgment, changes the judgment according to law, or sends it back to the court of first instance for retrial, the original judgment of first instance will lose its legal effect.
3. If the court of second instance partially upholds or partially commutes the judgment of first instance, the judgment upheld by the court of second instance becomes effective, and the revoked part is invalid, subject to the contents of the judgment of second instance.