1. How long does the court usually delay the opening of a hearing?
Criminal cases: deferred hearing shall not exceed 1 month; criminal cases with civil cases: deferred hearing shall not exceed 2 months; civil cases: deferred hearing shall not exceed 9 months.
1. According to Article 132 of the Civil Procedure Law, the trial may be postponed if one of the following circumstances occurs:
(1) The parties who must appear in court and other litigation participants are legitimate There are reasons for not appearing in court;
(2) The parties apply for temporary avoidance;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-identify, inspect or Supplementary investigation;
(4) Other circumstances that should be postponed.
2. According to Article 204 of the "Criminal Procedure Law", during the court hearing, if one of the following circumstances affects the trial, the trial may be postponed:
( 1) It is necessary to notify new witnesses to appear in court, obtain new physical evidence, re-identify or inspect;
(2) Procurators find that the public prosecution case requires supplementary investigation and make suggestions;
(3) The trial cannot be conducted due to application for recusal.
The period for the court to postpone the trial shall be from the date of filing the case to the completion of the trial, and shall not exceed the prescribed time;
For cases heard by the people's court using ordinary procedures, the period shall be extended from the date of filing the case to the completion of the trial. The trial will be concluded within six months. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; if an extension is needed, it should be reported to the superior people's court for approval.
When the People's Court applies simplified procedures to hear cases, it must be concluded within three months from the date of filing the case.
2. In what circumstances can the trial be postponed due to the prosecutor's recommendation?
1. If it is found that the facts are unclear, the evidence is insufficient, or the co-criminal or suspect is missing, supplementary investigation or supplementary evidence needs to be provided;
2. The defendant exposes the criminal behavior of others Or provide important clues that require supplementary investigation and verification;
3. If it is discovered that the omission of a co-criminal or the omission of a criminal suspect needs to be supplemented, supplemented or changed, although supplementary investigation or provision of supplementary evidence is not required ;
4. Apply to the People’s Court to notify witnesses, appraisers or people with specialized knowledge to appear in court to express opinions;
5. It is necessary to obtain new evidence for re-identification or inspection;
6. When the public prosecutor presents or reads out evidence other than the evidence transferred to the People's Court before the trial, or supplements or changes the prosecution, he must give the defendant and defender the necessary time to prepare the defense;
7 .The defendant or defender presents evidence related to conviction and sentencing that the prosecutor does not have, and it needs to be investigated and verified;
8. The prosecutor needs to investigate and verify to prove the legality of the evidence collection.
Therefore, if the court wants to extend the hearing time of a case, it depends on the type of case. If it is a civil case, since the situation involved in the civil case is usually not particularly critical, the maximum extension time can be up to nine months, but if it is a criminal case, it is usually impossible to open the case in more than one month.