1. How long will the court be adjourned?
When the court adjourns, it usually reconvenes within one month. According to Article 2 of the Provisions of the Supreme People's Court on Strictly Standardizing the Extension of Trial Time and Postponement of Court Session in Civil and Commercial Cases, if a people's court deems it necessary to hold another court session after hearing a civil and commercial case, it shall inform the parties of the time of the next court session according to law. The interval between two court sessions shall not exceed one month, except for force majeure or the consent of the parties.
According to the law, after accepting a case of public prosecution, the People's Court of 208th Article of the Criminal Procedure Law shall pronounce a judgment within two months, but not more than three months at the latest. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
However, the law has corresponding provisions on the whole time limit of public prosecution cases. However, the Criminal Procedure Law stipulates that when the people's court hears a case of public prosecution, it shall pronounce a judgment within two months after accepting it, and no later than three months.
For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
In addition, the people's court shall conclude a case that is tried by summary procedure within 20 days after accepting it; If the possible fixed-term imprisonment exceeds three years, it can be extended to one and a half months.
Second, the trial procedure:
The people's courts must strictly follow legal procedures when trying civil cases through ordinary procedures. According to the provisions of the Civil Procedure Law, the trial is divided into the following stages:
(1) trial preparation
Trial preparation is the preparatory work made by the people's court to ensure the smooth trial of the case before the formal substantive trial. According to the provisions of the Civil Procedure Law, the contents of pre-trial preparation include:
1. Summon the parties and notify other participants to attend the proceedings in court. The people's court shall serve the summons on the parties and the notice of appearance on other litigants three days before the court session. The summons and notice shall specify the cause of action, the time and place of the hearing, so as to ensure that the parties and other litigants are fully prepared.
2. For a case tried in public, the people's court shall announce the names of the parties, the cause of action, the time and place of the hearing 3 days before the hearing. The announcement can be posted on the bulletin board of the court, or at the place where the case is filed or other places related to the circuit trial. Its purpose is to strengthen the understanding and supervision of the news media and the public on the trial activities of the people's courts and ensure the fairness and efficiency of the trial.
3, find out whether the parties and other participants in the proceedings to appear in court, announced the court discipline. Before the formal hearing, the clerk shall find out whether the plaintiff, defendant, third party, agent ad litem, witness, expert witness and translator are present at the court. Appear in court and report to the presiding judge. At the same time, the court discipline was announced, and all participants and observers in the proceedings were informed that they must abide by the discipline.
4. During the trial, the presiding judge shall check the parties in the order of plaintiff, defendant and third party, including name, sex, age, nationality, place of origin, work unit, occupation and residence. If the party concerned is a legal person or other organization, check the names and positions of its legal representative and chief administrative officer.
For agents ad litem, their qualifications and authority should be made clear. After verification, the presiding judge announced the cause of action, announced the list of judges and clerks, informed the parties of their litigation rights and obligations, and asked whether the parties applied for withdrawal.
(2) court investigation
The main task of court investigation is that the judge comprehensively investigates the facts of the case in court, examines and verifies all kinds of evidence, and lays the foundation for correctly identifying the facts of the case and applying the law. According to the provisions of the Civil Procedure Law and the Supreme Court on evidence in civil proceedings, court investigation mainly includes two contents: one is the statement of the parties; The second is to produce evidence and cross-examination.
To sum up, in a real court, the judge always announces an adjournment in the middle, which is a fact. Regardless of the complexity of the case or other reasons, the judge will inform the parties of the time of the next court session. The law requires that the second court session should not last more than one month. The parties can wait for the notice after the end of this court session and attend the next court session on time.
Legal basis: 208th Article of the Criminal Procedure Law of People's Republic of China (PRC).
When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.