The details are as follows:
First of all, in civil cases
The "Civil Procedure Law" and other relevant legal interpretations do not clearly stipulate the number of times to apply for extensions, nor do they provide However, the Civil Procedure Law stipulates the trial period, that is, cases heard by the people's court through ordinary procedures should be concluded within six months from the date of filing the case. 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.
According to the judicial interpretation of the Supreme People's Court, the trial period stipulated in Article 135 of the Civil Procedure Law refers to the period from the date of filing the case to the date of pronouncing the judgment and serving the mediation letter. , but the period of declaration, identification, hearing of jurisdictional objections raised by the parties and jurisdictional disputes between people's courts are not included in the calculation. It can be seen that the number and time of application for postponement of review are limited by the review period and are not unlimited.
Second, in criminal cases
(1) Article 456 of the "Criminal Procedure Rules of the People's Procuratorate" stipulates that after the court announces a postponement of the trial, the People's Procuratorate shall Within the time limit for supplementary investigation, request the People's Court to resume the trial or withdraw the prosecution.
During the trial, the prosecutor suggested that the trial should be postponed no more than twice, and each time should not exceed one month.
(2) According to the Supreme People's Court's "Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China", the trial should be postponed:
Article 157 During the trial, If the public prosecutor believes that the case requires supplementary investigation and proposes to postpone the trial, the collegial panel shall agree. However, it is recommended that the number of extensions should not exceed two.
If the People's Procuratorate fails to request the People's Court to resume the trial within the supplementary investigation period after the court announces the postponement of the trial, the People's Court shall rule to dismiss the case of the People's Procuratorate.
Circumstances of extending the time limit for producing evidence
(1) If the party concerned really has difficulty in submitting evidence materials within the time limit for producing evidence, this shall be a necessary condition for extending the time limit for producing evidence.
The so-called difficulty in submitting evidence materials means that the parties and their lawyers are unable to collect and submit evidence to the court within the time limit specified by the court due to objective insurmountable difficulties. The difficulty may be that the witness has not been found and it takes time to collect relevant evidence and materials, or it may be that the relevant departments are not cooperative and the other party is obstructing.
If the relevant departments fail to cooperate and the other party obstructs the situation, the parties may apply to the People's Court for investigation and evidence collection in accordance with the Civil Procedure Law and the Rules of Evidence, including archival materials preserved by relevant state departments and matters involving state secrets and commercial affairs. Confidential, private material.
In any case, the party concerned shall specify it in detail in the application for extending the time limit for producing evidence, and provide relevant supporting materials when appropriate.
(2) Applying to the People's Court to extend the time limit for producing evidence is a formal requirement for extending the time limit for producing evidence.
The extension of the period of civil litigation is generally limited to the application of the parties, and the extension of the time limit for producing evidence is entirely based on the application of the parties. The court does not decide to extend the time limit based on its ex officio.
In addition, the parties must apply to the court to extend the time limit for producing evidence, otherwise the parties will be deemed to have agreed to the time limit for producing evidence previously prescribed by the court. If the time limit for producing evidence is not extended and evidence is not provided, the party concerned will be deemed to have given up producing evidence, and the legal consequences will be the loss of evidence.
The parties shall submit evidence to the court within the time limit specified by the court. If the party concerned is unable to provide evidence within the time limit, he shall submit a written application to the court before the expiration of the time limit. As long as there are reasons, the court will generally extend the time limit for producing evidence appropriately, and it does not necessarily have to be extended once. This requires us to keep in touch with the judge and actively provide evidence when producing evidence. If it is indeed difficult to provide evidence within the time limit for producing evidence, a written application for extending the time limit for producing evidence shall be submitted in a timely manner.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 204 During the court hearing, one of the following circumstances occurs, which affects the trial If necessary, the trial can be postponed:
(1) If it is necessary to notify new witnesses to appear in court, obtain new physical evidence, re-identify or inspect;
(2) The prosecutor discovers that the prosecution The case requires additional investigation and recommendations;
(3) The trial cannot be conducted due to application for recusal.
Article 208: When a people's court hears a public prosecution case, it shall pronounce a judgment within two months after accepting the case, and no more than three months at the latest. For cases in which the death penalty may be imposed or incidental civil litigation cases, where one of the circumstances stipulated in Article 158 of this Law occurs, an extension of three months may be granted with the approval of the people's court at the next higher level; if an extension is required due to special circumstances, the extension may be extended for three months. It should be submitted to the Supreme People's Court for approval.
If the people's court changes its jurisdiction, the calculation shall be from the date when the changed people's court receives the case.
For cases transferred to the People’s Court after the supplementary investigation by the People’s Procuratorate is completed, the People’s Court shall recalculate the trial period.
Article 146 of the "Civil Procedure Law"
Under any of the following circumstances, the hearing may be postponed:
(1) Must appear in court The parties and other litigation participants have legitimate reasons for not appearing in court;
(2) The parties temporarily apply for withdrawal;
(3) It is necessary to notify new witnesses to appear in court and call new witnesses Evidence, re-identification, inspection or supplementary investigation;
(4) Other circumstances that should be postponed.