1. How long does it take for a divorce application to be withdrawn before a lawsuit can be filed again?
After the plaintiff in a divorce case withdraws the lawsuit, if there are no new circumstances or new reasons, it will take 6 months for the plaintiff to file for divorce again. If the plaintiff withdraws the lawsuit, the defendant can sue for divorce without a statute of limitations. Except for divorce cases that require new circumstances and new grounds and are subject to a six-month time limit, the withdrawal of other cases can be re-indicted. As long as the prosecution conditions stipulated in the law are met, the court will accept it. Divorce through litigation requires evidence to prove that the relationship between the couple has broken down.
Second, how to appeal criminal cases
(1) Conditions for appeal
1. You must have subject qualifications. That is, you must be a party to the case to file an appeal.
2. Only the judgment or ruling of the court of first instance can be appealed, and the judgment made by the court cannot be appealed. Among them, there are three types of rulings that can be appealed: inadmissibility, dismissal of prosecution, and jurisdictional objection rulings.
3. The appeal must be filed within the time limit specified by law.
(2) Appeal period
After the court of first instance made its judgment, the judgment did not take effect immediately. It will only take effect if neither party appeals and the appeal period expires.
The end of the judgment issued by the People's Court clearly notifies the appeal period. A criminal judgment shall be issued within ten days after the judgment is served; a criminal ruling shall be made within five days after the ruling is served. The time limit starts from the day after the document is served. The parties may receive the judgment or order on different dates, and the appeal period shall be calculated from the day after each party receives the judgment or order. If the last day of expiration of the period falls on a statutory holiday, the first working day after the statutory holiday shall be the expiration date of the period.
(3) Appeal
To file an appeal, a letter of appeal must be submitted. The main content of the appeal letter includes: the basic information of the appellant and the appellee; the appeal request; the reasons for the appeal, etc. If the appellant is a citizen, the signature shall be signed by the appellant himself; if the appellant is a unit or other organization, the official seal shall be affixed.
(4) An appeal from the Court of Appeal must be submitted to the court above the Court of First Instance. An appeal may also be made through the court of first instance.
3. Can the court prosecute on Saturdays and Sundays?
No, every weekend and holiday, the staff of the People's Court, including the filing hall, have normal holidays. During holidays, the court has personnel on duty to handle emergencies, but not normal business. Naturally, if you go to the court to file a lawsuit on the weekend, although it is possible, in fact, because the court is not open, you will not be able to accept the case in the end.
Relevant legal basis for this article.
National statutory holidays and anniversaries Article 2: Holidays for all citizens: (1) New Year’s Day (1 day in October); (2) Spring Festival, 3 days off (1st and 2nd day of the first lunar month) , the third day of the Lunar New Year); (3) Tomb Sweeping Day, one day off (the day of Qingming Festival in the lunar calendar); (4) Labor Day, one day off (May 1); (5) Dragon Boat Festival, one day off (the day of the Lunar Calendar Dragon Boat Festival) ); (6) Mid-Autumn Festival, 1 day off (on the day of the Lunar Mid-Autumn Festival); (7) National Day, 3 days off (65438 October 1, 2, 3).