A case retried in the procedure of second instance shall be concluded within three months. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the president of our hospital. The time limit for concluding a retrial case shall be counted from the date when the court decides to retry and suspend the execution of the original judgment. Time limit for retrial of administrative cases: if a retrial case is tried according to the procedure of first instance, a judgment of first instance shall be made within three months from the date of filing the case.
There are special circumstances need to be extended, approved by the Supreme People's Court, can be extended for three months. A retrial case tried in accordance with the procedure of second instance shall make a final judgment within two months from the date of filing the case. There are special circumstances need to be extended, approved by the Supreme People's Court, can be extended for two months.
Legal basis:
Article 176th of the Civil Procedure Law of People's Republic of China (PRC)
The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case in the second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital. When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
Strictly observing the trial time limit is of great significance to improve judicial efficiency, reduce the litigation burden of the parties and prevent the case from being delayed for a long time. The relevant deadlines are arranged as follows:
1, the trial period of first instance is generally 6 months.
According to the relevant provisions of China's civil procedure law, the time limit for people's courts to apply ordinary procedures to hear civil cases of first instance is 6 months; 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 court for approval; The time limit for hearing cases by summary procedure is 3 months, which cannot be extended. If it cannot be concluded within 3 months, it will be transferred to the ordinary procedure to continue the trial.
2, the second trial period is generally 3 months.
The people's court applies ordinary procedures to the trial of civil cases of second instance, and the time limit for the trial of appeal cases against judgment is 3 months. If there are special circumstances that need to be extended, it must be approved by the president of our hospital; The time limit for ruling an appeal case is 30 days, which cannot be extended.
The trial limit of retrial cases should be determined according to the applicable procedures, the trial limit of ordinary procedure of first instance should be applied to cases retried according to the procedure of first instance, and the trial limit of second instance should be applied to cases retried according to the procedure of second instance.
3, 3 cases are not included in the trial limit.
According to the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of Civil Procedure Law", the delay period of the following matters is not included in the trial limit:
(1) Announcement period, that is, the time from the date when the court officially announces the announcement in the newspaper to the expiration of the announcement.
(2) Appraisal period, that is, the time from the time when the parties submit a written appraisal application to the time when the appraisal institution issues a formal appraisal conclusion.
(3) The period of handling jurisdictional issues, that is, the period from the date when the parties raise written jurisdictional objections to the date when the court of second instance makes a final ruling on jurisdictional issues, and the period of handling jurisdictional disputes between people's courts.
China has strict requirements on the trial period of cases, which are generally divided into three situations: the trial period of first instance is generally 6 months, the trial period of second instance is generally 3 months, and the rest are special circumstances. If there are special circumstances that need to be extended, it must be approved by the Higher People's Court, otherwise it will not be allowed. Defining the time limit of all cases is also a regulation to improve the work efficiency of government workers.
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