1, ordinary procedure of first instance, summary procedure
When a people's court tries a case by summary procedure (a judge tries a case alone), it shall close the case within three months from the date of filing the case.
2. Second instance procedure
Filing a case in the second instance: The people's court of second instance shall file a case within five days after receiving the appeal materials and files transferred by the people's court of first instance. If the people's court of second instance finds that the materials of the appeal case are incomplete, it shall notify the people's court of first instance within two days, and the people's court of first instance shall make up for it within five days after receiving the notice.
Time limit for hearing: According to the procedure of second instance, the time limit for hearing an appeal against a civil judgment is three months. If special circumstances require an extension, it may be extended for three months with the approval of the president of our hospital. The time limit for hearing a case against a civil ruling is 30 days.
3. Procedure of trial supervision
Time limit for appeal: If a party applies for a retrial, it shall do so within two years after the judgment or ruling becomes legally effective.
4. Execution procedures
Time limit for appeal: one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations.
Limitation of execution: the execution case shall be settled within six months from the date of filing, and the non-litigation execution case shall be settled within three months from the date of filing. If there are special circumstances that need to be extended, it may be extended for three months with the approval of the president of our hospital. If it is really necessary to extend it, it shall be reported to the Higher People's Court for the record.
Does the losing party have to bear the lawyer's fees of the other party?
Not all cases require the losing party to bear the lawyer's fee. In some legal cases, the losing party must bear the lawyer's fees of the other party.
Travel expenses, printing expenses, transportation and communication expenses, investigation and evidence collection expenses and other necessary handling expenses required by legal aid personnel to handle legal aid cases. If the claim includes the donee, the court may award it to the losing party who is not the donee according to the specific circumstances. The scope of revocation right is limited to creditor's rights. The necessary expenses for the creditor to exercise its right of cancellation shall be borne by the debtor.
Consequences of losing the case:
First, the legal fees paid by the plaintiff in advance shall be borne by the plaintiff himself, which is different from the legal fees paid by the defendant after winning the case.
Second, the litigation costs are also borne by the plaintiff, such as judicial expertise fees. Winning the case can be decided by the defendant and borne by the plaintiff himself.
Third, before the lawsuit, there was a similar agreement between the plaintiff and the defendant that "the lawyer's agency fee paid to realize the creditor's rights shall be borne by the defendant", and it was also borne by the plaintiff himself because of losing the lawsuit.
Fourth, the most important thing is that the purpose of being willing to sue is to safeguard one's legitimate rights and interests through litigation and legal protection. Because of losing the case, the court did not support it, and the purpose of the lawsuit could not be achieved.
Litigation is to solve the disputes between them through litigation and safeguard their legitimate rights and interests. Among them, prosecution, trial and execution are the three most basic stages of litigation. When a party brings a lawsuit to a court with jurisdiction, the court will review the conditions for filing a case, and only those who meet the prescribed conditions for filing a case will be filed.
How long does it usually take to file a lawsuit for traffic accidents?
Litigation time: the first trial usually lasts for 3-6 months, and traffic accident cases can be closed in 3 months in most cases; After the first-instance judgment is issued, both parties accept the judgment and the first-instance judgment takes effect. If either party refuses to accept the appeal, the second trial will be held for three months, and the second trial is final, and no further appeal is allowed; If the defendant can consciously perform the effective judgment of the first instance or the second instance, the lawsuit is terminated. If the defendant refuses to perform, he needs to apply to the court for enforcement. Although the law stipulates that the execution should be completed within 6 months, generally speaking, traffic cases can be completed in about 1 month.
The limitation period of action shall be counted from the time when you know or should know that your rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action. The limitation of action is interrupted by the institution of a lawsuit, the request of one party or the agreement to perform the obligation. From the time of interruption, the limitation period of action shall be recalculated.
The limitation of action for personal injury compensation in traffic accidents is one year, counting from the day after receiving the accident confirmation. However, if you apply for mediation by the traffic team or the other party has been paying the fees, the time limit for negotiation and settlement can be interrupted, but there must be evidence. If you don't master it well, it is likely to exceed the action limit. And from the execution point of view, it is still necessary to sue as soon as possible after the treatment.
What are the types of court decisions?
1, judgment of first instance
The civil judgment of the first instance procedure, also known as the civil judgment of first instance, is a legally effective written decision made by the people's court to solve the substantive problems of the case after the trial of civil cases and economic disputes accepted by the people's court in accordance with the provisions of relevant laws and regulations.
2. Judgment of second instance
The civil judgment of the second instance procedure, also known as the civil judgment of the second instance, is a civil case or an economic dispute case in which the people's court at or above the intermediate level appeals against the civil judgment of the court of first instance. After hearing the case in accordance with the procedure of second instance prescribed by relevant laws, a written decision shall be made to maintain or change the civil judgment of first instance according to law.
3. Retrial judgment
The civil judgment of trial supervision procedure, also known as retrial civil judgment, is a written decision made by the people's court to reconfirm the rights and obligations between the parties after retrial of the legally effective civil judgment and conciliation statement made by the lower people's court or the higher people's court in accordance with the trial supervision procedure stipulated by relevant laws.
Special procedure civil judgment is a written decision made by the people's court on whether a legal fact exists or how to confirm the actual state of a right in accordance with relevant laws and regulations. The characteristics of cases tried according to special procedures are: there is no content of civil rights disputes; Neither the prosecutor nor the applicant asked for civil liability.
legal ground
Provisions of the Supreme People's Court on Strictly Implementing the Time Limit System of Case Trial
Article 1 The trial period of a criminal prosecution case of first instance, a criminal private prosecution case of first instance, a criminal public prosecution case of second instance and a private prosecution case in which the defendant is detained shall be one month, and shall not exceed one and a half months at the latest; The time limit for hearing incidental civil cases may be extended by two months with the approval of the president of our hospital. Under any of the circumstances stipulated in Article 126 of the Criminal Procedure Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government; The Supreme People's Court accepts criminal appeals and criminal protests. Upon the decision of the Supreme People's Court, the trial period can be extended by another month.
Cases of criminal private prosecution of first instance in which the defendant is not detained shall be tried by ordinary procedures for a period of six 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.
Criminal cases that are tried by summary procedure shall be tried for 20 days.
Article 2 The time limit for hearing civil cases of first instance by ordinary procedures is six months; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital. If an extension is necessary, it may be extended for another three months with the approval of the people's court at the next higher level.
The time limit for applying summary procedure to hear civil cases is three months.
For civil cases that are tried by special procedures, the time limit is thirty days; If there are special circumstances that need to be extended, it can be extended for 30 days with the approval of the president of our hospital, but the trial of voter qualification cases must be concluded before the election day.
The trial period for cases of ship collision and general average of first instance is one year; If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital.
The time limit for hearing appeals against civil judgments is 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 hearing appeals against civil decisions is 30 days.
If an applicant refuses to accept the civil decision of fine or detention and applies for reconsideration, the trial period shall be five days.
The trial of foreign-related civil cases, according to the provisions of Article 248 of the Civil Procedure Law, is not limited by the time limit for the trial of the above-mentioned cases.
The time limit for hearing civil cases involving Hong Kong, Macao and Taiwan shall be handled with reference to the provisions on hearing foreign-related civil cases.
Article 3 The time limit for hearing administrative cases of first instance is three months; If there are special circumstances that need to be extended, it may be extended for three months with the approval of the Higher People's Court. If the Higher People's Court needs to extend the time limit for hearing cases of first instance, it may extend it for three months with the approval of the Supreme People's Court.
The time limit for hearing administrative appeal cases is two months; If there are special circumstances that need to be extended, it may be extended for two months with the approval of the Higher People's Court. If a case of second instance tried by the Higher People's Court needs to be extended, it may be extended for two months with the approval of the Supreme People's Court.
Article 4 The time limit for retrial of criminal cases in accordance with the procedure of trial supervision is three months; If it is necessary to extend the time limit, it can be extended for three months with the approval of the president of our hospital.
In civil and administrative cases that are adjudicated for retrial, the provisions of the trial period of first instance or second instance shall be implemented respectively according to the different procedures applicable to retrial.