The original judgment was upheld in the second instance. How to determine the effective time of the first instance judgment? There is still controversy, and there are no clear legal provisions in judi
The original judgment was upheld in the second instance. How to determine the effective time of the first instance judgment? There is still controversy, and there are no clear legal provisions in judicial interpretations. Our country's laws are very clear on the effect of first-instance judgments. The appeal period is 15 days from the date of delivery of the judgment, and unappealed judgments will take effect after 15 days. The second-instance judgment is final and there is no appeal period. It is unclear when the second-instance judgment will take effect. The Civil Procedure Law only stipulates that “if the judgment is pronounced in court, the judgment shall be served within ten days; if the judgment is pronounced on a regular basis, that is, if the people’s court chooses another date to announce the judgment after the court session, the judgment shall be issued immediately after the judgment is pronounced.” However, in judicial practice, Due to geographical or time reasons, the court may not necessarily arrange a special court session to read out the judgment document, but will instead notify the parties to collect the judgment or serve it to them. In this way, the date on the judgment and the date of delivery will be different, and the parties cannot sign the judgment at the same time. The law does not stipulate that it shall take effect from the date of delivery by both parties, nor does it stipulate that it shall take effect from the date of delivery by the last person.