2. The party concerned temporarily applies for withdrawal.
3. The parties who must appear in court and other litigation participants do not appear in court for legitimate reasons.
4. Other circumstances in which the court session should be postponed.
What are the reasons for applying to postpone the trial?
(1) The parties who must appear in court and other litigation participants do not appear in court without justifiable reasons;
( 2) The party concerned temporarily applies for recusal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-identify, inspect or require supplementary investigation;
(4) Other circumstances in which the trial should be postponed.
If the party concerned suffers from a serious illness, he may apply for a postponement of the trial on the grounds of item (1). If the personal reasons of the parties concerned are reasonable and legitimate, they can be included in point (4) as the reason for adjourning the trial. You only need to write an application for adjournment of the trial and submit it to the judge of the First Civil Division of the court responsible for hearing the case to decide whether to adjourn the trial. If the law stipulates that there are special circumstances that require an extension of the time limit, the single judge or the collegiate panel shall submit an application to the President of the Court 15 days before the expiration of the time limit, stating the details and reasons. The President shall make a decision five days before the expiration of the time limit.
If the case cannot be concluded despite the extension of the time limit approved by the president of this court, and the time limit needs to be extended again, it must be submitted to the superior people's court for approval fifteen days before the expiration of the time limit. The people's court at the higher level shall make a ruling five days before the expiration of the time limit.
Can I apply to postpone the hearing?
You can apply to postpone the hearing, but not more than twice. If the trial can be postponed, if the criminal facts are found to be unclear or the evidence is insufficient, the judicial authority has the right to postpone the trial. If there are other criminal facts, the court must investigate and collect evidence before the court can make a judgment.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: According to the relevant provisions of the "Civil Procedure Law of the People's Republic of China":
Article 146 If there is any of the following circumstances, the case may be postponed Hearing:
1. The parties who must appear in court and other litigation participants cannot appear in court for legitimate reasons;
2. The parties temporarily apply for withdrawal;
3. It is necessary to notify new witnesses to appear in court, obtain new evidence, re-identify and inspect, or require supplementary investigation;
4. Other cases that should be postponed.