In view of the problems existing in judicial practice, the Supreme People's Court has also stipulated the following circumstances to suspend proceedings: 1. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the court shall require the creditor to provide evidence to prove the existence of the loan relationship, and announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit at the expiration of the announcement period and cannot find out the loan relationship, it shall be ordered to suspend the lawsuit; In the course of the trial, if the debtor escapes and his whereabouts are unknown, and it is difficult to find out the facts, an order shall be made to terminate the lawsuit. 2. After accepting the case of patent infringement of utility model or design, the people's court shall, when serving the defendant with a copy of the complaint, inform the defendant that if he requests to declare the patent right invalid, he shall submit it to the Patent Reexamination Board within the defense period. If the defendant requests to declare the patent invalid during the defense period, the people's court shall suspend the lawsuit. Where the patentee applies for property preservation and provides a guarantee, the people's court shall, when it deems it necessary, order the defendant to stop the infringing act or take other measures to stop the expansion of the infringing damage. If the defendant did not request the invalidation of the patent right during the defense period, but made a request for invalidation in the subsequent trial, the people's court may not suspend the lawsuit. The people's court may not suspend the proceedings if the defendant requests to declare the patent invalid during the defense period of the case of invention patent infringement accepted by the people's court and the case of utility model patent infringement examined by the Patent Reexamination Board. In case of the above circumstances, the court shall decide to suspend the proceedings. After the ruling to suspend the lawsuit is made, the parties concerned apply or the court resumes the lawsuit ex officio. After the lawsuit is resumed, there is no need to revoke the original ruling, and the ruling to suspend the lawsuit becomes invalid when the court notifies or allows both parties to continue the lawsuit; All litigation acts conducted before the suspension of litigation shall remain valid after the resumption of litigation procedures, and shall remain valid if no force majeure occurred during the suspension of litigation and the last six months of the limitation period.
Legal basis:
Article 149 of the Civil Procedure Law of People's Republic of China (PRC) * * * A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. 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 needed, it shall be reported to the people's court at a higher level for approval.
Derivative problem:
Is it necessary to decide to resume the trial after the trial is suspended? The resumption of the suspended trial requires a ruling. After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed. During the suspension of litigation, the people's court and the parties concerned shall not conduct any litigation in this case. After the reasons for the suspension of litigation are eliminated, the parties concerned request or the people's court takes the initiative to resume the litigation.