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The Civil Procedure Law clearly stipulates that the trial time limit for applying the summary procedure is 3 months, and the case must be concluded within 3 months, and the trial time limit cannot be extended. People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval.
The court of first instance shall render a judgment within the time limit given. At this time, if the parties are dissatisfied with the first-instance judgment and appeal, and the case enters the second-instance trial procedures, the trial shall be conducted in accordance with the trial time limit of the second-instance trial, and the trial shall be completed within three months from the date on which the second-instance trial case is filed. Where there are special circumstances that require an extension, it is to be approved by the president of that court.
People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial. Cases tried by people's courts applying special procedures shall be concluded within 30 days of the date on which the case is filed, or within 30 days after the completion of the public notice period. Where there are special circumstances that require an extension, it is to be approved by the president of that court.
However, this does not apply to cases in which voter qualifications are heard. After a people's court accepts a voter qualification case, it must conclude the trial before the election day. Legal basis:
Article 149 of the Civil Procedure Law of the People's Republic of China: People's courts applying ordinary procedures shall conclude trial within six months of filing the case. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval. Article 161 of the "Civil Procedure Law of the People's Republic of China" People's courts applying the simplified procedures to hear cases shall complete trial within 3 months of the date on which the case is filed.
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In response to your description, I would like to make the following analysis for you from a legal perspective: according to the provisions of the Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limits for Case Trial, the time limit for first-instance civil cases tried by ordinary procedures is 6 months; Where there are special circumstances that require an extension, an extension of 6 months may be granted with the approval of the court president, and where an extension is still necessary, it may be extended for another 3 months upon approval by the people's court at the level above. For civil cases that apply the summary procedures, the time limit is 3 months.
30 days for civil cases tried under special procedures; Where there are special circumstances that require an extension, an extension of 30 days may be granted with the approval of the president of the court, but the trial of voter qualification cases must be completed before the election date. The time limit for hearing first-instance ship collision and general average cases is one year; Where there are special circumstances that require an extension, it may be extended for 6 months with the approval of the court president. Hearing appeals against civil judgments for a period of 3 months; Where there are special circumstances that require an extension, an extension of 3 months may be granted with the approval of the court president.
The time limit for hearing appeals against civil rulings is 30 days. The time limit for hearing foreign-related civil cases and civil cases involving Hong Kong, Macao, and Taiwan is not subject to the time limit for the trial of the above-mentioned cases. The legal fee needs to be judged according to the amount of money involved, etc., and you can go to the court for consultation.
If you are a lawyer**, the lawyer's fee needs to be judged according to the lawyer's practice experience, the complexity of the case, etc., you can directly negotiate with the lawyer on the fee. However, in principle, the general lawyer's fee shall not be less than 3,000 yuan.
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Summary. In general, civil litigation is heard within six months from the date of filing1. In the case of summary proceedings, the case needs to be concluded within three months2.
In the case of second instance, the trial should also be concluded within three months from the date on which the case was filed1. However, in special circumstances, an application may be made for an extension of the processing time3.
In general, civil litigation is heard within six months from the date on which the case is filed1. If the summary procedure is followed, the case will be tried and concluded within three months2. In the case of second instance, the trial should also be concluded within three months from the date on which the case was filed1.
However, in special circumstances, an application may be made for an extension of the processing time3.
Can you elaborate on that a little bit more?
In general, civil litigation is heard within six months from the date on which the case is filed1. If the summary procedure is followed, the case will be tried and concluded within three months2. In the case of second instance, the trial should also be concluded within three months from the date on which the case was filed1.
However, in special circumstances, an application may be made for an extension of the processing time3.
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