When will the legal fees be paid and when will the legal fees be paid

Usually wait for the result of the second instance to come out, but the litigation fee of the first instance, if it is the defendant, needs to be paid at the time of appeal.

Analysis of legal leakage: Generally, the prosecution pays in advance when filing a lawsuit, and if the litigation fee is not paid, the court may not accept it or automatically withdraw the lawsuit, so the payment of litigation fees is very important and is an important evidence for filing a case. After the judgment, it shall be borne by the losing party, and if the winning party has paid, the court may directly return the legal fee paid with the receipt of the litigation fee.

But sometimes the court will make both parties bear a certain percentage of the costs of the court in the judgment.

Legal basis: Article 29 of the Measures for Payment of Litigation Costs The litigation costs shall be borne by the losing party, except where the winning party voluntarily bears them.

Where the case is partially won and the case is partially lost, the people's court is to decide the amount of litigation costs to be borne by each party on the basis of the specific circumstances of the case.

Where the parties to the joint litigation lose the lawsuit, the people's court shall decide on the amount of litigation costs to be borne by each party on the basis of their interest in the subject matter of the litigation.

If the plaintiff fails to pay the legal fees within the prescribed time, it is equivalent to automatically withdrawing the lawsuit, but the litigation fees in civil cases shall be determined according to the details of the case, such as the litigation fees in divorce cases, which generally range from 50,300 yuan. The case acceptance fee for an appeal case is to be paid in advance when the appellant submits the appeal petition to the people's court. If both parties file an appeal, they shall be submitted separately.

Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days. The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court. Where a party fails to pay litigation fees within the time limit and fails to submit an application for judicial assistance, or where the application for judicial aid is not approved and the litigation fees are not paid within the time limit designated by the people's court, the people's court is to handle it in accordance with relevant provisions.

Article 32: In retrial cases where case acceptance fees shall be paid in accordance with the provisions of article 9 (1) and (2) of these Measures, the litigation costs are to be borne by the party applying for retrial; Where both parties apply for retrial, the litigation costs are to be borne in accordance with the provisions of article 29 of these Measures. The burden of litigation costs in the original trial is to be re-determined by the people's court on the basis of the principle of burden of litigation costs. To sum up, when filing a civil lawsuit, the plaintiff does not need to pay the litigation fee at the same time as submitting the complaint, because the people's court will not necessarily file the case, and only if the conditions for filing the case are met, the court will issue a notice of filing to the plaintiff.

Legal basisArticle 22 of the Measures for the Payment of Litigation Fees: The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice from the people's court to pay the litigation fees; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed.

1. When will the litigation fee be paid?

1. The time for payment of litigation fees is as follows:

1) The case acceptance fee for an appeal case shall be paid to the court within 7 days when the appellant submits the appeal petition to the people's court;

2) For counterclaims, the case acceptance fee shall be paid within 7 days from the day after the party files a counterclaim;

3) If the parties have real difficulties in paying the case acceptance fee, they may apply to the people's court for a postponement of payment within the prepayment period.

2. Legal basis: Article 2 of the Measures for Payment of Litigation Fees.

Parties conducting civil litigation or administrative litigation shall pay litigation fees in accordance with these Measures.

Except where these Measures provide that payment may be made and not paid, or Yamanaka is exempted from paying litigation fees.

2. What is the standard for the payment of litigation fees?

1. If it does not exceed 10,000 yuan, 50 yuan shall be paid for each piece;

2. The part exceeding 10,000 yuan to 100,000 yuan shall be paid according to the payment;

3. The part exceeding 100,000 yuan to 200,000 yuan shall be paid according to 2%;

4. The part exceeding 200,000 yuan to 500,000 yuan shall be paid according to the payment;

5. The part exceeding 500,000 yuan to 1 million yuan shall be paid according to 1%;

6. The part exceeding 1 million yuan to 2 million yuan shall be paid according to the payment;

7. The part exceeding 2 million yuan to 5 million yuan shall be paid according to the payment;

8. The part exceeding 5 million yuan to 10 million yuan shall be paid according to the payment;

9. The part exceeding 10 million yuan to 20 million yuan shall be paid according to the payment;

10. The part exceeding 20 million yuan shall be paid according to the payment.