How long does a trial take in a U.S. civil lawsuit

According to the Patent Law, the statute of limitations for patent infringement is two years, which is calculated from the date on which the patentee or interested party learns or should have known of the infringement. 1. Prosecution of patent infringement over two years is often continuous, sometimes even intermittent.

If the right to sue for more than two years, the court shall order the defendant to cease the infringement and pay the amount of damages for infringement calculated within two years before the date of filing the lawsuit, and such judgment shall meet two prerequisites: the infringement continues at the time of the lawsuit; The patent right is still valid at the time of the lawsuit. 2. The special feature of invention patents before authorization is that they are temporarily protected before authorization.

Since invention patents are subject to "early publication and substantive examination", an application for an invention patent will be published 18 months from the filing date, and other units or individuals can fully implement the disclosed invention technology, and this behavior will not be regarded as infringement before grant. According to the provisions of the Patent Law, the above-mentioned units or individuals shall pay an appropriate fee, which is a temporary measure of protection for the invention application. The Patent Law stipulates that if the patentee knows or should know before the date of grant, the statute of limitations shall be calculated from the date of grant of the patent.

There are two points of limitation for this type of action: the date on which the patent is granted; 2. The date on which the patentee learns or should have known of the act shall be the actual starting point. Legal basis:

Article 68 of the Patent Law of the People's Republic of China stipulates that the statute of limitations for infringement of patent rights shall be two years, calculated from the date on which the patentee or interested party becomes aware of or should have known of the infringement. If the patent owner fails to pay appropriate royalties for the use of the invention after the publication of the application for a patent for invention but before the grant of the patent right, the statute of limitations for the patentee to demand payment of the royalties shall be two years, which shall be calculated from the date on which the patentee learns or should have known that others are using the invention, but if the patentee has known or should have known about it before the date of grant of the patent right, it shall be calculated from the date of grant of the patent right.

Normal civil litigation is 6 months in the first instance and 3 months in the second instance.

However, in the case of infringement of utility model and design patent lawsuits, the defendant will often file an application for patent invalidation, and the infringement lawsuit will be suspended at the same time, so that it may take two years.

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.

The time from filing a lawsuit to a judgment should be determined comprehensively according to the size of the court's workload, the complexity and difficulty of the case, and the service procedures of the parties. If the civil case you apply for is tried in a summary procedure, it is three months, if it is an ordinary procedure, it is six months, and if the case is more complicated, the court will extend the trial period, but it will also send a written notice to inform you.

You only need to look at the procedure of the case when the case is filed, or ask the judge in charge of the case after the trial, and you will know how long it will take. Because sometimes it takes less than three months, or half a year, because sometimes the undertaker closes the case very quickly.

Article 135 of the General Principles of the Civil Law stipulates that the ordinary statute of limitations is two years. Article 136 of the General Principles of the Civil Law stipulates that the period of limitation for special actions for the following civil legal relationships shall be one year. 1.

Claims for compensation for bodily injury. 2.**Unqualified quality goods are not declared.

3.Late payment or refusal to pay rent. 4.

The deposited property is lost or damaged. In addition, Article 129 of China's Contract Law stipulates that in the event of a dispute arising from an international sale of goods contract and a technology import and export contract, the statute of limitations for claiming protection of rights is four years. Article 137 of the General Principles of the Civil Law stipulates that the limitation period shall run from the time when the right is known or ought to have been infringed.

Where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts are not to protect them.

Hello, if the defendant is absent from the court's trial, there is a notice period, the general announcement is two months, and two months from the date of the judgment is deemed to have been served, plus the performance period in the judgment, after which you can apply for enforcement. The above comments are for your reference.

Article 135 of the General Principles of the Civil Law: The statute of limitations for requesting protection of civil rights from the people's courts is two years, except as otherwise provided by law.

Article 136 of the General Principles of the Civil Law provides that the following statute of limitations period is one year:

1) Claims for compensation for bodily injury;

2) ** Unqualified goods are not declared.

3) Delay or refusal to pay rent;

4) Deposited property is lost or damaged.

Hello! If it is a criminal case, it is generally about four months to half a year. The plaintiff will draft a motion filling to file a motion in the district court; The court will hold a preliminary hearing, initiate and organize a jury, and finally begin the preliminary trial.

In the case of a civil case, it is often less than a month. It is very likely that the plaintiff and the defendant will have reached an out-of-court settlement by the time the court accepts the lawsuit. Even if both the plaintiff and the defendant and the court insist on the litigation process, the final result is often a summary judgment that lasts no more than a month.

However, there are 50 states in the United States, and each state has a different judicial system, and the same case may take a year to prosecute in California, but only a month in New York (just for example).

Hope it helps.

You need to consult a U.S. lawyer to find out.