Traffic civil compensation cases are rich in court, but is the judgment pronounced in court in traff

The time limit for civil cases applying ordinary procedures is generally 6 months + 6 months + x months. That is to say: the trial is generally completed within 6 months from the date of filing the case; Where there are special circumstances that require an extension, it may be extended for 6 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.

However, the period of public announcement, the period of appraisal, the period of settlement between the parties, the period of hearing jurisdictional objections raised by the parties, and the period of handling jurisdictional disputes between people's courts shall not be counted.

Therefore, from the facts of the case you described, the number of times an extension should have been applied for by now has been exhausted, and the time limit is about to expire. If the court refuses to make a judgment, it will seriously exceed the trial time limit, which will have an impact on the judge's personal case completion rate, so the judge adopts the means of reconciliation, because the settlement period is not counted in the trial time limit, and it can be delayed for a period of time.

It should be said that your case should be judged soon, and no matter which side the court decides against the case, it will issue a judgment of first instance, otherwise it will not be able to appeal. However, at present, there are no clear restrictions on judges in the Civil Procedure Law for trial beyond the time limit, and most of the restrictions are restrictions on judges' professional ethics and code of conduct, and do not have substantive constraints on judges.

In reality, these may involve the judge's partiality or refusal to make a ruling, and most of the parties choose to petition the discipline inspection and supervision department or the petition reception department of the court or the higher court. In addition, since you have a lawyer, it is better to ask the lawyer to communicate with the judge more and make a judgment as soon as possible.

In civil litigation, judicial remedies can be obtained by invoking normative documents such as the General Principles of the Civil Law, the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law, the Tort Liability Law, the Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Cases, and the Interpretation of the Supreme Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents. The provisions of the new Criminal Procedure Law only take "material losses" into consideration in judgments and rulings, and do not stipulate how to distinguish between direct and indirect losses, and also limit the scope of legal remedies that parties can separately file civil lawsuits to obtain legal remedies. Whether "material loss" includes disability compensation and death compensation is not clearly specified, and the long-standing controversy in practice has not been resolved.

1) Where a person is disabled, it is disability compensation;

2) where death is caused, death compensation;

3) Spiritual solatium in other cases of harm. ”

There are very few cases in China where the verdict is pronounced in court, and the judge needs to carefully study the materials, check the evidence, data, etc., unless it is a particularly simple and clear case.

Friend, as far as I know, in the vast majority of cases, the verdict is not pronounced in court.

At least none of the cases I've experienced have been sentenced in court.

People's courts hearing civil litigation applying the simplified procedures to hear the case shall complete trial within 3 months of filing the case. People's courts applying the ordinary procedures shall conclude trial within 6 months of the date on which the case is filed. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced.

It is uncertain how long it will take to get the compensation, and it depends on whether the person subject to enforcement has property in his name, whether he needs to transfer deposits, whether he needs to auction or sell his property, etc. If the person subject to enforcement does not have any property in his name, it will take a long time.

Article 161 of the Civil Procedure Law: People's courts applying the summary procedures to hear cases shall complete trial within three months of filing the case.

Article 149:People's courts applying the ordinary procedures shall conclude trial within 6 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 236:Parties must perform on legally effective civil judgments or rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

After the traffic accident lawsuit**, generally: the case is closed in 3 months in the first instance, the case is closed in 3 months in the second instance, and the compensation can be obtained about 1 month after the conclusion of the case.

Reasons: 1. The first instance generally takes 3-6 months, and the first instance of a traffic accident case can be concluded in 3 months in most cases;

2. After the first-instance judgment is issued, both parties accept the judgment, and the first-instance judgment takes effect;

3. If either party is dissatisfied and appeals, the second instance shall be conducted, and the second instance shall take 3 months, and the second instance shall be the final judgment, and no further appeal shall be allowed;

4. If the defendant can consciously perform the effective first-instance or second-instance judgment, and the lawsuit is over, if the defendant refuses to perform, it needs to apply to the court for compulsory enforcement, although the law stipulates that the enforcement shall be completed within 6 months, but, generally speaking, the traffic case can be executed in about 1 month.

Is it civil? The three-month trial time limit for the summary procedure of the first instance of civil trial, and the six-month trial time limit for the ordinary procedure, if it is simple, generally one judge will give you **, and if there are three judges later, it will generally be converted into an ordinary procedure. In the case of the second instance, the trial time limit is six months.

There are special circumstances in which the trial time limit can be extended for both the ordinary procedure and the second-instance procedure, but traffic accidents are generally relatively simple cases and most of them will not be extended. Also, if you do an appraisal, the appraisal period will not be counted in the trial limit. The main text of the judgment will write "within how many days from the effective date of this judgment", you can count it from the day the judgment takes effect, and you can apply for compulsory enforcement if it is not given when it expires.

Note that the judgment takes effect, and the first-instance judgment will only take effect if no one appeals within 15 days from the day after the parties receive the judgment.

The people's courts' trial of traffic accident cases is generally divided into ordinary procedures and summary procedures, with cases tried under ordinary procedures being concluded within 6 months from the date on which the case is filed, and cases tried under the summary procedures being tried within 3 months from the date on which the case is filed. In general, the court will apply the summary procedure to hear traffic accidents, so the court's handling of traffic accidents will generally be completed within 3 months from the date of filing the case.

The time limit for appealing a judgment is 3 months, which may be extended by 3 months with the approval of the president.

How long does it take to decide after this lawsuit? The judge should also see whether he has the time and energy to write the judgment, and if so, he may be able to immediately appoint a decision on when he will receive the compensation, and it depends on who the compensation party is. If it's that insurance company, they may still have to appeal, so well, what will it be, if it's an individual, it's not necessarily good, yes.

In general, the time limit for criminal cases is three months, which means that it is okay within this time limit. In similar cases I have handled, the verdict will be pronounced in the second half of the month. However, this also depends on the specific circumstances of the judge.

Hello: The time limit for criminal cases is generally three months. As for how long it will take to get compensation after the judgment is handed down, it is impossible to determine, and you don't know whether the other party will appeal, or if the other party will neither appeal nor compensate, then you can only apply to the court for enforcement.

I spent sixteen months in the hospital for a traffic accident in 2015! Hire a lawyer last September! All the materials were given in September on June 6 this year**, please ask how long it will take to come down.

**After that, the judgment will generally be made in about half a month. The judgment was received by both parties fifteen days after it was not appealed, and the insurance company would have sent the money over quickly.

Traffic accidents are civil disputes, and the procedure complies with the provisions of the Civil Procedure Law.

Article 137 of the Civil Procedure Law**Before trial, the clerk shall ascertain whether the parties and other litigation participants have appeared in court and announce court discipline.

**At trial, the presiding judge is to check the parties, announce the cause of action, announce the list of adjudicators and clerks, inform the parties of their procedural rights and obligations, and ask the parties whether they have submitted an application for recusal.

Article 138:Court investigations are to be conducted in the following order:

1) Statements of the parties;

2) Inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court;

3) Presentation of documentary evidence, physical evidence, audio-visual materials, and electronic data;

4) Read out the appraisal opinions;

5) Read out the inquest record.

Article 141:Courtroom debates are to be conducted in the following order:

1) The plaintiff and his litigant speak out;

2) The defendant and his litigant's defense;

3) The third party and their litigants make a speech or defense;

4) Debate with each other.

At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

Article 142:At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.

Hello friends!

In the case of general traffic accidents, the first time will be based on the negotiation and mediation of both parties, and only if the two mediations are unsuccessful, will they enter the formal judicial proceedings.

The normal procedure is: the plaintiff submits a cause of action, a claim for compensation, the defendant submits a reason for reply, or the public prosecutor puts forward a public opinion, and then, the court judge conducts an investigation, asks questions, and finally, determines the evidence materials to be admitted, and then, according to the materials, determines the content of the judgment document in accordance with the provisions of the law, and asks both parties to sign and approve it, and end the court work. After a few working days, a formal legal document will be sent to the parties.

**Former; Notify the parties and other litigation participants more than three days in advance, and the basic information of the case must also be announced in cases that are legally prescribed to be tried publicly.

** (1) The clerk shall identify the persons present and read out the court discipline. (2) court investigations; The court investigation is conducted in order. Statements by the parties in turn; Witness testimony; Presentation of documentary evidence, physical evidence, audio-visual materials and electronic data; the reading of the appraisal conclusions; Reading of the inquest transcript.

During this period, the parties may present new evidence, ask questions to witnesses, evaluators and examiners and request a re-appraisal or examination with permission. (3) Courtroom debate; The court arguments are conducted in order. speak for the plaintiff in turn; Statements and defences of the defence; a third party to speak or reply; The parties debated with each other.

After that, the trial took a long time to ask the parties for their final opinions. **During the period, the case may be postponed for statutory reasons, including: 1. Lack of parties or litigation participants who must appear in court; 2. There are legitimate reasons for recusal of court adjudicators; 3. New witnesses need to be notified to appear in court, new evidence needs to be collected, and there is a need for re-appraisal or inquest, or there is a need for supplementary investigation.

4) Court records; The court record must be read out and signed or sealed by the parties and other litigation participants. (5) Announcing the verdict; Based on the circumstances of the case, the people's court decides to announce the judgment in court or at regular intervals. (6) The trial period for ordinary procedure cases** is 6 months, and when necessary, it may be extended by 6 months with the approval of the court president.

**After the conclusion of the trial; Waiting for the issuance of the judgment and the execution of the judgment, etc. For accident litigation, we recommend appointing a lawyer**.

Traffic Accident Court Prosecution Process.

1. Case filing stage.

First of all, if the victim submits a civil complaint and relevant evidence to the court with jurisdiction as the plaintiff, and the materials are complete, the court accepts and examines it, and finds that the conditions for filing a lawsuit are met, the case will generally be filed within 7 days, and the parties will be notified at the same time. where the case cannot be filed, explain the reasons, and where supplementary materials are needed, notify and supplement them.

2. Pre-trial preparation stage.

The court will serve the defendant with a copy of the civil complaint, a notice to respond and the plaintiff's evidentiary materials within 5 days from the date of filing the case, and the defendant will submit a reply within 15 days after receiving the civil complaint, and the court will serve it on the plaintiff after receiving the reply. Some courts will serve a notice of presentation of evidence on both parties after the case is filed, and in this case, evidence should be presented in a timely manner according to the requirements of the notice. Where evidence cannot be provided for objective reasons, an application for an extension of time to present evidence shall be submitted.

3. **Trial stage.

**, the secretary ascertains the situation of the court appearance, announces the court discipline, and the presiding judge checks the situation of the parties, announces the cause of action, the list of adjudicators and clerks, informs the procedural rights and obligations, and asks whether to apply for recusal. Subsequently, the plaintiff's statement, the defendant's defense, the witnesses testify, the presentation of documentary evidence, physical evidence, the reading of the appraisal conclusion, the reading of the inquest record, etc., the adjudicators ask questions, ask each other, and finally enter the courtroom debate session, where the parties debate with each other, and the presiding judge asks the final opinions of the parties, and the trial ends.

4. Referee stage.

After the case is heard, the adjudicators will deliberate on the case and make a judgment based on the circumstances of the trial and the evidence provided by all parties. Subsequently, the judgment document is served, and any party who is dissatisfied may appeal, and the appeal period for dissatisfaction with the judgment is 15 days, and the appeal period for dissatisfaction with the ruling is 10 days. If the appeal is waived, the appeal period will expire and the judgment will take effect.