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You can appeal to the High Court if you are not satisfied with the judgment of the second instance, but according to the judicial procedures of the state, you can only appeal twice, which means that your appeal to the High Court is the last time you enjoy the right to appeal. If you are not satisfied with the judgment, you can only apply. Other ways too.
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If the second-instance judgment of a civil dispute is not satisfied, the matter is not very serious, can the High Court accept the application for retrial? According to article 199 of the Civil Procedure Law, a party dissatisfied with the second-instance judgment of the people's court may directly submit an application for retrial to the provincial high court.
Code of Civil Procedure
Article 199:Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.
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I can accept it! There are no big or small cases, but it depends on whether they are fair or not!!
If the judge's verdict in the first two instances was unfair, it would be worth appealing.
If the appeal fails, it can also be protested through the procuratorate; If the protest fails, it may also be expressed through a petition to express dissatisfaction.
This is a remedy to maintain judicial fairness, and as long as the correct procedure is followed, you can express your claim.
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Basically, I won't accept you, don't think too much, unless you skip the level and petition! But this is really not recommended.
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Hello, there is no time limit for retrial expressly stipulated by law, and it is generally stipulated by the court itself, and you can consult the court.
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Summary. An application for retrial may be filed, and whether or not the retrial procedure can be initiated depends on the court's decision. Article 205 of the Civil Procedure Law:
Parties applying for retrial shall submit it within 6 months of the judgment or ruling taking legal effect; Where there are circumstances provided for in items 1, 3, 12, or 13 of article 200 of this Law, it is to be submitted within 6 months from the date on which it is known or should have known.
An application for retrial may be filed, and whether or not the retrial procedure can be initiated depends on the court's decision. Article 205 of the Civil Procedure Law stipulates that a party applying for a retrial shall submit it within six months after the judgment or ruling takes legal effect; Where there are circumstances provided for in items 1, 3, 12, or 13 of Article 200 of this Law, it is to be submitted within 6 months from the date on which they knew or should have known.
Hello, the main reason is to ask if I have not filed a complaint within two years, and whether I can file a retrial after two years.
It can be raised, but whether the retrial procedure can be initiated depends on the court's decision.
It would be desirable to be able to find a valid reason to justify not filing within two years.
I couldn't find strong evidence before, so it was a case that was decided with 1 forged certificate, and there was new evidence? In this case, a retrial may be applied.
At that time, I didn't understand the law, I missed the opportunity to do an appraisal, and there were several new pieces of evidence, so I wanted to apply for a retrial.
Yes, you can apply.
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Summary. After dissatisfaction with the second-instance judgment in civil cases, no retrial can be filed after more than two years of dissatisfaction with the second-instance judgment, no matter how long it takes, and the second-instance judgment is indeed problematic, and there are errors in the trial procedures, determination of facts, and application of law, the parties may apply to enter the trial supervision procedure, and the parties have the right to apply to the people's court at the next higher level for a retrial within 6 months after the second-instance judgment takes effect. If there is an error in the application of the law and procedural issues, the parties still have the right to apply to the people's procuratorate for a protest
After dissatisfaction with the second-instance judgment in a civil case, no retrial can be filed after more than two years can not be filed for a retrial, and no matter how long it takes to be dissatisfied with the second-instance judgment, a retrial can generally not be filed, and there are indeed problems with the second-instance judgment, and there are errors in the trial procedures, determination of facts, and application of law, etc., the parties may apply to enter the trial supervision procedure, and the parties have the right to apply to the people's court at the next higher level for a retrial within 6 months after the second-instance judgment takes effect. If there is an error in the application of the law and procedural issues, the parties still have the right to apply to the people's procuratorate for a protest
If you are dissatisfied with the second-instance judgment of a civil case, you can apply to the court at the next higher level for a retrial, and if you are dissatisfied with the second-instance civil judgment and want to appeal, you can directly file a complaint with the court at the next higher level or request a complaint from the procuratorate at the next higher level, as long as you prepare a complaint and various relevant materials to apply and wait for the notice. The second instance is a final judgment and cannot be appealed
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No further appeal is permitted.
According to the provisions of the Civil Procedure Law, the judgment of the second instance is a final judgment and takes effect from the moment of service, and the parties may not appeal.
If the parties are still dissatisfied with the second-instance judgment in a civil case, they may apply to the court for a retrial, or apply to the procuratorate for a prosecutorial counter-appeal, and strive to correct the effective judgment through the court's trial supervision procedures.
Code of Civil Procedure
Article 175:The judgments and rulings of the second-instance trial courts are the final judgments or rulings.
Article 199:Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.
Article 208: The Supreme People's Procuratorate shall raise a prosecutorial counter-appeal against a judgment or ruling of a people's court at any level that has already taken legal effect, or a higher level People's Procuratorate discovers any of the circumstances provided for in Article 200 of this Law in respect of a judgment or ruling of a lower level people's court that has already taken legal effect, or if it discovers that the mediation document harms the national interest or the public interest.
Where any level of local people's procuratorate discovers any of the circumstances provided for in article 200 of this Law in respect of a judgment or ruling of a people's court at the same level that has already taken legal effect, or discovers that the mediation document harms the national interest or the societal public interest, it may submit a procuratorial suggestion to the people's court at the same level and report it to the people's procuratorate at the level above for filing; It may also request that the people's procuratorate at a higher level submit a prosecutorial counter-appeal to the people's court at the same level.
People's procuratorates at all levels have the right to submit procuratorial suggestions to the people's courts at the same level regarding the illegal conduct of adjudicators in trial procedures other than trial supervision procedures.
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Article 158 of the Civil Procedure Law of the People's Republic of China stipulates that the judgment or ruling of the people's court of second instance is the final judgment or ruling.
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It is also possible to apply for a retrial, or to prosecute in a separate case.
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The second-instance trial termination system practiced in our country means that after the second-instance trial, regardless of whether the parties agree to the trial result or not, the trial ruling will take effect and take legal effect, and the trial result will be enforced. Those who are dissatisfied with the outcome of the trial may continue to appeal, but if there is no evidence sufficient to change the outcome of the trial or affect judicial notarization, the High Court may not accept it. Because the outcome of the trial is the same, the trial process is a waste of time and resources.
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