Is there a time limit for the pronouncement of judgments in civil proceedings?

Updated on society 2024-06-15
6 answers
  1. Anonymous users2024-02-12

    1 Cases under ordinary procedure shall be concluded within 6 months, which may be extended by 6 months The statutes are as follows: (Code of Civil Procedure).

    Article 135: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.

    2 The case for the proposed procedure shall be concluded within three months

    Article 146:People's courts applying the simplified procedures at trial shall complete trial within 3 months of filing the case.

    3 Second-instance cases should also be concluded within three months, which may be extended

    Article 159:People's courts hearing appeals against judgments shall complete trial within 3 months of filing the second-instance trial. 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.

    4 However, if the case is foreign-related, such as if there is a foreigner or property in a foreign country, etc., it is not subject to the above restrictions and may be tried for a long time

    Article 250:The period during which people's courts hear civil cases involving foreign interests is not subject to the restrictions provided for in articles 135 and 159 of this Law.

    The courts in Beijing have to hear cases in strict accordance with the above-mentioned Civil Procedure Law, so the trial time is the same as mentioned above

  2. Anonymous users2024-02-11

    Periodic judgment announcement means that after the court session has completed the trial, the parties are informed when the judgment will be announced, and the judgment is generally required to be made within the trial period.

    1. The summary procedure is 3 months, and if the case is complicated, the ordinary procedure can be transferred and the trial time limit can be extended for another 3 months;

    2. 6 months for the ordinary procedure;

    3. If the defendant's whereabouts are unknown and it is necessary to make a public announcement, the time limit for trial is to deduct the time limit for the announcement and defense within 6 months of the ordinary procedures.

  3. Anonymous users2024-02-10

    The summary procedure for civil cases is generally 3 months; The ordinary procedure shall be completed within 6 months; It can be extended in special circumstances.

  4. Anonymous users2024-02-09

    1. General provisions on the time limit for the trial of civil litigation.

    In first-instance civil cases tried using the ordinary procedures, the time limit is six months; Where there are special circumstances that require an extension, an extension of six months may be granted with the approval of the president of that court, and where an extension is still necessary, it may be extended for another three months upon approval by the people's court at the level above.

    The time limit for civil cases applying the summary procedures is three months.

    In civil cases tried under the Iwaga Confession Special Procedure, the time limit is 30 days; Where there are special circumstances that require an extension, an extension of 30 days may be granted with the approval of the chief of that court, but at trial.

    Voter Eligibility Cases.

    The trial must be concluded before the election date.

    Where a civil decision on a fine or detention is not satisfied and an application for reconsideration is made, the time limit for trial is 5 days.

    In accordance with the provisions of article 250 of the Civil Procedure Law, the trial of foreign-related civil cases is not subject to the time limit for the trial of the above-mentioned cases.

    The time limit for hearing civil cases involving Hong Kong, Macao, and Taiwan is to be handled with reference to the provisions on the trial of foreign-related civil cases.

    In civil cases where a retrial is ruling, the provisions on the time limit for trial of the first instance are to be enforced.

    2. The following periods are not included in the trial period:

    1) Due to a party's or litigant's application to notify new witnesses to appear in court, collect new evidence, or apply for a new evaluation.

    the period within one month of the court deciding to adjourn the trial;

    2) The period for the public announcement to serve the legal documents for evaluation;

    3) the period for hearing jurisdictional objections raised by the parties and handling jurisdictional disputes between courts;

    4) The period for the presentation of evidence that is extended because the parties have negotiated to determine the time limit for the presentation of evidence or the time for the exchange of evidence:

    5) The period during which the relevant professional institutions conduct audits, assessments, and asset disposals;

    6) The period between the suspension of litigation (trial) and the resumption of litigation (trial);

    7) The parties modify the litigation claims or add the parties to the litigation to make a secret.

    Where it is necessary to re-serve a copy of the complaint, the people's court shall re-designate the period of time for the presentation of evidence;

    8) In cases where the circumstances of the case are major or difficult, and it is necessary for the adjudication committee to make a decision, the period from the date it is submitted to the adjudication committee to the date on which the adjudication committee makes a decision.

    Civil Code of the People's Republic of China

    Article 188:The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

    The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

  5. Anonymous users2024-02-08

    The time limit for enforcement of judgments in civil cases is generally six months, and if it has not been enforced after six months, the person applying for enforcement may apply to the people's court at the next higher level for enforcement, and the people's court at the next higher level may, upon review, order the people's court of Gao Lao Lianyuan to enforce within a certain period of time, or may decide to have it enforced by that court or order other people's courts to enforce it.

    [Legal basis].Article 226 of the Civil Procedure Law of the People's Republic of China.

    Apply to a higher court for enforcement.

    Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. After review, the people's court at the level above may order the original people's court to enforce within a certain period of time, and may also decide that that the court will enforce it or that the relative grandchild order another people's court to enforce it.

  6. Anonymous users2024-02-07

    Time limit for enforcement of judgments in civil cases: The law stipulates that if the people's court fails to enforce the document for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the next higher level for enforcement. After review, the people's court at the level above may order the original people's court to enforce within a certain period of time, and may also decide that the court will enforce it or order another people's court to enforce it.

    [Legal basis].Article 226 of the Civil Procedure Law.

    Where the people's court has not enforced the application for enforcement for six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.

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