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Generally within three months.
In accordance with the provisions of the Civil Procedure Law, the review is to be conducted within three months from the date of receipt of the application for retrial, and the retrial procedures shall be initiated if the conditions are met, and the application shall be rejected if the conditions are not met.
The Civil Procedure Law provides as follows:
Article 204:The people's court shall review the application for retrial within 3 months of receiving it, and where it meets the requirements of this Law, rule on a retrial; where the provisions of this Law are not complied with, a ruling is made to reject the application. Where there are special circumstances that require an extension, it is to be approved by the president of that court.
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Parties applying for retrial shall submit it within 6 months of the judgment or ruling taking legal effect. There is no clear statutory time limit for initiating the procedure, and it is generally within three months to make a reply to the ruling for a retrial or to reject the application.
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Yes, it's tough; An application may be made to the procuratorate for a retrial and prosecutorial counter-appeal. Good luck.
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Legal analysis: There is a time limit for retrial filing and review. The people's court shall review it within 3 months of receiving the written application for retrial, and where the provisions of this Law are met, rule for retrial; where the provisions of this Law are not complied with, a ruling is made to reject the application.
Where there are special circumstances that require an extension, it is to be approved by the president of that court.
Legal basis: Article 2 of the Civil Procedure Law of the People's Republic of China.
The people's court shall review it within 3 months of receiving the written application for retrial, and where the provisions of this Law are met, rule for retrial; where the provisions of this Law are not complied with, a ruling is made to reject the application. Where there are special circumstances that require an extension, it is to be approved by the president of that court.
Cases where a party applies for a ruling on a retrial are to be heard by a people's court at or above the intermediate level people's court, except where the parties choose to apply to the basic level people's court for a retrial in accordance with article 199 of this Law. In cases where the Supreme People's Qiaoxiao People's Court or High People's Court rules for retrial, that court is to retry the case or transfer it to another people's court for retrial, and it may also be transferred to the original people's court for retrial.
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The review process after the retrial is filed will take the following time:
1. The trial period for general civil cases is 3 months, and the special circumstances of potato distress require the approval of the president to extend it appropriately;
2. However, from the filing of the case to **, in principle, it cannot exceed 3 months;
3. You can go to the case filing court for consultation, whether the case has not been filed because the evidence is incomplete, and the court's acceptance of the materials does not mean that it agrees to file the case. China's law does not stipulate a specific time for civil cases to be filed and accepted by the court, but general cases should be concluded within six months from the date of filing.
Legal basisArticle 126 of the Civil Procedure Law of the People's Republic of China.
The people's courts shall ensure the parties' right to sue in accordance with the provisions of law. Prosecutions that comply with article 122 of this law must be accepted. Where the requirements for initiating litigation are met, the case shall be filed within 7 days, and the parties shall be notified; where the requirements for initiating litigation are not met, a written ruling shall be made within 7 days and not accepted; Where the plaintiff is not satisfied with the ruling, he may file an appeal.
What is the process of filing a case?
1. The acceptance of case filing materials, and the activities of the public security organs, people's procuratorates, or people's courts to take over and accept persons or materials that have been reported, accused, reported, or voluntarily surrendered;
2. The review of case filing materials, and the activities of the public security organs, people's procuratorates or people's courts to check and investigate the materials that have been accepted;
3. The public security and judicial organs shall promptly handle the case filing materials after reviewing and conducting necessary investigations.
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