Is there a time limit for adding a third party in a civil case?

There is a time limit. The third party needs to file a lawsuit with the people's court that made the judgment, ruling, or mediation document within six months from the date on which they knew or should have known that their civil rights and interests had been harmed.

The specific provisions of the Civil Procedure Law of the People's Republic of China are as follows:

Article 56: Where third parties find that they have the right to make independent claims on the subject matter of litigation between the parties, they have the right to initiate litigation.

Where a third party does not have the right to make an independent claim on the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, he may apply to participate in the litigation, or the people's court may notify him to participate in the litigation. A third party who is judged by a people's court to bear civil liability has the procedural rights and obligations of the parties.

Where the third parties provided for in the preceding two paragraphs do not participate in litigation for reasons not attributable to themselves, but there is evidence showing that part or all of the content of the legally effective judgment, ruling, or mediation document is wrong, harming their civil rights and interests, they may file a lawsuit with the people's court that made the judgment, ruling, or mediation document within six months from the date on which they knew or should have known that their civil rights and interests had been harmed. Where the people's court finds the litigation claim sustained after trial, it shall modify or revoke the original judgment, ruling, or mediation document; Where the litigation claim is not sustained, the litigation claim is rejected.

There is no express provision in the law, and there are still controversies in judicial practice, but the general practice is that the addition should be made before the expiration of the time limit designated by the court for the presentation of evidence, and after the court has explained that it needs to be added, it may be added before the end of the courtroom debate.

The statutory time limit for adding a third party is as follows:

1. The calculation method of the time limit for applying for additional defendants: It is calculated from the time when the court accepts the case. Generally, defendants may be added before the conclusion of debate in the first-instance court;

2. The parties to the joint litigation may take the initiative to apply for the litigation, or the people's court shall notify the parties who must jointly conduct the litigation to participate in the litigation. Where one or both parties are two or more persons, and the subject matter of the litigation is common, or where the subject matter of the litigation is of the same type, and the people's court finds that trial may be combined and with the consent of the parties, it is a joint litigation. Where one of the parties to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there is no common right or obligation to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigants.

Legal basisArticle 55 of the Civil Procedure Law of the People's Republic of China.

Where one or both parties are two or more persons, and the subject matter of the litigation is common, or where the subject matter of the litigation is of the same type, and the people's court finds that trial may be combined and with the consent of the parties, it is a joint litigation.

Where one of the parties to a joint litigation has common rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is recognized by the other joint litigants and becomes effective against the other joint litigants; Where there are no joint rights and obligations with respect to the subject matter of the litigation, the litigation conduct of one of them is not effective against the other joint litigants.

Article 56.

In a joint litigation where one of the parties is large, the parties may elect a representative to conduct the litigation. The litigation acts of the representative shall be effective against the party he represents, but the consent of the represented party must be obtained for the representative to change or abandon the litigation claim or admit the litigation claim of the other party and settle the settlement.

A third party in civil litigation refers to a person who has an independent claim on the subject matter of the dispute between others in a civil lawsuit, or who has a legal interest in the outcome of the case despite not having an independent claim, and thus participates in the litigation. Third parties are divided into third parties who have the right to make an independent claim and third parties who do not have the right to make an independent claim but have a legal interest in the outcome of the case.

How can a third party be added after the first instance of civil litigation is initiated? Based on China's current laws, regulations and judicial interpretations, the author believes that it is possible to distinguish between a third party with an independent litigation claim and a third party who has a legal interest in the outcome of the case although it does not have the right to make an independent claim.

Where in a civil lawsuit, the people's court discovers that a third party has an independent claim on the subject matter of the dispute between others and does not file a lawsuit, the people's court shall, ex officio, notify the third party to be added, regardless of whether the plaintiff agrees to the addition. Where the third party has expressly waived its substantive rights, it may not be added; The people's court should still add a third party who is unwilling to participate in the litigation and does not waive its substantive rights in accordance with its authority, and those who do not participate in the litigation do not affect the people's court's trial of the case and its judgment in accordance with law.

A third party who does not have the right to make an independent claim applies to participate. If a third party finds that there is no independent litigation claim on the subject matter of the litigation disputed by the parties, but believes that the outcome of the case has a strong legal relationship with it, they may apply to the people's court to participate in the litigation.

The plaintiff applied for addition. In the course of the trial of the case, if the plaintiff discovers that a third party who should participate in the litigation and does not have the right to make an independent claim has been omitted, it may apply to the people's court to add the third party to participate in the litigation.

Where the defendant applies for addition, the plaintiff may add if the plaintiff agrees. In the course of the trial of the case, if the defendant discovers that the plaintiff has omitted a third party who should participate in the litigation and does not have the right to make an independent claim, it may apply to the people's court to add the third party to participate in the litigation.

The people's court is to add it ex officio. In the course of the trial of the case, if the people's court finds that the plaintiff has omitted a third party who should participate in the litigation and has no independent claim, it may add the third party ex officio.

The correct addition of a third party can effectively resolve disputes between the parties and prevent the burden of litigation, and must be taken seriously and accurately applied in trial practice, so as to preserve the lawful rights and interests of the parties.