▲ If the court decides to file a case, a notice of filing will be given to you, and a copy of your complaint and relevant evidence submitted by you will be served on the defendant, and then a court summons will be served on both parties of the original defendant (informing you of the court session time and the time limit for presenting evidence for defense).
▲ If you decide not to file a case, there will also be a "Decision on Not Filing a Case" for you, but the defendant will not be notified again.
▲ Usually when you go to the hospital headquarters, the filing court will review it on the spot, decide whether to file a case on the spot, and send you a "court summons" on the spot.
▲ Some grass-roots courts try cases in the following courts. Due to the professional level, the court personnel in charge of filing a case may ask you to leave the case materials first, and then decide whether to file a case after they review it (usually within seven days at the longest).
▲ The court filing review is mainly the so-called "superficial review"-that is, on the surface, the materials you submitted have clear defendants, specific claims, and causes of action accepted by the court (such as divorce disputes and sales contract disputes). ), as well as the minimum evidence materials (whether the evidence is sufficient and true, whether it can support your claim, is the content reviewed by the court of first instance, which will not review it). .
▲ According to the provisions of the Civil Procedure Law, the parties have the right to appeal against the court's decision not to file a case. Therefore, the practice of most grass-roots courts is to directly return your materials to you and verbally tell you that "our hospital has decided not to file a case." You can't appeal (there is no court of first instance ruling not to file a case, and the higher court will not accept your appeal). This is not surprising. . .
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Question 2: How long does it take for the general court to open the case? The law does not stipulate the specific time from filing a case to hearing, which shall be arranged by the presiding judge at his discretion, but the law stipulates a clear time limit for the whole hearing process. The following is the time limit for the first instance of civil cases.
The law provides that:
Article 161 of the Civil Procedure Law When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case.
Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
Question 3: How often does the court hold a session after filing a case? Each court arranges the court session time according to its own actual situation. The law does not stipulate this, but only stipulates when the case will be closed.
Question 4: How long does it usually take for the court to file a case? According to the law, decide whether to file a case within seven days. But in most cases, if the materials are ok, the filing procedures will be completed on the same day.
The above analysis is for reference and needs specific help. It is recommended to bring materials to a lawyer for specific communication and analysis. Please adopt it in time after consultation.
Question 5: How long does it usually take for the court to file a case? Hello, I am a college student studying law at school. I hope my answer can help you to file a case according to the relevant provisions of China's civil procedure law. After placing a case on file, the people's court shall send a copy of the indictment to the defendant within five days, and the defendant shall submit a reply within fifteen days after receiving it. The people's court shall serve the plaintiff within five days from the date of receiving the reply, and then form a collegial panel or determine a sole judge. At the same time, the original defendant also needs to negotiate or the people's court specifies the time limit for proof, which is generally about 30 days, and the time limit for proof can be extended twice at most. And evidence exchange can be arranged before the trial.
There is no hard and fast rule on how many times a case needs to be heard. Mainly depends on the complexity of the case, whether it is a major or difficult case. The facts of the case shall prevail.
Question 6: How long does it take for the court to file a case? To file a case, you only need to make a decision on whether to file a case within seven working days from the date of submitting the prosecution materials, and generally make a decision on whether to file a case on the spot.
Question 7: How long the court session lasts after a civil case is filed is closely related to the service and application procedures. Generally, it is transferred to the judicial department within 5 days after the case is filed, and then it depends on when it is delivered and the application procedure:
1. If the summary procedure is applied, the judicial department shall serve it on the parties within 5 days, and the court will arrange a hearing on 15 days after the parties receive the responding materials;
2. If the ordinary procedure is applied, the court session needs to be arranged after 30 days;
3. If the defendant's whereabouts are unknown, it needs to be announced, and the court session is usually arranged on the 93rd day after the newspaper publication.
Question 8: How long does it take for the court to refuse to file a case? Article 1 12 of the Civil Procedure Law: If a people's court receives a complaint or an oral prosecution, it shall file a case within seven days and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal. What are the reasons for the court's rejection? Because if the court refuses to accept a case that falls within the scope of administrative litigation and does not belong to our jurisdiction, it only needs to inform the plaintiff, and there is no need to issue a rejection ruling (see Article11of the Civil Procedure Law for details, so I won't write it because it is too long). If the above situation does not exist, then you must issue a ruling, because the ruling of inadmissibility can be appealed.
Question 9: How many days does it take for the court to file a case? Article 112 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a people's court receives a complaint or an oral prosecution, it shall file a case within seven days and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal.
Question 10: How long does it take to file a civil lawsuit? A: It is estimated that the court case is full and there is no time to review yours. There are provisions in the Civil Procedure Law: Article 112 If a people's court receives a complaint or an oral prosecution and finds that it meets the requirements for prosecution after examination, it shall file a case within seven days and notify the parties concerned; If it is considered that it does not meet the conditions for prosecution, it shall be ruled inadmissible within seven days; If the plaintiff refuses to accept the ruling, he can appeal. Article 135 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval. Article 146 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case. Article 113 The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall file a reply within fifteen days from the date of receiving the indictment. If the defendant submits a defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt. If the defendant fails to submit the defense, it will not affect the trial of the people's court. Article 114 The people's court shall inform the parties concerned of their litigation rights and obligations in the notice of accepting the case and the notice of responding to the lawsuit, or orally. Article 115 After the members of the collegial panel are determined, the parties concerned shall be notified within three days. Article 116 A judge must carefully examine the litigation materials and investigate and collect necessary evidence. Article 117 When sending personnel to investigate, the people's court shall show their certificates to the person under investigation. After the investigation record is reviewed by the respondent, it shall be signed or sealed by the respondent and the investigator. Article 118 When necessary, the people's court may entrust a foreign people's court to conduct an investigation. The entrusted investigation must put forward clear items and requirements. The entrusted people's court may take the initiative to supplement the investigation. After receiving the power of attorney, the entrusted people's court shall complete the investigation within 30 days. If it cannot be completed for some reason, it shall notify the entrusted people's court by letter within the above-mentioned time limit.