How long does it take to file a lawsuit with a lawyer?
According to the law, decide whether to file a case within seven days. Usually, the materials are complete and there are no special circumstances. The court filed a case 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 evaluate and end the consultation in time after the consultation.
How long does it take to file a case?
After filing a case, you have to go through several steps before you can go to court.
1, reply. According to Article 125 of China's Civil Procedure Law, "the people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant does not submit a reply, it will not affect the trial of the people's court. " This stage takes 25 days.
2. Form a collegial panel. According to Article 128 of the Civil Procedure Law, "After the members of the collegial panel are determined, they shall inform the parties within three days", which takes three days.
3. Mediation. Article 133 of the Civil Procedure Law stipulates: "The people's courts shall handle the accepted cases according to their respective circumstances: (1) If the parties have no dispute and meet the requirements of the supervision procedure, they may be transferred to the supervision procedure; (2) If mediation can be conducted before the court session, it shall be settled through mediation in time; (three) according to the circumstances of the case, determine whether to apply summary procedure or ordinary procedure; (4) If a court session is needed, the focus of the dispute shall be clarified by asking the parties to exchange evidence. " This stage needs 1 day.
4. notify the court. Article 136 of the Civil Procedure Law stipulates: "When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the opening of the court session. If the court session is held in public, the name, cause of action, time and place of the court session shall be announced. " Please note that the trial should be held three days ago.
To sum up, it will take about one month from filing a case to opening a court session.
What materials are needed to file a lawsuit?
1. When a party brings a civil lawsuit to our hospital, it shall submit a complaint, plaintiff's qualification certificate, prosecution evidence and other materials. Where an agent brings a civil lawsuit on behalf of the plaintiff, it shall also submit the qualification certificate of the agent.
2. The parties shall submit the original indictment signed or sealed by themselves, and submit copies according to the number of other parties.
3. The complaint shall contain the following items:
(1) The name, gender, age, nationality, occupation, work unit and domicile, communication mode of the party concerned, the name and domicile of the legal person or other organization, and the name, position and communication mode of the legal representative or principal responsible person (hereinafter referred to as the basic information of the party concerned);
(2) the request and the facts and reasons on which it is based;
(3) Evidence and its sources, names and residences of witnesses.
4. If the plaintiff is a natural person, a copy of identification materials shall be submitted; If the plaintiff is a legal person or an individual industrial and commercial household, it shall submit a copy of its business license, and other organizations shall submit a copy of legal documents proving its valid establishment. The legal person shall submit the annual inspection certificate, and the representative or principal responsible person of the legal person or other organization shall submit the original certificate of employment and a copy of the identity certificate.
The above is the relevant legal knowledge for everyone. When you ask a lawyer to help you with a lawsuit, you should first explain the specific rights and interests to the lawyer to ensure that you will not lose the lawsuit. If you don't know much about getting a lawyer to go to court, come and discuss with a lawyer one-on-one, find a solution and pay attention together.