please refer to the following information for how to specify the time limit for hearing a case by the court:
I. First trial
(1) Limitation of action
Article 188 of the Civil Code of the People's Republic of China stipulates that the limitation of action for requesting protection of civil rights from the people's court is three years. Except as otherwise provided by law.
three-year statute of limitations. Bring a lawsuit for compensation for environmental pollution damage. (Article 42 of the Environmental Protection Law)
(2) Applying for property preservation
Property preservation before litigation. The court shall make a ruling within 48 hours, and if the ruling is preserved, it shall be executed immediately (the applicant must provide a guarantee). The applicant shall institute legal proceedings within 15 days after taking protective measures. (article 93 of civil litigation)
property preservation in litigation. If the situation is urgent, the court shall make a ruling within 48 hours, and if the ruling is preserved, it shall be executed immediately. (Article 92 of Civil Procedure)
If you are not satisfied with the ruling of property preservation or prior execution, you may apply for reconsideration once. (Article 99 of Civil Procedure)
(3) Applying for evidence preservation
Evidence preservation before litigation. Article 58 of the Trademark Law stipulates that the court must make a ruling within 48 hours after receiving the application, and the applicant shall bring a lawsuit within 15 days after taking protective measures for the immediate execution of the consent. (Article 58 of the Trademark Law)
Evidence preservation in litigation. There is no provision for evidence preservation before litigation in civil litigation, and an application for evidence preservation in litigation shall be filed 7 days before the expiration of the time limit for adducing evidence. Evidence preservation does not stipulate that the parties have the right to apply for reconsideration. (Evidence Rule 23)
(4) Filing a case
The court shall file a case within 7 days after receiving the complaint or oral prosecution, and the filing court shall transfer it to the trial court within 3 days after deciding to file a case. (Articles 6 and 7 of Several Provisions on the Limitation of Trial)
(5) Application precedes execution
The court shall take (Article 16 of the Opinions on Civil Action) after accepting the case and before the final judgment
(6) Public announcement shall be served in China. Applicable to those whose whereabouts are unknown or cannot be served by other means. If 6 days have passed since the date of announcement, it shall be deemed to have been served. (article 84 of civil action)
involving foreign affairs. Applicable to those that cannot be delivered by other means. Six months from the date of announcement. (article 245 of civil action)
(7) defense period
domestic. The court shall serve a copy of the indictment on the defendant within 5 days from the date of filing the case, and the defendant shall reply within 15 days from the date of receipt, and the court shall send the plaintiff within 5 days from the date of receipt of the reply (but when the evidence submitted by the defendant is submitted to the plaintiff is not clearly stipulated). (article 113 of civil action)
involving foreign affairs. The defense period is 3 days, and can be extended. (Civil Procedure Article 246)
(8) Objections to jurisdiction
shall be raised within the period of defense, and the court shall make a written ruling within 15 days from the date of receiving the objections. Anyone who refuses to accept the ruling may appeal to a higher court, which shall conclude the case within 3 days. (Article 38 on Civil Action, Article 5 on Several Provisions on Strict Enforcement of Civil Action in Economic Trials)
(9) Time limit for adducing evidence
The ordinary procedure designated by the court shall be no less than 3 days after negotiation by both parties and approved by the court, but it may be less than 3 days with the consent of both parties. After the aforesaid time limit for adducing evidence expires, the time limit for the court to request evidence or disprove evidence at its discretion based on specific facts is not limited by 3 days. Summary procedure court can specify less than 3 days, and the parties can negotiate for no more than 15 days. Calculated from the day after receiving the notice of acceptance and the notice of responding to the lawsuit. (There are 33 rules for evidence, 1 and 2 rules for notice and 22 rules for summary procedure)
(1) After the simple procedure is converted into ordinary procedure, the time limit for proof should be not less than 3 days, but it can be less than 3 days with the consent of the parties. (notice of time limit for adducing evidence)
time limit for adducing evidence after jurisdictional objection
If a party raises a jurisdictional objection within the defense period of first instance, the people's court shall, after the ruling rejecting the jurisdictional objection of the party takes effect, re-designate a time limit for adducing evidence of not less than 3 days in accordance with the provisions of the third paragraph of Article 33 of the Evidence Regulations. However, with the consent of the parties concerned, the people's court may specify a time limit of less than 3 days for adducing evidence. (notice on time limit for adducing evidence, article 3)
(11) During the period when the court investigates evidence against evidence
The time limit for adducing evidence against evidence collected by the people's court according to its functions and powers. After the evidence investigated and collected by the people's court in accordance with Article 15 of the Evidence Regulations is presented at the trial, if the parties request to provide evidence to the contrary, the people's court may determine the corresponding time limit for adducing evidence as appropriate. (Article 4 of the Notice on the Provision of Time Limit for Giving Evidence)
(12) Increasing the time limit for giving evidence by the parties
On the issue of increasing the time limit for giving evidence by the parties. The people's court shall, in the case of adding a party or a third person with independent claim to participate in the litigation, specify the time limit for adducing evidence for the new party in the litigation in accordance with the provisions of the third paragraph of Article 33 of the Evidence Regulations. This time limit for proof is applicable to other parties. (Article 5 of the notice on the time limit for adducing evidence)
(XIII) An application for extension of adducing evidence
should be filed within the time limit for adducing evidence and can be filed again. The extended time limit is also applicable to other parties. (Article 36 provides for evidence and Article 6 provides for notice of the time limit for adducing evidence)
(14) The application for witness to appear in court
should be made 1 days before the expiration of the time limit for adducing evidence (Article 54 provides for evidence)
The summary procedure should be made before the expiration of the time limit for adducing evidence. (Rule 12 on Simplicity)
(15) Application for investigation and evidence collection
An application for court investigation and evidence collection should be made seven days before the expiration of the time limit for providing evidence. If the court decides not to collect evidence, a notice should be served on the party concerned. The party concerned can apply for reconsideration in writing to the accepting court within three days from the day after receiving the disapproval, and the court should give a reply within five days. (Article 19 of the Evidence Provisions)
A summary procedure shall be filed before the expiration of the time limit for adducing evidence. (Summary Procedure Article 12)
(16) An application for appraisal
shall be filed within the time limit for adducing evidence, unless it meets the circumstances specified in Article 27 of the Evidence Provisions; The authentication institutions and personnel shall be negotiated by both parties. If negotiation fails, they shall be appointed by the court. (Articles 25, 26, 27, and 28 of the Evidence Provisions) Article 27 refers to the case where there is objection to the appraisal entrusted by the people's court and an application for re-appraisal is made. Article 28 stipulates that if the other party has enough evidence to refute the appraisal conclusion made by the relevant department entrusted by Party B itself and apply for re-appraisal, the court shall allow it. Should this provision be put forward within the time limit for proof stipulated in Article 25?
(XVII) Increase, change or counterclaim the period
should be put forward before the expiration of the time limit for adducing evidence, but the claim can be changed under the circumstances stipulated in Article 35 of the Evidence Provisions. Article 35 stipulates that if the nature of the legal relationship advocated by the parties or the effectiveness of the civil act is inconsistent with the court's determination based on the facts of the case, the court shall inform the parties that they can change their claims. If a party changes his claim, the people's court shall re-specify the time limit for adducing evidence. (Article 34 of Evidence)
According to Article 3 of Judicial Interpretation I of Contract Law, in the case of competing claims, if the creditor makes a choice when suing according to Article 122 of Contract Law, and then changes the claim before the trial of first instance, the court shall allow it.
(XVIII) Changing the time limit for adducing evidence after the claim or counterclaim
The people's court shall re-specify the time limit for adducing evidence according to the specific circumstances of the case. If the parties have agreed on the time limit, it shall be approved by the court. (notice on time limit for adducing evidence 7)
(XIX) Time limit for applying to increase the number of parties
There is no definite time limit for applying to increase the number of parties, but in view of the fact that applying to increase the number of parties will inevitably involve increasing or changing the claims. Therefore, it should be put forward within the time limit of proof. (opinion 57 on civil action)
(2) Exchange of evidence
Exchange of evidence should be conducted after the expiration of the defense period and before the trial. (Article 37 on Evidence)
If the court organizes the exchange of evidence, the time limit for presenting evidence expires on the day of exchange. (Evidence is stipulated in Article 38)
(21) Submit new evidence
First, new evidence in the second instance. It should be put forward before or during the court session. If the parties submit new evidence, the time limit specified by the people's court shall not be less than 3 days. (the evidence is stipulated in 42, and the time limit for adducing evidence is stipulated in 8 notices)
Retry new evidence. It should be put forward when applying for retrial (article 44 of evidence and article 125 of civil action)
(22) Time limit for summons
The court should summon the parties by summons three days before the court session. The agent shall be notified to appear in court by notice (there is no requirement for participants in the proceedings to give notice in advance). Summoning by summons is a prerequisite for handling the case according to withdrawal and judging by default. (article 155 of opinions on civil action)
(23) the application for withdrawal
is filed before the trial of the case, or before the end of the court debate. The court shall make a decision orally or in writing within 3 days after it is put forward. If a party refuses to accept the decision, it may apply for reconsideration upon receiving the decision, and the court shall make a decision on the reconsideration within 3 days. (Articles 46 and 48 of the Civil Procedure)
(24) Fines and detention
Reconsideration
If a person refuses to accept the decision on civil fines and detention, he shall apply to a higher court for reconsideration, and the trial period shall be five days. (Article 2 of several provisions on the time limit for trial, Article 15 for civil action)
Remedies after the time limit is delayed
An application for extension (Article 76 for civil action) shall be made to the court within 1 days after the obstacle is removed
(25) The time limit for trial in first instance
Ordinary procedures. Six months, which can be extended for six months with the approval of the president of our hospital. If it needs to be extended, it can be extended for another three months with the approval of the higher court.
simple procedure. Three months. If there is no extension, if it is more than three months, it will be converted into ordinary procedures, and the trial limit will be calculated from the date of filing (Article 8 of several provisions on the calculation of trial limit from the date of conversion of criminal cases).
special procedures. 3 days, with the approval of the president of our hospital, it can be extended for 3 days.
collision between ships and general average. 1 year, which can be extended by 6 months with the approval of the president of our hospital.
(Article 2, Article 135 and Article 17 of the Supreme Court's Provisions on Strict Enforcement of the Time Limit for Trial of Cases)
(XXVI) If the judgment is pronounced in court, the judgment shall be sent within ten days;
if the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced. (Article 134 of the Civil Action)