Please refer to the following information on how to specify the time limit for the court to hear a case:
First, first instance
(1) Limitation of action
Article 188 of the Civil Law of People's Republic of China (PRC) 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 years 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 file a lawsuit within 15 days after taking protective measures. (Article 93 of the Civil Procedure Law)
Property preservation in litigation. In case of emergency, a ruling shall be made within 48 hours; in case of preservation, it shall be executed immediately. (Article 92 of the Civil Procedure Law)
If you are dissatisfied with the ruling of property preservation or prior execution, you may apply for reconsideration once. (Article 99 of the Civil Procedure Law)
(3) applying for evidence preservation
Preservation of evidence 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. (Article 58 of the Trademark Law)
Evidence preservation in litigation. There is no provision for evidence preservation before litigation in civil litigation, and the 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. (Rule 23 of the Rules of Evidence)
(4) filing a case
The court shall file a case within 7 days after receiving the complaint or oral prosecution, and the court filing the case shall transfer it to the court of first instance within 3 days after deciding to file the case. (Articles 6 and 7 of certain provisions on trial limits)
(5) Application precedes execution.
After the court accepts the case, but before the final judgment (civil complaint opinion 106)
(6) service of public announcement
Domestic. Applicable to people whose whereabouts are unknown or who cannot be served by other means. If it is more than 60 days from the date of announcement, it shall be deemed to have been served. (Article 84 of the Civil Procedure Law)
Foreign affairs. Applicable to those that cannot be delivered by other means. Six months from the date of announcement. (Article 245 of the Civil Procedure Law)
(7) Period of defense
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 serve the plaintiff within 5 days from the date of receipt of the reply (but there is no clear stipulation on when the evidence submitted by the defendant will be submitted to the plaintiff). (Article 1 13 of the Civil Procedure)
Foreign affairs. The defense period is 30 days, which can be extended. (Article 246 of the Civil Procedure Law)
(8) Jurisdiction objection
It should be put forward within the defense period, and the court should make a written ruling within 15 days from the date of receiving the objection. Anyone who refuses to accept the ruling can appeal to a higher court, which should close the case within 30 days. (Article 5 and Article 38 of Several Provisions on Strict Enforcement of Civil Proceedings in Economic Trials)
(9) Time limit for adducing evidence
The ordinary procedure designated by the court shall not be less than 30 days after negotiation by both parties and approval by the court, but it may be less than 30 days with mutual consent. After the expiration of the above-mentioned time limit for adducing evidence, the time limit for the court to request or refute evidence on its own according to specific facts is not limited by 30 days. The court may specify that the summary procedure shall not exceed 30 days, and the negotiation between the parties shall not exceed 15 days. Counting from the day after receiving the notice of acceptance and the notice of responding to the lawsuit. (There are 33 rules on evidence, 1 and 2 rules on time limit for giving evidence, and 22 rules on summary procedure)
(10) The time limit for adducing evidence is from simple to ordinary.
If the summary procedure is converted into ordinary procedure, the time limit for adducing evidence shall not be less than 30 days, but it may be less than 30 days after obtaining the consent of the parties. (Article 2 of the Notice on the Time Limit for Giving Evidence)
Time limit for proof after jurisdictional objection
If a party raises an objection to jurisdiction within the defense period of the first instance, the people's court shall, after the ruling rejecting the objection to jurisdiction of the party takes effect, re-designate a time limit of not less than 30 days in accordance with the provisions of the third paragraph of Article 33 of the Evidence Regulations. However, with the consent of the parties, the people's court may specify a time limit of less than 30 days for adducing evidence. (Article 3 of the Notice on the Time Limit for Giving Evidence)
(11) Time limit for disproof evidence in court investigation.
The people's court investigates and collects evidence according to its functions and powers, and puts forward the time limit for proof of contrary evidence. After the evidence 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 Time Limit for Giving Evidence)
(12) Increase the time limit for the parties to give evidence.
On the issue of increasing the time limit for the parties to give evidence. If the people's court increases the number of parties with independent claims or a third party to participate in the proceedings, it shall, in accordance with the provisions of the third paragraph of Article 33 of the Evidence Regulations, specify a time limit for the new litigants to present evidence. This time limit for proof applies to other parties. (Article 5 of the Notice on the Time Limit for Giving Evidence)
(thirteen) to apply for an extension of proof.
It shall be submitted within the time limit for adducing evidence, and it may be submitted again. The extended time limit also applies to other parties. (Article 36 provides evidence, and Article 6 provides time limit for proof.)
(fourteen) apply for witnesses to appear in court.
It shall be submitted before the expiration of the time limit for adducing evidence 10 (Article 54 of the Evidence Regulations).
Summary procedure shall be put forward before the expiration of the time limit for proof. (Rules on Simplicity 12)
(fifteen) to apply for investigation and evidence collection.
The application for court investigation and evidence collection shall be filed 7 days before the expiration of the time limit for adducing evidence. If the court decides not to collect evidence, it shall serve a notice on the party concerned. The parties may, within 3 days from the day after receiving the disapproval, apply in writing to the accepting court for reconsideration, and the court shall make a reply within 5 days. (Evidence Rules 19)
Summary procedure shall be put forward before the expiration of the time limit for proof. (Summary Procedure Rules 12)
(sixteen) to apply for identification.
It shall be put forward within the time limit for adducing evidence, except under the circumstances stipulated in Article 27 of the Evidence Regulations; Appraisal institutions and personnel shall be determined by both parties through consultation. 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 sufficient evidence to refute the appraisal conclusion made by the relevant department entrusted by Party B itself and applies for re-appraisal, the court shall allow it. Should this provision be put forward within the time limit for proof stipulated in Article 25?
(seventeen) to increase or change the time limit for bringing a lawsuit or counterclaim.
It shall be filed before the expiration of the time limit for adducing evidence, but the claim may be changed under the circumstances stipulated in Article 35 of the Evidence Regulations. 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 that determined by the court according to the facts of the case, the court shall inform the parties that they can change the litigation request. If a party changes his claim, the people's court shall re-specify the time limit for adducing evidence. (Rule 34 of the Rules of Evidence)
According to Article 30 of Judicial Interpretation 1 of the Contract Law, in the case of competing claims, if the creditor makes a choice when suing according to Article 122 of the Contract Law and changes the creditor's rights before the first trial, the court shall allow it.
(eighteen) after the request or counterclaim, the time limit for adducing evidence is changed.
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. (Article 7 of the Notice on the Time Limit for Giving Evidence)
(nineteen) the parties apply for extension of the time limit.
There is no clear time limit for applying for adding parties, but in view of the fact that applying for adding parties will inevitably involve adding or changing litigation claims. Therefore, it should be put forward within the time limit of proof. (Article 57 of civil complaint opinions)
(20) Exchange of evidence
The exchange of evidence shall be conducted after the expiration of the defense period and before the court session. (Rule 37 of the Rules of Evidence)
If the court organizes the exchange of evidence, the time limit for proof shall be the date of exchange. (Rule 38 of the Rules of Evidence)
(2 1) Submit new evidence.
First, the new evidence in the second trial. 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 30 days. (Rule 42 of the Rules of Evidence, Rule 8 of the Notice of the Time Limit for Giving Evidence)
Retrial 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 summoning
The court shall summon the parties three days before the hearing. Notify the agent to appear in court (participants in the proceedings are not required to notify in advance). Summoning by summons is a prerequisite for handling a case according to the judgment of withdrawal or default. (article 155 of the civil complaint)
(23) Apply for withdrawal.
The case can be brought before the court session or before the end of the court debate. The court shall make a decision orally or in writing within 3 days after the proposal is made. If a party refuses to accept the decision, it may apply for reconsideration from the date of receiving the decision, and the court shall make a reconsideration decision within 3 days. (Articles 46 and 48 of the Civil Procedure Law)
(XXIV) Fines and detention
To reconsider (a decision).
If he refuses to accept the decision of civil fine or detention and applies to a higher court for reconsideration, the trial period is 5 days. (Article 2 of Several Provisions on the Time Limit for Trial, Article 105 of Civil Procedure)
Remedial measures after the deadline is delayed
An application for an extension shall be made to the court within 10 days after the obstacle is removed (Article 76 of Civil Procedure).
(twenty-five) the trial time limit of first instance
Ordinary procedure. Six months, which can be extended by the president of our hospital. If an extension is necessary, it may be extended for another three months with the approval of a higher court.
Summary procedure. Three months. If there is no extension, if it is more than three months, it will be converted into an ordinary procedure, and the trial limit will be calculated from the date of filing the case (Article 8 of the Provisions on Calculating the Trial Limit of Criminal Cases from the Date of Filing the Case).
Special procedures. 30 days, with the approval of the president of our hospital, can be extended for 30 days.
Ship collision and general average. 1 year, which can be extended for 6 months with the approval of the president of our hospital.
(Article 2 of the Supreme Court's Provisions on Strict Enforcement of the Time Limit for Trial of Cases, Article 135 of the Civil Procedure and Article 170 of the Civil Procedure Opinions)
(twenty-six) the time limit for serving the judgment
If a verdict is pronounced in court, it shall be served 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 Procedure)