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How long does the law require to be prosecuted before receiving a subpoena?
1, general prosecution 15 days will receive a summons. If there are some civil disputes between the two parties and the other party goes to court, then both parties must provide corresponding information. Then, after examination, the court considers that the case of the party concerned is qualified, and will file a notice within one day, and then issue a summons to the other party within 15 days.
2. Legal basis: Article 126th of the Civil Procedure Law of People's Republic of China (PRC).
The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. Litigation that conforms to the provisions of Article 122 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.
Article 127
The people's court shall handle the following prosecutions according to different situations:
(a) in accordance with the provisions of the administrative procedure law, which belongs to the scope of administrative litigation, inform the plaintiff to bring an administrative lawsuit;
(2) In accordance with the law, if both parties reach a written arbitration agreement to apply for arbitration and cannot bring a lawsuit to the people's court, inform the plaintiff to apply to an arbitration institution for arbitration;
(3) Informing the plaintiff to apply to the relevant authorities for settlement of disputes that should be handled by other organs according to law;
(4) Informing the plaintiff to bring a suit in a people's court that has jurisdiction over a case that is not under the jurisdiction of this court;
(5) If a party files a lawsuit in a case in which a judgment, ruling or conciliation statement has become legally effective, it shall inform the plaintiff to apply for a retrial, unless the people's court decides to allow the withdrawal of the lawsuit;
(six) cases that cannot be prosecuted within a certain period of time according to law shall not be accepted;
(seven) cases in which divorce or mediation is not allowed, and cases in which the adoption relationship is maintained through judgment or mediation, if there are no new circumstances or new reasons, will not be accepted if the plaintiff brings a lawsuit within six months.
Second, what conditions must be met for prosecution?
1. The plaintiff is a citizen, legal person and other organization that has a direct interest in this case;
2. There is a clear defendant;
3, there are specific claims and facts and reasons;
4. It belongs to the scope and jurisdiction of the people's court to accept civil litigation.
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