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How long does it take to receive a subpoena after filing a case?
Within 10 days to one month. After the case is filed, the summons must be served to the other party, and the defendant is usually served with a summons within 7 days. In real life, how long it takes for the court to receive the summons after filing the case is generally controlled by the court. Under normal circumstances, it is within 10 days to a month. A subpoena, generally refers to a court summons, is a written notice issued by the court at the beginning of specific procedures and litigation. It is a certificate that summons persons related to the case to appear in court. The court summons shall state the name, gender, age, address of the person being summoned, the reason for the summons, the time and place of arrival and other relevant matters.
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 defense within fifteen days from the date of receipt. As for when to arrange a court hearing and issue a summons, the law does not stipulate that it is decided by the court itself. In real life, it is usually within 10 days to a month. After the court files a case, it should first notify the defendant, and then notify the plaintiff after notifying the defendant. In other words, the court will first notify the defendant by phone. If the notice is not received, it will use direct service, lien service, entrusted service, or mailed service of litigation documents. All of the above will be used. If the summons cannot be served, it will be served by public notice. Service by public notice means that the summons is served by publishing it in a newspaper and it will be deemed to have been served after sixty days from the date of issuance of the public notice.
After the court files a case, it should first summon the defendant and then notify the plaintiff. That is to say, the court will first notify the defendant by phone. If the notice is not received, it will use direct service, lien service, entrusted service, or mailing. When the service of litigation documents cannot be served, the final method of service is to use public notice. Public notice service means that the summons is served by publishing it in a newspaper. It will be deemed to have been served after sixty days from the date of issuance of the public notice. The law stipulates the time limit for hearing the case, and the subpoena is issued within the time limit. The simplified procedure lasts three months and the ordinary procedure takes six months, so the maximum period cannot exceed this period.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 136 Notice and Announcement of Court Openings Hearing by the People's Court In civil cases, the parties and other litigation participants shall be notified three days before the hearing. If the trial is held in public, the names of the parties, the cause of the case, and the time and place of the hearing shall be announced.
Article 137: Pre-trial Preparations Before a trial begins, the clerk shall check whether the parties and other litigation participants are present in court and declare court discipline. During a court hearing, the presiding judge will check the parties, announce the cause of the case, announce the list of judges and clerks, inform the parties of the relevant litigation rights and obligations, and ask the parties whether they have applied for recusal.
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