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How soon can the defendant appeal to the plaintiff to receive the summons for second instance?
Legal analysis: You will receive a summons from the court in about 20 days. However, for the procedure of second instance, the people's court may not necessarily serve a summons, because according to the provisions of the Civil Procedure Law, civil cases of second instance can only be investigated by the court without hearing.
Legal basis: Article 196 of the Criminal Procedure Law. When accepting an appeal or protest case, the people's court of second instance shall conclude the case within one month, but not more than one and a half months at the latest. Under any of the circumstances specified in Article 126 of this Law, it may be extended for another month with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government, but the case of appeal or protest accepted by the Supreme People's Court shall be decided by the Supreme People's Court.
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