When will the legal fees be paid?

In life, if some civil disputes cannot be settled through negotiation, they can be settled through court proceedings, but generally there are legal fees, which will be charged to the parties. Under special circumstances, they can apply for relief, but it is best to solve it privately. The following is a summary of the relevant knowledge about when the court prosecution fee is paid. Welcome to reading.

1. When will the court prosecution fee be paid?

Generally, the plaintiff who files a lawsuit shall pay the litigation fee in advance within 7 days from the day after receiving the notice of the people's court to pay the litigation fee in advance. In addition, in the case of counterclaim, the case acceptance fee shall be paid within 7 days from the day after the counterclaim is filed by the party concerned; The case acceptance fee for an appeal case shall be paid to the court within 7 days from the date when the appellant appeals to the people's court. If it is really difficult for the parties to pay the court fees during the period of notification to pay the legal fees, they may apply to the people's court for deferment during the prepayment period. If the party concerned fails to pay the acceptance fee and appeal fee in advance and fails to apply for deferring the legal fees, it shall be handled as automatic withdrawal, and the legal fees must be paid on time.

Legal basis:

Article 2 of the Measures for Payment of Litigation Fees

When conducting civil or administrative litigation, the parties concerned shall pay the litigation fees in accordance with these Measures.

Except for the provisions of these Measures that litigation fees may not be paid or exempted.

Two, the parties should pay the court litigation costs include:

1, case acceptance fee. Including the first-instance case acceptance fee, the second-instance case acceptance fee and the partial retrial case acceptance fee. Retrial cases that need to pay the case acceptance fee include: cases where the parties have new evidence enough to overturn the original judgment or ruling, apply to the court for retrial, and the court decides to retry after examination; A case in which the parties have not appealed against the judgment or ruling of the court of first instance, but the judgment or ruling of first instance or the conciliation statement has become legally effective and the court decides to retry after examination.

According to the "Measures for Payment of Litigation Fees", the following four cases do not pay the case acceptance fee:

(1) Cases tried in accordance with special procedures stipulated in the Civil Procedure Law;

(2) Cases that are ruled to be inadmissible, rejected for prosecution and rejected for appeal;

(three) cases that refuse to accept, reject prosecution, jurisdiction objection and appeal ruling;

(4) cases of administrative compensation.

The case of paying the case acceptance fee by half includes: the case is closed through mediation or the parties apply for withdrawal of the case; Apply summary procedure; The defendant filed a counterclaim, and a third party with independent claims related to the case filed a lawsuit. If the court decided to join the trial, the payment would be halved respectively.

2. Application fee. If a party applies to the court for the following matters according to law, it shall pay the application fee:

(1) Apply for enforcement of legally effective judgments, rulings and conciliation statements made by courts, rulings and conciliation statements made by arbitration institutions in accordance with the law, and creditor's rights documents granted by notarization institutions in accordance with the law;

(2) Applying for preservation measures;

(3) applying for a payment order;

(4) applying for publicity;

(five) apply for cancellation of the arbitration award or confirm the validity of the arbitration agreement;

(6) filing for bankruptcy;

(7) Application for maritime injunction, general average, establishment of limitation fund for maritime claims, registration of maritime claims, and reminder of maritime liens;

(eight) to apply for recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions.

3, witnesses, experts, translators, adjusters appear in court on the date specified by the court, transportation, accommodation, living expenses and lost time allowance. This fee is charged by the court in accordance with the standards set by the state. When copying case files and legal documents, the parties concerned shall pay fees to the court according to the actual cost.

The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. In the case of partial victory or partial defeat, the court will decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. * * * If the litigant loses the case, the court will decide the amount of litigation costs borne by the litigant according to the interest relationship between the litigant and the litigation object.

Third, how long will it take for the court to prosecute?

Three months for summary procedure and six months for ordinary procedure. After receiving the complaint, the court shall file a case within seven days if it considers that it meets the conditions for prosecution. After the court files a case, it shall serve a copy of the indictment on the defendant within five days, and the defendant shall submit a defense within fifteen days after receiving the indictment. The people's court shall send a copy to the plaintiff within five days from the date of receiving the reply, followed by the time limit for adducing evidence, and notify the parties three days before the hearing. Generally, the court session is one month after filing the case, depending on the court's schedule. 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.

Every specific case is different. Some announcements that the defendant can't contact will be delivered for several months. Some courts have few cases, and they can open the court soon after filing the case. Some courts have many cases, and the court session is scheduled for two or three months. Some cases can be opened simply once, some have to be opened several times, some have finished the first trial, and some have to be tried again after the first trial, so they are all different.

Litigation is one of the many ways to solve disputes provided by the state. Like some civil disputes in life, they can also be solved through litigation, because compared with other ways to solve disputes, the state must invest various resources for this purpose, and the litigation procedure is more rigorous and standardized, and its cost is higher. The above is about when to pay the court prosecution fee, I hope it will help you.