Joke Collection Website - Blessing messages - What do you mean by applying for retrial and receiving the case closed?
What do you mean by applying for retrial and receiving the case closed?
First, can I sue again after the adjustment?
After the adjustment, no prosecution can be made. When the court mediates a case, after the two parties sign a mediation agreement, the court will issue a mediation book as a sign of closing the case. Civil conciliation statement refers to a legal document that the people's court urges the parties to reach an agreement through mediation on the basis of finding out the facts and distinguishing right from wrong in the process of trying civil cases on a voluntary and legal basis. If the defendant fails to perform the obligations specified in the conciliation statement, the plaintiff may apply to the court for compulsory execution, and the conciliation statement has the same legal effect as the judgment.
Second, it will take a few days for the car accident court to get the verdict.
The law does not stipulate how long it will take for the court to make a judgment after the trial. However, according to the law, if the court adopts a summary procedure (the case is simple and controversial), it must be served on the other party within 5 days after filing the case, giving the other party a defense period of 15 days. After the expiration, the court can hold a court session and close the case within 3 months; If the court adopts ordinary procedures to hear a case (the case is complicated and controversial, or the subject matter of the case is controversial and the case has a wide impact), it must be served on the other party within 5 days after the case is filed, giving the other party a defense period of 15 days and a proof period of 30 days (the defense period can cover 15 days). After the expiration of the time limit for adducing evidence, the court may hold a court session and close the case within six months. If the case is particularly complicated, you can apply to the president of our hospital for an extension of 6 days.
3. What is the procedure for remanding for retrial?
A case sent back for retrial should have a new case number.
The emergence of retrial cases is the result of the court of second instance supervising the first-instance cases according to law, and it is also the process of sending the invalid judgment of the first-instance cases back for retrial. Whether the case in the original trial is closed depends on whether the procedure is ended, not whether the judgment document is effective. The case remanded for retrial has been closed in the trial proceedings. Therefore, the case sent back for retrial should be re-filed, and given a new number according to the new case. The new number, including the year and serial number, should be decided according to the time when the case is sent back for retrial and the order in which the case is accepted by the filing court. As for the process of retrial, it does not need to be reflected in the case number, but can be reflected in the closing documents of retrial.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 149 A case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.
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