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How soon can I receive a subpoena after the court files a case?
1. The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.
2. After the court files a case, it shall notify the defendant first and then the plaintiff. In other words, the court first notified the defendant by phone. If the notice cannot be served by direct service, lien service, entrusted service or mail service, and none of the above methods can be served, the summons will be served by announcement. The service of announcement means that the summons is served by newspaper 60 days after the date of announcement.
3. The time limit for hearing a case is stipulated by law, and the summons is issued within the time limit. The summary procedure takes three months, and the ordinary procedure takes six months, so the longest period cannot exceed this period.
What are the basic conditions for the court to file a case?
The basic condition for the court to file a case is to meet the requirements of prosecution, namely:
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.
In a case of private prosecution in criminal proceedings, if the victim directly brings a suit in a people's court or the victim dies or loses his capacity for conduct, the people's court where the victim's legal representative or close relatives bring a suit in a people's court shall accept the case according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 115th of the Civil Procedure Law of People's Republic of China (PRC).
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The written defense shall record the name, sex, age, nationality, occupation, work unit, domicile and contact information of the defendant, the name and domicile of the legal person or other organization, and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
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