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How long can I inform the defendant after filing a public prosecution?
After the court files a case, the defendant will usually be summoned. After the court files a case, it will first summon the defendant to the court to sign for the responding materials. If the defendant cannot be contacted, the court will generally mail the litigation materials to the defendant's domicile. The service period of the announcement is 2 months.
If the materials informing the defendant cannot be delivered to the defendant, they need to be delivered by announcement. According to the different application procedures of the case, the time to inform the defendant is different. In summary procedure cases, the defendant is notified within 3 months; In ordinary procedural cases, the defendant is informed within six months. The plaintiff may also consult the court clerk. 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 civil procedure is as follows:
1. The plaintiff submits identity information, complaint, evidence and other relevant materials to the court with jurisdiction to file a lawsuit;
2. The court will serve a copy of the indictment on the defendant after accepting it;
3. The defendant submits the defense within fifteen days, and the court will serve a copy of the defense to the plaintiff within five days. If the defendant fails to submit the defense, it will not affect the trial;
4. Listening;
5, mediation, mediation fails, it should be timely judgment;
6. Announcement of judgment.
The summary procedure of civil cases of first instance will be concluded within three months, and the ordinary procedure will be concluded within six months. Before the trial, the defendant shall be served with a copy of the complaint, a notice of proof, a court summons and other relevant legal documents, and the other party shall be given the time limit for proof and the time for defense. If the defendant cannot be served directly or by mail, it needs to be published in the newspaper, and the court session will be extended for another two to three months.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 125 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 receiving the indictment. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; 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. Article 164 When a people's court tries a case by summary procedure, it shall conclude the case within three months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for one month with the approval of the president of our hospital.
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