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Is the final judgment of the second instance effective or served?
1. When will the judgment of second instance take effect?
1. The effective time of the second-instance judgment is 15. The effective time of the judgment of civil second instance is within fifteen days from the date of service of the judgment. This means that if you are dissatisfied with the court's ruling within 15 days after placing the order, the court can appeal again, but after 15 days, that is, the appeal period has expired, then the people's court will no longer accept the matter.
2. Legal basis: Article 159th of the Civil Procedure Law of People's Republic of China (PRC).
The people's court shall conclude an appeal case against the judgment within three months from the date of filing the case in the second instance. If there are special circumstances that need to be extended, it must be approved by the president of our hospital.
When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.
Second, to which court to apply for enforcement?
1. The property part of legally effective civil judgments and rulings and criminal judgments and rulings shall be executed by the people's court of first instance or the people's court where the property is executed at the same level as the people's court of first instance;
2. Other legal documents executed by the people's court shall be executed by the people's court where the person subjected to execution has his domicile or where the property subjected to execution is located;
3. If the person subjected to execution or the property subjected to execution is in other places, the local people's court may be entrusted to execute it on his behalf. After receiving the power of attorney, the entrusted people's court must start execution within fifteen days and may not refuse;
4. If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 87 With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail and other means that can confirm receipt, except for judgments, rulings and conciliation statements.
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