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How many days' notice do I need to apply for retrial?
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 39 The people's court shall try civil cases of first instance and be composed of judges, jurors or judges. The number of members of the collegial panel must be odd. Civil cases that are tried by summary procedure shall be tried by a judge alone. Jurors enjoy the same rights and obligations as judges when performing their duties as jurors.
Article 40 In trying civil cases of second instance, the people's court consists of a collegial panel of judges. The number of members of the collegial panel must be odd. For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance. If the retrial case was originally the first instance, a collegial panel shall be formed separately according to the procedure of first instance; If the case was originally a case of second instance or brought a lawsuit to a higher people's court, a collegial panel shall be formed separately in accordance with the procedure of second instance.
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