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Limitation period of court short message service documents

According to Article 7 of the Decision of the NPC Standing Committee on Amending the Civil Procedure Law of People's Republic of China (PRC), Article 92 is changed to Article 95, and the first paragraph is amended as: "If the whereabouts of the addressee are unknown or cannot be served by other means specified in this section, the notice shall be served. Thirty days after the announcement, it shall be deemed to have been delivered. "

From June 65438+1 October1day, 2022, the service period of the announcement is 30 days.

Article 95 of the Civil Procedure Law in force in People's Republic of China (PRC) (effective as of May 4, 2022) If the whereabouts of the addressee is unknown, or it cannot be served by other means as specified in this section, it shall be served by public announcement. Thirty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file.

It should be noted that the Civil Procedure Law previously stipulated that the time limit for delivery of the announcement was 60 days, so the time limit for delivery of the announcement was 1, 60 days before 2022.

Article 92 of the original Civil Procedure Law stipulates that if the whereabouts of the addressee are unknown or cannot be served by other means specified in this section, the notice shall be served. Sixty days after the announcement, it shall be deemed to have been delivered. When the announcement is served, the reasons and process shall be recorded in the file.

The service period of the above announcement will have an impact on the appeal or retrial of the parties. If the announcement is served on the judgment or ruling of first instance, the parties concerned have the right to appeal within 15 days after the service takes effect. If the announcement is served on the judgment or ruling of the second instance, according to Article 212 of the Civil Procedure Law, the parties concerned shall apply for retrial within six months after the judgment or ruling becomes legally effective.