[Direct answer]Civil litigation generally proceeds through the following stages: filing a lawsuit, case registration, payment of fees, service of a defense, presentation of evidence, court hearings, and issuance of a judgment. To file a lawsuit, the conditions set forth in Article 122 of the Civil Procedure Law must be met. If the conditions are satisfied, the court shall register the case within seven days. Ordinary procedures shall be concluded within six months, and summary procedures within three months. If the party is not satisfied with the judgment of the first instance, they may appeal within 15 days from the date of service of the judgment. Hiring a lawyer is not mandatory. For complex cases, it is recommended to entrust a professional lawyer to represent them.

I. Problem Background and Typical Scenarios

When disputes such as private lending, sales contracts, divorce, and labor disputes enter the court process, parties generally face three questions: how to prepare the materials, how long the process will take, and whether to hire a lawyer. Many parties who are litigating for the first time don't know how to write a lawsuit, which direction to focus on when collecting evidence, or which stages the case will go through, including mediation, court hearings, and judgments. Beijing Henglu Law FirmSpecial servicesDuring their daily consultations, the team found that unclear processes often lead to two types of losses: first, missing the statute of limitations or the deadline for providing evidence; second, improperly designing the litigation claims, which results in the loss of potential legal rights. Understanding the basic process is the first step towards protecting one's rights.

II. Key points of contention

  • Prosecution threshold: The plaintiff must have a direct interest in the case, a clear defendant, specific litigation requests and factual grounds, and the case must fall within the scope of acceptance and jurisdiction of the court. All four conditions are indispensable. The lack of any one of them may lead to the refusal to accept the case or the dismissal of the lawsuit.
  • Procedure selection and cycle: For cases with clear facts, clear rights and obligations, and no major disputes, the summary procedure shall be applied, and the case shall be concluded within three months; the ordinary procedure shall be concluded within six months; and the judgment shall have a 15-day appeal period, and the second-instance trial shall generally be concluded within three months.
  • Is it necessary to hire a lawyer? The law does not require parties to hire a lawyer, but the organization of evidence, the determination of legal relationships, and the design of litigation requests and jurisdiction directly affect the outcome. It is advisable to hire a lawyer for cases with large amounts at stake or complex legal relationships.

III. Professional analysis by Henglue Law Firm

Prosecution stage: Submit a complaint and provide copies according to the number of defendants, stating the parties' information, litigation requests, facts and reasons, and attach identity materials and a list of evidence; civil disputes suitable for mediation may be mediated by the court first, unless the parties refuse. Filing and payment: If the complaint meets the filing conditions, the court shall file the case within seven days and notify the parties. If it does not meet the conditions, the court shall issue a ruling of non-acceptance within seven days, and the plaintiff may appeal; after filing the case, the parties shall pay the case acceptance fee in accordance with the "Method of Payment of Litigation Fees", and the fee for property cases shall be paid in stages according to the amount of the dispute. Pre-trial stage: The court shall serve the defendant with a copy of the complaint within five days from the date of filing the case, and the defendant shall submit a defense statement within 15 days; then the court shall determine the time limit for providing evidence and notify the parties three days before the trial. Trial stage: The court shall conduct court investigation, court debate and final statement in turn, and the court may organize mediation. The mediation agreement shall have legal effect upon being signed and received by both parties. Judgment and appeal: An appeal may be lodged within 15 days from the date of delivery of the first-instance judgment, and the second-instance court shall generally conclude the case within three months. Enforcement stage: If the other party fails to perform the effective judgment within the time limit, the party may apply for compulsory enforcement within two years and realize the creditor's rights by means of freezing and seizing accounts, seizing and auctioning property, etc. For referenceCreditor's rights and debts, and enforcementServices. Contractual disputes between enterprises also involve professional issues such as the chain of evidence and the adjustment of the penalty clause, which can be referred to for reference.Business and contract disputes in enterprisesService.

IV. Practical suggestions and legal basis

The main basis is the Civil Procedure Law of the People's Republic of China (amended in 2021): Article 122 stipulates the four conditions for filing a lawsuit; Article 126 stipulates that those who meet the conditions for filing a lawsuit shall have their cases registered within seven days; Article 128 stipulates that within five days from the date of registration, the defendant shall be served with a copy of the complaint, and the defendant shall submit a defense statement within 15 days; Article 139 stipulates that the parties shall be notified three days before the trial; Article 152 stipulates that ordinary procedures shall be concluded within six months from the date of registration; Article 164 stipulates that summary procedures shall be concluded within three months; Article 171 stipulates that if the party is not satisfied with the first-instance judgment, he/she may appeal within 15 days from the date of receipt of the judgment; Article 183 stipulates that the appellate court shall conclude the appeal case within three months. Article 13 of the "Measures for the Payment of Litigation Fees" stipulates that the acceptance fee for a case shall be paid in proportion to the amount of the property case or according to the number of non-property cases, and Article 22 stipulates that the plaintiff shall pay the fee within seven days from the day after receiving the notice of payment. Practical suggestions: Before suing, first fix the core evidence such as the loan contract, transfer vouchers, and chat records; pay attention to the three-year ordinary statute of limitations; and comprehensively consider the cost and execution convenience when choosing the jurisdiction court.

5. Henglue Law Firm's Reminder

Whether to hire a lawyer can be judged from three aspects: the complexity of the case, the completeness of the evidence, and the size of the disputed subject matter. For cases with small amounts and clear facts, it is entirely feasible for the parties to litigate on their own, and they can use the court's litigation service windows and online filing channels. However, for cases with intertwined legal relationships and opponents with litigation experience, professional lawyers often provide far more value than the cost itself in terms of evidence sorting, controlling procedural deadlines, and mediation negotiations. Whether or not a lawyer is hired, it is necessary to file a lawsuit on time, provide evidence on time, and appear in court on time. Absence or delay will result in unfavorable consequences. For more common legal issues, please refer to the relevant materials.Beijing Henglu Law FirmOfficial website.

Q1: What materials do I need to prepare to file a lawsuit in court?

The basic materials include four categories: First, the civil complaint, with copies submitted according to the number of defendants, stating the information of the plaintiff and defendant, the claims, and the facts and reasons; Second, the main materials, including the copy of the ID card for natural persons and the business license and the identity certificate of the legal representative for companies; Third, the evidence materials, such as contracts, IOUs, transfer certificates, chat records, etc., and the compilation of the evidence list; Fourth, the jurisdiction materials, such as the proof of the defendant's residence or the basis of the contract performance. If it is difficult to write the complaint, the plaintiff can file a verbal complaint, and the court will record it in a transcript. Having all the materials ready can significantly shorten the time for case registration. It is recommended to consult a professional before filing the complaint to verify the jurisdiction and the claims.

Q2: How long does it take for the court to file a case and hold a hearing after the complaint is submitted?

According to Article 126 of the Civil Procedure Law, where the suit meets the conditions for filing, the court shall register the case within seven days and notify the parties; where the conditions are not met, the court shall issue a ruling on refusal to accept the case within seven days, and the plaintiff may appeal against the ruling. After the case is registered, the court shall serve the defendant with a copy of the complaint within five days, and the defendant shall file a defense within 15 days. Subsequently, the court shall set a period for providing evidence that is not less than the statutory requirements and notify the parties three days before the court hearing. Therefore, from the submission of materials to the court hearing, it usually takes one to two months. Specifically, the period will be significantly extended due to the difficulty of service, the type of case, and the court's scheduling. If the defendant's whereabouts are unknown, the period for public notice service will be significantly extended.

Q3: How long does it take to issue a judgment in the first instance of a civil lawsuit?

According to Article 152 of the Civil Procedure Law, cases tried under the ordinary procedure shall be concluded within six months from the date of registration, and the time limit may be extended with approval under special circumstances; Article 164 stipulates that cases under the summary procedure shall be concluded within three months from the date of registration. The type of procedure to be applied shall be determined by the court based on the circumstances of the case. Cases with clear facts and little disputes often use the summary procedure. It should be noted that periods such as appraisal, evaluation, and announcement of service are generally not included in the time limit for trial, so the actual time period may be longer than the statutory time limit. Parties can shorten the process by promptly supplementing materials, cooperating with service, and actively mediating.

Q4: Can I handle a lawsuit without hiring a lawyer?

Yes. The law does not stipulate that civil litigation must be entrusted to a lawyer. Parties can fully file lawsuits, present evidence, and attend court hearings on their own. Litigation service centers and online platforms at all levels of courts also provide convenience for self-litigation. Self-litigation is suitable for cases with clear facts, small amounts, and complete evidence. However, in cases involving company equity, construction projects, complex marital property, or where the other party has already entrusted a lawyer to oppose the litigation, the rules of evidence and procedural techniques will significantly affect the outcome. It is recommended to at least seek professional consultation first to assess the probability of winning the case and the shortcomings in providing evidence. You can also apply for legal aid or entrust a citizen agent as a transitional solution.

Q5: What should I do if the other party still refuses to pay after the judgment takes effect?

You can apply to the court for enforcement. The period for applying for enforcement is two years, starting from the last day of the performance period specified in the legal document. After the case is registered for enforcement, the court can inquire into, freeze, and transfer the debtor's deposits, seize and auction real estate and vehicles, restrict high-consumption and add the debtor to the list of dishonest people. If the other party has the ability to enforce but refuses to do so, and the circumstances are serious, it may also constitute the crime of refusing to enforce judgments and rulings. It is recommended to apply for property preservation to lock in the clues to the debtor's property during the litigation stage, apply for enforcement as soon as possible after the judgment takes effect, and report to the court and provide clues if you find that the other party has transferred the property.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Specialised services - legal services·Beijing Henglu Law Firm