What is the usual procedure for the court to hear civil cases?

Courts usually apply the following procedures to hear civil cases:

The procedure of first instance includes ordinary procedure and summary procedure, second instance procedure and trial supervision procedure.

1, the procedure of first instance includes ordinary procedure and summary procedure. Ordinary procedures are aimed at cases with complicated cases, while summary procedures are mainly applicable to cases with simple cases.

(1) According to the provisions of the Civil Procedure Law of People's Republic of China (PRC), cases tried by ordinary procedures shall be concluded within 6 months from the date of filing. If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the higher court for approval.

(2) Cases that apply summary procedure are simple civil cases with clear facts, clear rights and obligations and little controversy.

2. The procedure of second instance (also called appeal procedure or final appeal procedure) is subject to ordinary procedures. The procedure of second instance refers to the litigation procedure caused by the civil litigant who refuses to accept the first-instance judgment or ruling of the local people's courts at all levels and appeals to the people's court at the next higher level during the statutory appeal period. Due to the implementation of the system of two-instance final appeal in China, after the appeal case is tried by the court of second instance, the judgment is final and the proceedings are terminated.

3. The trial supervision procedure is a retrial procedure, and ordinary procedures are applicable. Retrial procedure refers to the procedure that a legally effective judgment, ruling or conciliation statement is retried by a people's court, which is initiated by a legal organ and personnel with the power of trial supervision, or upon the application of a party.

The basic procedure of civil litigation is:

1, the plaintiff sued;

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. If a hearing is decided, the parties concerned shall be notified and announced three days before the hearing;

5. The court investigation stage includes: statements by the parties; Inform witnesses of their rights and obligations, witness to testify in court, and read out the testimony of witnesses who did not appear in court; Produce documentary evidence, physical evidence and audio-visual materials; Read the appraisal conclusion; Read the interrogation record;

6. The court debate includes: the plaintiff and his agent ad litem speak; Defendant and his agent ad litem reply; The third person and his agent ad litem speak or reply; Debate with each other. At the end of the court debate, the presiding judge shall consult the final opinions of all parties in the order of plaintiff, defendant and third party;

7. At the end of the court debate, a judgment shall be made according to law. Mediation can be conducted before the judgment, and mediation can also be conducted; If mediation fails, a judgment shall be made in time;

8. Announcement of judgment.

Legal basis:

Article 160 of the Civil Procedure Law of People's Republic of China (PRC)

The provisions of this chapter shall apply to the trial of simple civil cases with clear facts, clear rights and obligations and little controversy by the grassroots people's courts and the courts dispatched by them.

The basic people's courts and the courts dispatched by them may try civil cases other than those specified in the preceding paragraph, and the parties may also agree to apply summary procedures.

Article 16 1

For simple civil cases, the plaintiff can sue orally.

Both parties may at the same time request the grassroots people's court or the court dispatched by it to resolve the dispute. The basic people's court or the court dispatched by it may hold a hearing immediately or hold another hearing.

Article 17 1

If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.

If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.

Article 205

If the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements of their own courts and think that a retrial is necessary, they shall submit them to the judicial committee for discussion and decision.

The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.

Article 206

If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.