The "Provisions of the Supreme People's Court on Strictly Regulating the Extension of Trial Deadlines and Court Hearings for Civil and Commercial Cases" was passed at the 1737th meeting of the Judicial Committee of the Supreme People's Court on April 23, 2018, and is hereby promulgated. It shall come into effect on April 26, 2018.


Fa Shi [2018] No. 9

Provisions of the Supreme People's Court on Strictly Regulating the Extension of Trial Deadlines and Court Sessions for Civil and Commercial Cases

(Passed at the 1737th meeting of the Judicial Committee of the Supreme People's Court on April 23, 2018, and implemented from April 26, 2018)

In order to safeguard the legitimate rights and interests of litigants, in accordance with the Civil Procedure Law of the People's Republic of China and other regulations, and based on the actual trial situation, the relevant issues regarding the extension of the trial period and the postponement of court hearings for civil and commercial cases are now stipulated as follows.


Article 1: When people's courts hear civil and commercial cases, they shall strictly comply with the provisions of laws and judicial interpretations regarding trial time limits. The trial period for first instance cases that are subject to ordinary procedures is six months; The trial period for first instance cases subject to summary procedures is three months. The trial period for appeal cases against judgments is three months; The time limit for hearing appeals against rulings is thirty days.


If there are special circumstances stipulated by law that require an extension of the trial period, the sole judge or collegiate bench shall submit an application to the president of this court fifteen days before the expiration of the period, and explain the detailed situation and reasons. The dean should make a decision five days before the deadline expires.


If the case cannot be concluded after the extension of the trial period approved by the President of this court, and it is necessary to extend it again, it shall be submitted to the higher-level people's court for approval fifteen days before the expiration of the period. The superior people's court shall make a decision five days before the expiration of the trial period.


Article 2: If a people's court deems it necessary to hold another court session after hearing a civil or commercial case, it shall inform the parties of the next court session time in accordance with the law. The interval between two court hearings shall not exceed one month, except in cases of force majeure or with the consent of the parties involved.


Article 3: If a sole judge or a collegial panel decides to postpone the hearing in accordance with the provisions of Article 146, Paragraph 4 of the Civil Procedure Law, it shall be submitted to the President of this court for approval.


Article 4: The people's court shall, in accordance with the Provisions of the Supreme People's Court on the Disclosure of Trial Process Information by the People's Court through the Internet, timely disclose the case filing time, trial period, deduction, extension, recalculation of trial time limit, and the circumstances and reasons for postponing the hearing to the parties and their legal representatives and agents ad litem. If the parties and their legal representatives or litigation agents have objections, they may apply for supervision to the court that accepts the case in accordance with the law.


Article 5: Those who intentionally violate laws, trial discipline, and trial management regulations by delaying the handling of cases, or who delay the handling of cases due to negligence, resulting in serious consequences, shall be punished in accordance with Article 47 of the Regulations on the Disciplinary Actions of People's Court Staff.


Article 6: These regulations shall come into effect on April 26, 2018; If the judicial interpretations and normative documents previously issued by the Supreme People's Court are inconsistent with these regulations, these regulations shall prevail.