FAMILY LAWYER IN CHINA

FOUCUS ON DIVORCE AND INHERITANCE, 45 OFFICES COVER ALL AREAS OF CHINA

+86 18513817885

How to apply for deferment of trial?

date:2019/11/26 Clicks:85
Deferment of trial means the system of deferment the hearing date when the hearing of a case cannot proceed on schedule or cannot continue due to some special circumstances stipulated by the law.
Article 146 of Civil Procedure Law of the People's Republic of China  stipulated that: “Under any of the following circumstances, the trial may be adjourned:
(1) the parties concerned and other participants in the proceedings required to appear in court fail to do so for justified reasons;
(2) any party concerned makes an extempore application for the withdrawal of a judicial officer; or
(3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, new inspection, or to make a supplementary investigation; or
(4) other circumstances that warrant the adjournment.”
The parties and their legal representatives submit to the people's court an application for deferring the hearing. The application for deferment of hearing shall be accompanied by evidentiary materials that can prove that the applicant has special circumstances stipulated by law and should be deferred, such as proofing that the party is unable to attend court on schedule due to justifiable reasons.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
  • Ask for advice about law of PRC

  • Feel free to contact us using the form below and we will get back to you as soon as possible
FAMILY LAWYER IN CHINA | CALL FOR A CONSULTATION: +86 18513817885 Email: bonbonwo@163.com