Chapter 219: Summary Procedure (7)
If the time limit for the presentation of evidence is set according to this period, then it is unlikely that the case will be suitable for summary proceedings.
Li Li'e has been a judge for many years, and she immediately understood Huang Yixi's thoughts,
"I can tell you very clearly that the reason why the summary procedure is applied in this case is because Mr. Zhang has provided a diagnosis certificate from the hospital, and Mr. Zhang has terminal cancer and has less than half a year to live, which is his last wish. ”
Huang Yixi opened his mouth and did not answer, wanting to ask when they were so concerned about the people?
Fulfilling dying wishes has always been the goodwill of the people of the whole country.
In cases where the summary procedures are applied, the simplicity of the in-court hearing procedures is mainly manifested in the following aspects:
First, it is not subject to the formalities and time restrictions of notifying the parties before the trial. In ordinary procedures, parties and witnesses must be summoned by summons, and notice must be given three days before the hearing.
In the summary procedure, the court hearing may be conducted immediately after acceptance, without the need to go through the summons formalities, and even if a separate court date is specified, it is not subject to the restriction of the notice in advance, and the parties may be notified or summoned in any appropriate way.
It is indeed frightening to force death, but Huang Yixi did not flinch because of this, she smiled, "Judge Li and the court leaders are only afraid that the plaintiff has little time left, but they don't know, and my client also said that if I am penniless, have no roof on the top, and have no place to stand, her son and daughter-in-law will divorce, and the grandson will have no father or mother, at that time, he and his son and grandson will go to Huangquan together." At that time, it was one life that died, but three or even four lives. ”
If one party can't live, the other party may not be able to live, and more than one person can't live, so it's up to the judge to choose.
Li Li'e stood up and slapped the table resentfully, "Lawyer Huang, you have to correct your attitude, pay attention to your words and deeds, and don't talk nonsense." ”
Huang Yixi also stood up, but she didn't slap the table, "Is there nonsense, you can go and investigate, not long ago, when my client was kicked out of the house by the plaintiff, he wandered in the gossip ditch for a long time, if you hadn't met a well-wisher, you wouldn't have to hold a trial." ”
Li Hongxia has often shown that she doesn't want to live recently, and Huang Yixi doesn't doubt that if Lin Shufang hadn't stopped her at that time, she would have nowhere to go, but she was afraid that her body would have floated in the gossip ditch.
As for whether to investigate or not, Huang Yixi is not afraid at all, no one dares to say that Li Hongxia doesn't want to die, in case she really can't think about it, no one dares to take such a big responsibility, and thanks to Chen Lihua's big mouth, Li Hongxia's suicide has long been publicized in their area.
Thinking of this, Huang Yixi was even more determined, "Compared with four lives and one life that is not available for a few months, who is heavier and who is lighter, Judge Li must be counted." ”
"I tell you very clearly that Mr. Zhang is a person who has contributed to the country, and this matter is the last request he made to the organization, and the boss agreed. ”
Huang Yixi didn't know that there was such a thing, "Who do you mean by "the president, the president, the president, or a senior political and legal official?"
"Whoever it is, this case has been ordered to die, and it must be solved this year. ”
Li Li'e stood up and gave the final notice.
"The court will be in seven days, and it can't be any more. ”
"What about the time limit for proof?"
"At the latest, it's the day of the trial. ”
"Judge Li, you also know that it is not easy to go to the government department, not to mention that I went to ask them to provide evidence to the contrary, even if they are willing to provide it, in case which leader is not there, it will not be able to seal it, but it doesn't matter, if the first trial is not good, there will be a second trial. ”
When Huang Yixi said the last sentence, he also laughed, if they are in a lawsuit, they are most afraid that they will not have time, and now, the only thing they have is time.
Li Li'e glared at Huang Yixi angrily, sparks flashed in her eyes, are you a threat?
Huang Yixi smiled, she was not a threat, she was using a conspiracy, an upright conspiracy.
"So be it, February 3rd. This is enough time for the summary procedure to produce evidence within fifteen days. Li Li'e was the first to turn around, her voice weak.
Article 266:The time limit for presenting evidence in cases applying the simplified procedures is to be determined by the people's courts, and may also be agreed upon by the parties through consultation and approved by the people's courts, but must not exceed 15 days.
Huang Yixi flipped down the perpetual calendar, "Judge Li, February 3 is the twenty-ninth day of the big year, that is, the fifteenth day of the case filing, but unfortunately, the starting date of the time limit for presenting evidence is calculated from the day after the party receives the notice of acceptance of the case and the notice of response, that is, the second day of the case is filed, we can't hold a trial on the 30th day of the Chinese New Year's Eve, besides, why should we be so anxious, can everyone finish the New Year happily?"
"You can submit evidence at the time of the trial, and as for the date of the trial, it will not change again. Li Li'e endured it for a long time, few lawyers dare to bargain with the judge like this, does this lawyer think that she dares to be lawless if she wins first place in the competition now.
"If you don't understand what a summary procedure is, you can go back and flip through the book. ”
Huang Yixi did not understand what summary procedures are, and the court investigation of summary procedures is not subject to the restrictions of the order stipulated in article 124 of the Civil Procedure Law, that is, it is not necessary to be limited by the legal order of court investigation in ordinary procedures, but can arbitrarily choose the order of procedure according to the specific circumstances of the case for the purpose of ascertaining the facts of the case.
It seems that although Zhang Zili hired an unreliable lawyer from other provinces, he has already done a good job in the ideological work of the court or judges.
"What are you thinking about so fascinating? ”
Hearing the sound of the horn, Huang Yixi raised her head blankly, and Shang Luoyu was rolling down the window to look at her.
"Why are you here? How long have you been here, and you still stick your head out to get wet in the rain when it rains, and you are not afraid of getting sick. Huang Yixi hurriedly stepped forward, the Fengjiang District Court was next to the intersection, and he didn't know how long he had been here, and whether he had eaten the ticket.
"When you see the rain, it's coming, and the traffic police won't issue a ticket in the car, do you want to go home? Are you too tired after the court? Why are you in a trance?" Shang Luoyu motioned to Huang Yixi to look at Li Hongxia, who was walking out, and let her get in the car by the way if she wanted to go home.
"No, I'm in a bad mood, I'll go to Zhuang Ting's for some dessert. Huang Yixi glanced at Li Hongxia in disgust, opened the car door and put away the umbrella.
"What's wrong?"
Huang Yixi sighed, I finally understand the old saying now, "There are no two copper plates that don't ring." ”
Shang Luoyu was originally a little reluctant when he heard Zhuang Ting's name, but after listening to Huang Yixi's careful words, he could understand her distress.
"It seems that the court is determined to adjudicate this divorce case before the Chinese New Year. ”
"Who's to say it isn't. Huang Yixi felt that his heart was blocked, so he simply rolled down the window and let the drizzle and cold wind drift in.
"If this is the case, it will be beneficial to Li Hongxia, and if the other party wants to solve it quickly, we have to be willing to cooperate. ”
"That's right. After the car window opened, the depression that was called in alone by Li Li'e during the trial seemed to be blown away by the wind and rain, "As long as we don't agree to mediation, even if the judgment is divorced, won't there be a second trial." ”
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