China
In the PRC, parties do not have to be represented by a lawyer in order to commence civil proceedings. Generally, a civil lawsuit is commenced by filing a statement of claim. The statement of claim must set out the cause(s) of action and claim(s), and needs to be supported by documentary evidence. The court has seven days to review the statement of claim and its supporting evidence and to decide whether or not to accept the case. Where the case is accepted, the court will serve a copy of the statement of claim on the defendant within five days of accepting and this will constitute giving notice of the claim to the defendant. Generally, where they are domiciled in the PRC, the defendant must file its statement of defense with the court within 15 days of receipt of the notice of the claim. A defendant who has no domicile in the PRC has 30 days to file its statement of defense. Once the defendant has filed their statement of defense, the court will send a copy to the claimant within five days of receiving it.
The court will also set a period for the submission of evidence. During this period:
- all evidence should be submitted;
- the defendant is entitled to file any counterclaim(s) they may have against the claimant, before the end of oral hearing(s); and
- both parties are entitled to submit a written application for an extension of time, provided they do so before the relevant period expires.
After the period for submission of evidence has concluded, an oral court hearing (i.e. a trial) will be scheduled. The timing of the hearing will depend on the court’s workload, and the parties will be given three days’ notice of the hearing. The court hearing usually consists of two parts which are: (i) the investigation of the facts; and (ii) the presentation of arguments. During the investigation of the facts, the parties present their own case and present evidence, including oral evidence given by factual witnesses. The evidence is then cross-examined by the other party and is also examined by the court. The presiding judge will then summarize the issues in dispute and the parties will put forward their respective further arguments on those issues. The law clerk will prepare a transcript of the hearing.
A judgment must be given within six months of the court’s acceptance of the case and can be given at the end of the oral hearing. The time limit to issue the judgment can be extended for six months with the approval of the court’s president, and the court may seek further extensions from a higher court. A simple civil claim to which ordinary procedure applies and in respect of which no extensions are sought is generally resolved within six months of the court’s acceptance of the case.