The appeal period shall be calculated on the date when the last party signs the judgment. If the defendant's whereabouts are unknown, the notice shall be served on the judgment. Notice period is 60 days, plus 15 days. If there is no appeal, the judgment will take effect. There is also an automatic performance period for the defendant in the judgment, which is generally 10 day. If the defendant fails to perform his obligations within the time limit, the plaintiff shall seek the presiding judge or the clerk to issue a valid certificate when applying for enforcement.
The judgment does not have to be signed by the parties, but it must be served on the parties. The way of service is generally to inform the parties to collect it from the court, or to mail it to the address or residence specified by the parties in the Confirmation of Service Address. If the addressee or his adult family refuses to accept the litigation documents, the addressee shall invite the representatives of relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be deemed to be served with the signatures or seals of the addressee and witnesses. If it cannot be served by lien, it can be served by announcement, that is, posting an announcement on the bulletin board of the court, the original residence of the addressee, or publishing an announcement in a newspaper. 60 days after the date of announcement, it shall be deemed to have been delivered. If the judgment of first instance is served, the appeal period is 15 days from the date of service. /kloc-if no party appeals after 0/5, the judgment will take effect. If either party appeals, the judgment will not take effect. If the judgment of second instance is served, it will take effect as of the date of service.
legal ground
Article 86 of the Civil Procedure Law of People's Republic of China (PRC) * * * If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of relevant grassroots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.
People's Republic of China (PRC) Civil Procedure Law
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have 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 167 After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.