Not all deadlines have the same consequence

In civil proceedings, different time limits apply: the prescription period under substantive law for actions, procedural time limits for applications and defenses, appeal time limits, and time limits established by the court. The effect depends on the applicable rule, the time from which the time limit begins, and the omitted action. A delay does not automatically close any case.

The prescription of the right to action

The general statute of limitations is three years, unless the law provides for a different term. For some rights, there are special terms or exceptions, and the beginning of the statute of limitations is determined according to the nature of the right and the rules of the Civil Code. In principle, the statute of limitations is not applied ex officio by the court; the interested party must invoke it under the law and within the procedural time allowed. If it is admitted, the claim may be dismissed as statute of limitations. Check separately the cause, the suspension or interruption of the statute of limitations and any special rules.

Procedural terms and defenses

Some exceptions and defenses must be formulated at the beginning of the process; others can be invoked later or even by the court, depending on their nature and the legal provision. For example, the lack of jurisdiction in matters of public order is verified and invoked according to the rules and moments provided by the Code of Civil Procedure. Not all exceptions are lost through the same omission. Read the received documents and check the exact term indicated.

The appeal period is, as a rule, 30 days from the notification of the decision, unless the law states otherwise. There are procedures with shorter deadlines or special rules; the date of notification and the calculation method matter. If the decision was rendered in a special matter, check the device and the relevant law without assuming that the general deadline applies.

Regularization of the request and the stamp fee

If the summons to court does not meet certain requirements, the court will communicate the deficiencies and grant the deadline for completion, which is no longer than 10 days from the receipt of the communication, under penalty of cancellation if the obligations are not met. In the case of the court fee, the court will indicate the amount and the deadline according to the law. Cancellation does not automatically occur in case of any error; the regularization procedure follows and there is, in the cases provided for, the possibility of requesting a review.

What to do when you receive a court order

  • records the date of receipt and keeps the envelope, the confirmation or proof of communication;
  • identifies the exact term and the action requested by the court;
  • checks the calculation rules, including non-working days and the method of deposit;
  • request legal help immediately if the deadline is short or you do not understand the consequences;
  • keep the proof of submission and a copy of the documents submitted.

Legislative sources

The information is general. The applicable term depends on the subject matter of the case, the special law and the communication acts; check the specific situation before taking action.