The term expiry of the term, used in Law, means that the deadline given for the performance of a procedural act is in progress, that is, it is not over yet.
Whenever it is necessary to make a statement in a case, the judge determines the period that the party has to carry out the action.
In legal actions, when consulting the status of the case, it is common to note "waiting for the expiration of the term". This means that the deadline given by the judge has not yet come to an end and that the next procedural move will take place after the deadline.
What happens after the deadline?
Once the deadline is up, the process continues its normal course. The procedural act that will be performed next is variable and will depend on the moment in which the action is found.
Example: if one of the parties added a document to the process, a new deadline will be given for the other party to comment on the documentation.
Term expiration certificate
After the deadline, the Judicial Secretariat in which the lawsuit is being processed issues a
expiry certificate. This document serves to inform the parties and lawyers that the period granted for a given act has expired.The certificate, as well as the other documents relating to the action, is attached to the case file.
Deadline Types
Within a process, several time concessions are made for the fulfillment of different acts that are necessary for the action to proceed.
Most of the judicial deadlines are already defined in the procedural codes, which are the laws that determine the how an action works, such as the Code of Civil Procedure (CPC) and the Code of Criminal Procedure (CPP).
When there is no specific period determined in the law, it is the judge who makes the decision on what is the appropriate time to carry out the act.
Therefore, deadlines can be of two types:
- legal deadlines: these are the deadlines provided for by law.
- court deadlines: are the deadlines that are determined by the judge of the case.
Examples of deadlines
O deadline for the parties it is the granting of time for the plaintiff or the defendant to make a statement in the process. For example: pronouncement on a document or petition that was added to the process by the opposite party.
already the deadline for appeal it occurs when there must be a procedural manifestation about the appeal that was requested by one of the parties.
Main deadlines in the process
The Civil Procedure Code (CPC) defines deadlines for various procedural acts. The main ones are:
- Dispute submission: 15 days
- Amendment to the initial petition: 15 days
- Dispatches: 5 days
- Interlocutory decisions: 10 days
- Sentences: 30 days
Expiration of term in the INSS
In relation to INSS (National Social Security Institute), the term lapse of term is used to refer to the time for which a benefit payment is made.
For example: until the year 2014 the payment of death pension of a spouse or partner was for life, that is, it lasted as long as the partner receiving the benefit was alive. After that date, there was a change in the law and the payment of the pension on death, in some cases, started to be made only for a certain period.
In these situations, where the benefit is only paid for a period and then it is terminated, there is expiration of term or time course.
See also the meanings of Civil Procedural Law it's from procedural assumptions.
