Question 21: In a divorce case, is it true that the plaintiff has the right to supplement lawsuit claims at any time? Is there any statute of limitations for supplementing such lawsuit claim of the plaintiff?

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In general principles, the spouses are entitled to change and supplement their requests during the Court’s settlement of the case and be carried out before the Court opens the trial and during the trial. However, the change or addition of the spouse’s request is not always accepted by the Court. In Section 7, Part IV of Official Dispatch No. 01/2017/GĐ-TANDTC dated 7 April 2017 of the Supreme People’s Court, answering a number of technical issues of the Court, as follows: “The Court accepts the plaintiff’s modifications or additions of a request to lawsuit petition if such change(s) or addition(s) is made before the opening of the meetings for checking the handover, access and disclosure of evidence and mediating. At the meetings for checking the handover of, access to and disclosure of evidence and mediating, the Court shall accept the litigants’ change(s) of the lawsuit petition only if such change(s) of their request does not exceed the the scope of the original petition”.

Therefore, if the spouses change or supplement the request before the opening of the meetings for checking the handover, access to and disclosure of evidence and mediating, the Court will accept it. If the spouses change or supplement the request after the opening of the meetings for checking the handover, access to and disclosure of evidence and mediating at the trial, the Court will only accept when the change or addition to their request does not exceed the scope of the original petition filed in the lawsuit petition.

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