When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file 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. The people's court of second instance shall form a collegial panel when hearing an appeal case.
According to the Civil Procedure Law of People's Republic of China (PRC)
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.
Article 169 A people's court of second instance shall form a collegial panel when trying an appeal case. After reading papers, investigating and asking the parties, if the collegial panel does not present new facts, evidence or reasons, and thinks that it is unnecessary to hold a court session, it may not hold a court session.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.