If the defendant is absent from the first hearing, whether a second hearing is needed depends on the specific circumstances:
1. If the defendant refuses to appear at the first court session after being summoned by the court according to law, the court may try the defendant in absentia. If the court considers that the facts have been basically ascertained, it may make a direct judgment without a second trial.
2. If the defendant is absent without legal summons, the first court session is invalid. The court needs a second hearing, and the specific time should be arranged by the court according to the situation, which is uncertain.
However, the court has specific provisions on the trial time limit in the trial of cases: cases that are tried by summary procedure should be closed within three months after acceptance; Ordinary litigation should be concluded within six months. Therefore, a second trial will definitely be arranged before the trial deadline.
If the defendant does not appear in court during the trial, he will be tried in absentia. The defendant may keep the written judgment and serve it by announcement, without signing it.
civil code
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
If the defendant is arrested for an economic dispute and the civil case is heard in court, can he be sentenced by default? If the same dispute is investigated for criminal responsibility, it cannot be tried as a civil case.
Otherwise, family members entrust lawyers as defenders of criminal cases, meet with criminal suspects to handle the entrustment procedures of civil cases and represent civil cases in court.
Trial by default, when the judgment is served on the defendant, the defendant requests a new trial. In civil proceedings, the defendant is absent and the people's court tries by default according to law. After receiving the judgment, the defendant has no right to directly request a retrial, but the defendant can appeal or apply for a retrial according to law to safeguard his legitimate rights and interests.
Relevant laws and regulations: 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 199 If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Does it make sense that the defendant does not appear in court, the court does not judge by default, and does not talk about the date of the trial? It is illegal for the defendant not to appear in court, the court not to make a judgment by default, and not to talk about the date of the trial.
Article 144 of the Civil Procedure Law: If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Notice of divorce, if the defendant is absent from the trial, does the judgment need to be announced? If the defendant's whereabouts are still unknown after the verdict is pronounced, it is still necessary to announce the service of the judgment to the defendant.
In other words, it needs to be announced again.
Article 92 of the Civil Procedure Law: If the whereabouts of the addressee is unknown or cannot be served by other means as provided in this section, the service shall be announced. Sixty days after the announcement, it shall be deemed to have been delivered.
Can the defendant in a divorce case be sentenced by default if he does not appear in court? In principle, divorce cases should be tried by both parties in court. If the defendant does refuse to appear in court, he can also be tried in absentia.
civil code
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Generally speaking, lawsuits involving identity relations require the parties to appear in court in person, such as divorce cases. In other words, if the parties to a divorce case do not appear in court, it will be difficult to find out the relevant facts. To this end, the Civil Procedure Law stipulates that if the plaintiff does not appear in court without justifiable reasons, it will be regarded as automatically withdrawing the divorce prosecution; Can the defendant's failure to appear in court be regarded as agreeing to divorce?
The answer is no, in divorce cases, the defendant's refusal to appear in court should depend on the specific circumstances. Generally speaking, according to the provisions of the Civil Procedure Law, if a case that requires the parties to appear in court in person fails to appear in court after more than two formal summonses by the people's court, the people's court may take compulsory measures against it or try it in absentia and make a judgment.
The judgment of trial by default does not mean that the judgment is made in full accordance with the plaintiff's claim, and the court should still hold a trial, but only regard the defendant as giving up the right to cross-examine and debate. In practice, as long as the plaintiff's claims and evidence are not wrong in principle, they will generally be supported.
Therefore, under any circumstances, any citizen should actively respond to the lawsuit and safeguard his legitimate rights and interests. Never think that the other party's prosecution is completely unreasonable, but hold an indifferent attitude, neither explaining to the court nor appearing in court, which eventually leads to a big mistake.
You can judge by default
civil code
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
In one of the two trials, whether the defendant is absent or not depends on the specific circumstances. Some facts must be verified by the defendant and the court will organize a trial. It also depends on whether the defendant has a valid alibi.