According to Article 130 of the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after being summoned by the people's court, or withdraws from court without the permission of the court, he may make a judgment by default.
According to the provisions of Article 129 of the Civil Procedure Law, if the plaintiff refuses to appear in court after being summoned by the people's court, or withdraws from court without the permission of the court, it can be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
According to the spirit of Articles 129 and 130 of the Civil Procedure Law, if a legal representative or a third party refuses to appear in court after being summoned by a court summons without justifiable reasons, they may also make a judgment by default.
When a people's court hears a case, if one party refuses to appear in court, it can only ask questions to the other party who appears in court, check the evidence and listen to opinions. To examine and verify the complaint or defense and evidence filed by the party who fails to appear in court, and make a judgment by default according to law when all the facts of the case are ascertained.
Default judgment also has legal effect.
In the course of hearing a case, if the plaintiff is unable to appear in court for some reason, he shall apply to the court for an adjournment as soon as possible. If the court considers the request reasonable, it may decide to postpone the trial and notify the defendant of the postponement; If the court considers the request for postponement unreasonable, it may decide not to postpone the trial and notify the plaintiff. After receiving the notice not to postpone the trial, the plaintiff shall appear in court on time to participate in the proceedings. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by the court summons, it shall be deemed as giving up the claim and dismissing the prosecution according to the application. If the defendant counterclaims, the court may make a judgment by default. ? It is contempt of court for the plaintiff to leave the court without the permission of the court. In order to safeguard the dignity of the law and the authority of the court, if the plaintiff withdraws from the court without the permission of the court, the court can dismiss the lawsuit according to the plaintiff's application, and if the defendant counterclaims, the trial can be held in absentia. ?
Therefore, it is necessary to remind the plaintiff and the defendant that they must participate in the court hearing with a positive attitude, otherwise they may bear adverse legal consequences.
The cost of psychiatrists depends on local conditions. Generally speaking, judicial psychiatric appraisal can only be done by judicial organs (public security, procuratorial organs and courts), and individuals cannot apply for judicial psychiatric appraisal. In 2007, the new standard fee 1200 yuan (the fee standard stipulated by the Municipal Price Bureau). In the process, the judicial organs provided detailed materials about the incident. Then investigate both parties and their families, parties and insiders. Two weeks later, an appraisal certificate will be issued (in special circumstances, in case of incomplete materials, the time is to be determined). If it's a small lawsuit, it's about 600 yuan. Who has consultation in the Intermediate People's Court?
Hello:
If the plaintiff's lawyer is specially authorized in the civil part, it is deemed that the plaintiff has appeared in court. So that the court will not try in absentia. There is no absence in counterclaim.
In psychiatric appraisal, "both parties" refer to the original defendant (including family members).