According to the provisions of the Civil Procedure Law, the plaintiff may entrust a plenipotentiary, but when entrusting a plenipotentiary in some special cases, the parties also need to attend the trial.
People's Republic of China (PRC) Civil Procedure Law
Article 58 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.
Article 62 If there is an agent ad litem in a divorce case, I shall appear in court unless I can't express my feelings. If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
Second, what should an agent ad litem pay attention to?
A good litigation agency order needs the joint maintenance of the court and the parties. First of all, we should know how to form a legal principal-agent relationship. Generally speaking, a complete set of entrustment procedures includes the following materials: a power of attorney signed or sealed by the principal and the agent; Copies of the identity certificates of the client and the agent. If the agent is a lawyer, a letter of confirmation from the law firm should also be provided, and the signatures should be those of the client and the agent. If it does not meet the formalities of entrusting litigation agency, the court shall require the parties to supplement it. In terms of power of attorney, both agents should indicate the power of attorney. If it is "special authorization", such as reconciliation, change and abandonment of litigation claims. The client should specify the authorized matters in the power of attorney, not just "full agency". If the power of attorney is "authorized agent", the people's court will also require the client and agent ad litem to make corrections and clarify the agency authority.
Secondly, citizens should have awareness of law-abiding and prevention, not only aware of the serious consequences of abusing other people's identity documents for false agency, but also aware of the importance of preventing their identity documents from being abused. For ordinary people, we should consciously abide by the order of litigation agency and conduct litigation according to laws and regulations; At the same time, manage your own appraisal materials to prevent some people from using relevant materials to forge litigation agency procedures, infringe on their own rights and interests, achieve personal improper purposes and disrupt social order.
Third, for the court, it is necessary to send a letter of judicial advice to the bar association or the judicial administrative organ to ask the relevant departments to strengthen supervision and management in view of the malicious violations of litigation agents in typical cases; For the purpose of making profits, those who specifically instigate others to litigate, or even forge litigation agency procedures to represent false litigation, thus disrupting the normal litigation order shall be punished according to the specific circumstances in conjunction with the public security, judicial administrative organs, lawyers' associations and other departments to safeguard the legitimate rights and interests of the parties.
3. How long does it take for the plaintiff to sue the defendant to receive the summons?
After filing the case, the defendant shall be served with a summons within 7 days. In real life, how long it takes for the court to receive a summons after filing a case is generally controlled by the court, usually within 10 days to one month. Article 125 of the Civil Procedure Law, the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.
After filing a case, the court should summon the defendant first and then notify the plaintiff. In other words, the court will call the defendant first. If the notice cannot be served by direct service, lien service, entrusted service or mail service, the court will finally serve it by announcement. The service of announcement means that the summons is served by newspaper 60 days after the date of announcement.
The above is the relevant legal knowledge about whether the plaintiff can entrust an attorney to sue. To sum up, if the plaintiff sues and entrusts a lawyer, it can generally be handled by an attorney. If you have any other questions, please feel free to consult, and we will have professional lawyers to answer them for you.