1. Extension of trial time: As the defense was submitted only at the opening of the court session, the court needed to spend extra time processing documents, which led to the extension of trial time.
2. Increased pressure on lawyers and clients: Before the trial, lawyers and clients need to make full preparations, and submitting the defense before the trial may increase their pressure and affect their performance.
3. Uncertainty of the outcome of the case: Since the defense is only submitted at the court session, the court may need to re-evaluate the case according to this document, resulting in increased uncertainty of the outcome of the case.
What are the contents of the defense?
1, information of both parties;
2. A reply or rebuttal to the plaintiff's claim;
3. factual basis;
4. Relevant evidence;
5. Legal basis;
6, the time of service to the court and the name of the holder.
To sum up, the submission of the defense is strict, and the defense is submitted according to the corresponding time requirements. If the defense is submitted before the hearing, it may lead to the direct consequences of the suspension and postponement of the hearing.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 125
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, 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.