Handling of defendant's failure to appear in court
The plaintiff's lawyer prepared the following materials before appearing in court:
1, indictment and evidence related to the case;
2. Power of attorney of the parties and lawyer's practice certificate;
3. If the plaintiff is a natural person, the original ID card shall be provided.
If the defendant has signed the court summons, the defendant's absence will not affect the court hearing, and the judgment may be made by default. If the defendant fails to sign the summons or the defendant cannot find it, the court may post a notice in the newspaper or the court bulletin board for service, and it shall be deemed that the defendant has signed it after the expiration.
According to the relevant provisions of the Civil Procedure Law, the default judgment is applicable to the following situations:
1. If the plaintiff fails to appear in court or withdraws in the middle of the court, it shall be treated as withdrawal. If the defendant counterclaims, he may make a judgment by default;
2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court;
3. The court ruled that the lawsuit was not allowed to be withdrawn, and the plaintiff refused to appear in court without justifiable reasons after being summoned by a summons;
4. The legal representative of the defendant who has no capacity for civil conduct refuses to appear in court without justifiable reasons after being summoned;
5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting it. If the debtor still fails to respond to the lawsuit after the expiration of the announcement, and the loan relationship is clear, the judgment may be made by default after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default.
A judgment by default has the same legal effect as a judgment by presence. For the judgment by default, the people's court should also announce and serve the judgment to the absent parties in accordance with legal methods and procedures, so as to ensure that the parties can fully exercise their right of appeal.
A lawyer refers to a practitioner who has passed the national legal professional qualification examination, obtained a lawyer's practice certificate according to law, accepted the entrustment or designation, and provided legal services to the parties. The nature of a lawyer is to provide legal services for the society, and he is a professional legal service worker.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 139 When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the court session. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.
Article 120 Compulsory measures against acts that obstruct civil proceedings must be decided by the people's court. Any unit or individual who illegally detains others or illegally detains others' property to recover debts shall be investigated for criminal responsibility according to law, or be detained or fined.