If the defendant does not appear in court after receiving the court summons, the court will make a judgment by default.
2. A court session is a process in which the court hears a case in a court or other suitable place after completing the preparatory work before the court session.
The original defendant and the defendant must present evidence to the court at the hearing, and the other party will cross-examine. The court will determine the facts of the case and make a judgment based on the evidence submitted by both parties.
If the defendant does not attend the court hearing after receiving the summons, he will lose the opportunity to give evidence, the right to cross-examine the evidence of the other party and the opportunity to state his own views and reasons.
The court will not punish the defendant for not appearing in court, except in special circumstances where a few parties have to appear in court.
3. Default judgment system is an important civil litigation system in China.
Default judgment is a judgment made by the people's court according to law after only one party appears in court, and only one party appears in court to inquire, check evidence and listen to opinions, and examines and verifies the complaint or defense and evidence filed by the party who did not appear in court.
Default judgment is relative to personal judgment.
A judgment by default has the same legal effect as a judgment by presence.
The system of default judgment plays an important role in protecting citizens' legitimate rights and interests, improving the settlement rate and ensuring the smooth progress of litigation.
4. Article 143 of the Civil Procedure Law stipulates that if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit;
Extended data:
Mode of service of summons
1, direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature. Direct delivery is the most basic mode of delivery.
In other words, everything that can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures.
2. Service by lien means that the addressee refuses to serve the litigation documents unreasonably, and the addressee shall place the litigation documents at the addressee's residence and have the legal effect of service.
3. Entrusted service means that when the people's court in charge of hearing civil cases has difficulty in directly serving litigation documents, it entrusts other people's courts to serve them on its behalf according to law.
Entrusted service and direct service have the same legal effect.
4. Delivery by post means that the people's court sends the documents served to the addressee by registered mail through the post office.
Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly.
5. Transfer service refers to the way that the people's court sends the litigation documents to the unit where the addressee works for collection and then forwards them to the addressee.
There are three cases of delivery: (1) the recipient is a soldier and delivered through the political organs of units above the regiment level; (2) If the person to be served is put in prison, he shall be transferred through his prison or labor reform unit; (3) If the addressee is undergoing reeducation through labor, it shall be transferred through his reeducation through labor unit.
After receiving the litigation documents, the organs and units that transfer them on their behalf must immediately hand them over to the addressee for signature, and the date of delivery shall be the time when the addressee signs on the service receipt.
References:
Baidu Encyclopedia-Call