What if the other party is sentenced not to appear in court? Appearing in court refers to the appearance of people related to litigation cases. Explain the parties to the litigation case, such as plaintiff, defendant's defender, witness, agent or lawyer. Go to court. So what if the other party is sentenced to not appear in court?
What if the other party is sentenced and cannot appear in court? What if the defendant is detained and unable to appear in court?
According to the provisions of the Civil Procedure Law, having a clear defendant is one of the conditions for bringing a civil lawsuit. After the people's court files a civil lawsuit, it will send a copy of the indictment to the defendant, who needs to appear in court to hear the case.
If the defendant is detained in criminal detention, the plaintiff can also bring a civil lawsuit, which only involves the jurisdiction of the court. According to the provisions of the Civil Procedure Law, the people's court where the plaintiff is located has jurisdiction to bring a lawsuit against the person who has taken compulsory measures, so the plaintiff can bring a lawsuit to the people's court where he is located.
After the court files a case, it will send a copy of the indictment to the defendant. If the defendant who has been subjected to compulsory measures needs to appear in court after receiving a copy of the indictment, the detention center will arraign the detained person according to the regulations of the detention center, and the guards will lead the armed police to carry out escort work.
Through the above analysis, if the defendant is detained in criminal detention, it will not affect the plaintiff's prosecution, then the plaintiff needs to bring a lawsuit to the people's court where the plaintiff is located. If the conditions are met, the defendant will be escorted by the detention center and the case will be heard in court.
What if the other party is sentenced and cannot appear in court? The defendant failed to appear in court after being summoned and was sentenced by default.
If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court halfway without the permission of the court, he may make a judgment by default.
However, if it is about maintenance, support and maintenance obligations, it is impossible to find out the case without appearing in court. If the defendant refuses to appear in court without justifiable reasons after two summonses, he may summon the defendant.
Under normal circumstances, an agent ad litem shall be entrusted to appear in court on his behalf; If it is really necessary to appear in court, it shall be approved by the public security organ at the same level and go through the relevant formalities; If it is really inappropriate to leave the place, the people's court may go to the detention center for trial.
In civil cases, the defendant has been arrested and the detained criminal suspect has participated in civil proceedings. The reply of the Prison Administration of the Ministry of Public Security on whether detainees involved in civil litigation can appear in court stipulates that:
The detention center shall protect the civil litigation rights of criminal suspects, defendants and criminals in custody (hereinafter referred to as detainees) according to law. However, due to the particularity of detainees, in order not to affect criminal litigation activities and supervision safety, detainees should entrust agents ad litem to appear in court when they need to appear in civil litigation. If a detainee has to appear in court because of a lawsuit involving personal relationship, it shall be approved by the public security organ at the same level, and the criminal suspect and defendant shall go through the formalities of temporary departure from the place with the approval of the case-handling unit, and the judicial police of the people's court shall be responsible for escorting him to custody and returning to the place on the same day. If it is really inappropriate for a detainee to leave the detention center to appear in court because of the case or other special circumstances, the detention center may consult with the people's court and, according to the provisions of Article 12 1 of the Civil Procedure Law of People's Republic of China (PRC), the people's court shall go to the detention center for trial.
What if the other party is sentenced and cannot appear in court? 1. Can the other party be sentenced for not appearing in court?
Unjust enrichment can be sentenced if the other party does not appear in court.
But the other party who does not appear in court here should be distinguished according to the actual situation:
1. If the plaintiff fails to appear in court without justifiable reasons after being summoned according to law, the court will automatically dismiss the prosecution.
2. After being summoned according to law, if the defendant refuses to appear in court without justifiable reasons, the court has the right to forcibly summon or hear the case in absentia according to law. Trial by default will be based on the evidence and statements provided by the plaintiff.
In addition, if you can't appear in court for justified reasons, you need to explain in writing to the court in advance and apply for an extension of the court session.
According to the provisions of Article 143 of the Civil Procedure Law: 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; If the defendant counterclaims, he may make a judgment by default.
According to the provisions of Article 144 of the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Second, the general procedure of ordinary civil litigation
1, sue
(1) meets the conditions for prosecution;
(2) The principle of written prosecution;
(3) write a clear complaint.
Step 2 accept
Court review
3. Pre-trial preparation
(1) Plaintiff: advance the case acceptance fee; Comparative study between the prosecution and the defense; Decide whether to entrust an agent according to your own situation.
(2) Defendant: analyze the indictment and the plaintiff's evidence; Decide whether to entrust an agent according to your own situation; Submit evidence materials within the time limit for defense.
(3) People's court: serving litigation documents; Inform the parties of their litigation rights and obligations and the members of the collegial panel; Determine the scope and duration of the certificate; Investigation and evidence collection; Organizing the parties to exchange evidence; Pre-trial mediation; Issue a notice of hearing.
Step 4 hold court sessions
(1) preparation for trial
(2) court investigation
(3) Court debate
(4) court mediation
(5) Case review and adjudication
5. Handling of special circumstances in litigation
(1) counterclaim
(2) Withdrawing the lawsuit
(3) Default judgment
(4) postpone the trial
(5) Suspension of proceedings
(6) Termination of litigation
6. Civil judgments
(1) civil judgment
(2) Civil adjudication
Third, about the situation of default judgment.
Default judgment refers to a judgment made by a people's court after one party fails to appear in court without reason or withdraws from court without the permission of the court.
According to the provisions of the Civil Procedure Law and the Interpretation on the Application of the Civil Procedure Law, a judgment may be made by default in any of the following circumstances:
1. The defendant has been legally summoned by the people's court, refused to appear in court without justifiable reasons, or left the court halfway without the permission of the court.
2. After the case is accepted, the defendant counterclaims, and the plaintiff refuses to appear in court without justifiable reasons after being summoned by a legal summons of the people's court, or withdraws from court halfway without the permission of the court.
3. The legal representative of the defendant without civil capacity refuses to appear in court without justifiable reasons after being summoned, and has not entrusted an agent ad litem.
4. The plaintiff applied to withdraw the lawsuit, and the people's court ruled not to withdraw the lawsuit. The plaintiff was summoned by the court summons and refused to appear in court without justifiable reasons.
5. The third person who has no independent claim is summoned by the court summons, refuses to appear in court without justifiable reasons, or leaves the court halfway without the permission of the court.