Legal provisions on service of legal documents by post

The legal provisions for mailing legal documents are as follows:

1. According to relevant regulations, if it is difficult to deliver litigation documents directly, it can be delivered by the court express mail, and the national postal organ will deliver them on its behalf. Lawyers had better use EMS. Don't use anything to express the company or logistics because of greed and cheapness, because the court will recognize the things of the post office;

2. If the civil litigation documents are served by court express mail, the service method has the same legal effect as the people's court;

3. When a party brings a lawsuit or pleadings, it shall provide or confirm its accurate address for service to the people's court, and fill in the confirmation of the address for service. If the party refuses to provide it, the people's court shall inform him of the adverse consequences of refusing to provide the service address and record it in the record;

4. The contents of the confirmation of the service address shall include the postal code of the service address, the detailed address and contact telephone number of the addressee;

5. If the party concerned refuses to provide his own address for service, and fails to do so after being notified by the people's court, the natural person shall take his domicile or habitual residence as the address for service; A legal person or other organization takes its domicile in industrial and commercial registration or other legal registration as the service address;

6. If the postal service is delivered to the address provided or confirmed by the party concerned, the receipt shall be returned to the people's court within the specified date;

7. If the addressee appoints an agent, the receipt of the appointed agent shall be regarded as the receipt of the addressee himself;

8. The addressee and his/her agent shall specify it in the mail.

The materials and contents of legal documents are as follows:

1, copy of civil complaint, notice of case acceptance, notice of hearing appeal case, notice of responding to the lawsuit, notice of defense, notice of litigation risk, notice of proof, notice of paying (urging) legal fees, summons for court session, notice of appearing in court, notice of informing the parties of the composition of the trial organization, notice of informing the parties of their rights and obligations, notice of changing the trial organization, etc. Except for civil judgments, rulings and conciliation statements.

2. A copy of the criminal appeal, criminal incidental civil appeal, protest, court summons, notice of appearance and other litigation documents other than criminal judgment, ruling, criminal incidental civil judgment and mediation;

3. A copy of the administrative complaint, the notice of accepting the case, the notice of responding to the lawsuit, the defense, the notice of proof, the summons for court session, the notice of appearing in court, the notice of informing the parties of the members of the trial organization, the notice of informing the parties of their rights and obligations, the notice of changing the trial organization and other litigation documents other than the administrative judgment, ruling and mediation;

4. Application for enforcement, notice of acceptance of enforcement case, summons for enforcement, notice of enforcement and other litigation documents except enforcement ruling;

5. Notice of acceptance of state compensation cases, notice of proof, notice of collegiate bench members and other litigation documents except compensation decisions;

6. If the evidential materials submitted by one party to a case need to be exchanged with the other party, they can also be delivered by electronic means;

7. If a party to a case is a legal person, other organization or a party entrusts a lawyer to represent the lawsuit, it shall choose electronic service to receive the court litigation documents. Do not agree to choose the electronic delivery method, only if the parties to the case are natural persons and have sufficient and justified reasons;

8. If the parties to the case have chosen the electronic service method in the confirmation of the service address of the litigation documents, they shall not use other service methods other than the case judgment, conciliation statement or ruling without special reasons;

9. If the special e-mail address of the parties to the case is used as the service address, the special e-mail address of the litigation agent is used as the alternative service address; If the special e-mail address of the litigation agent is used as the service address, the special e-mail address of the parties to the case is used as the alternative address;

10. If the parties to a case or their agents ad litem choose the electronic service method, the special e-mail box provided by the court for them free of charge will be used as their electronic service address, which will remain valid in all procedures such as the first trial, second trial, retrial (including application for retrial and appeal review) and execution of the case, and there is no need to re-fill in the service address of litigation documents for confirmation, and the electronic service address must be specified in the basic information of the parties to the judgment documents of the courts at all levels;

1 1. When filing a case in the first instance, the filing department should actively guide the plaintiff and his agent ad litem to choose electronic service;

12. At any stage of handling a case, if the parties and their agents ad litem have not yet chosen electronic service, the presiding judge, the assistant judge and the clerk shall actively guide them to choose electronic service;

13. The filing personnel and the clerk should accurately enter the electronic service addresses of the parties and their agents ad litem in the comprehensive business system of Guangdong court, and confirm whether the parties choose electronic service;

14. The court electronically serves litigation documents to the parties to the case or their agents ad litem, and sends an electronic service reminder message to their reserved mobile phone number at the same time as sending an email.

To sum up, during the litigation, if the parties to the case or their agents ad litem stop using or change the mobile phone number filled in the confirmation of the service address of litigation documents, they shall promptly notify the court, otherwise they shall bear the possible legal consequences. E-mail is delivered to the special e-mail address of the litigant or his agent ad litem. The time when the e-mail is sent to the special e-mail address of the litigant or his agent ad litem is the delivery time. After the electronic delivery is successful, a service receipt will be automatically generated. The clerk or assistant judge may print the attached volume. If the electronic delivery is unsuccessful or wrong due to network failure or force majeure, the case-handling judge, assistant judge and clerk shall deliver it in time through other legal means. Enable electronic transmission again after troubleshooting or force majeure. The technical services required by the electronic delivery system are provided by the provincial courts.

Legal basis:

Article 229 of the Civil Code of People's Republic of China (PRC)

If the establishment, alteration, transfer or extinction of property rights are caused by the legal documents of the people's court or arbitration institution or the expropriation decision of the people's government, it will take effect from the date when the legal documents or expropriation decision take effect.