According to Article 130 of the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after being summoned by the People's Court, or leaves the court midway without permission from the court, a default judgment may be made.
According to the provisions of Article 129 of the Civil Procedure Law, if the plaintiff refuses to appear in court after being summoned by the People's Court, or leaves the court midway without permission of the court, the lawsuit may be dismissed; if the defendant counterclaims, a default judgment may be made.
According to the spirit of Articles 129 and 130 of the Civil Procedure Law, if the legal representative or a third party refuses to appear in court without justifiable reasons after being summoned by the court, a default judgment may be made.
When the People's Court hears a case and one party refuses to appear in court, it can only ask questions to the other party who appears in court, check the evidence, and listen to opinions. Review and verify the indictment or defense and evidence submitted by the party who did not appear in court. If all the facts of the case are ascertained, a default judgment may be made in accordance with the law.
Default judgments also have legal effect.
During the trial of the case, if the plaintiff is unable to appear in court for some reason, he should apply to the court to postpone the trial as soon as possible. If the court considers that the request is reasonable, it may decide to postpone the trial and notify the defendant of the postponement; if the court considers that the request for postponement is unreasonable, it may decide not to postpone the trial and notify the plaintiff. After receiving the notice not to postpone the trial, the plaintiff should appear in court on time to participate in the lawsuit. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by the court, it will be deemed to have given up the claim and the lawsuit will be dismissed upon application. If the defendant counterclaims, the court may make a default judgment. ? A plaintiff is in contempt of court by leaving the court without permission. In order to maintain the dignity of the law and the authority of the court, if the plaintiff leaves the court midway without the court's permission, the court can dismiss the lawsuit based on the plaintiff's application. If the defendant counterclaims, the court can try it in absentia. ?
Therefore, it is necessary to remind plaintiffs and defendants that they must participate in court proceedings with a positive attitude, otherwise they may bear adverse legal consequences.
The cost of a psychiatrist will depend on local conditions. Generally speaking, forensic psychiatric evaluation can only be done by judicial agencies (public security, procuratorate, court), and individuals cannot apply for judicial psychiatric evaluation. The new standard fee in 2007 is 1,200 yuan (the fee standard stipulated by the Municipal Price Bureau). In the process, the judicial authorities provided detailed materials about the incident. Then investigate both parties, their families, parties and insiders. The appraisal certificate will be issued after two weeks (in special circumstances, if the materials are unclear and incomplete, the time is to be determined). If it is a small lawsuit, it will be about 600 yuan for anyone who consults in the Intermediate Court.
If the plaintiff's attorney is specifically authorized in the civil part, the plaintiff is deemed to have appeared in court. This way the court will not try in absentia. There is no question of absence in the counterclaim.
In psychiatric appraisal, "both parties" refer to the plaintiff and defendant (including family members).