When a traffic accident trial is held, the parties involved may not be present in court. Traffic accident litigation is a civil litigation. When the court is held, the parties do not have to be present in court. They can entrust an agent to attend the court hearing.
According to the provisions of Article 58 of the "Civil Procedure Law of the People's Republic of China and the State":
The parties and their legal representatives may entrust one or two people as litigation agents. people.
The following persons may be entrusted as litigation agents:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or employees of the parties concerned Personnel;
(3) Citizens recommended by the community, unit and relevant social groups where the parties are located.
Article 59
When entrusting another person to act as an agent in litigation, a power of attorney signed or sealed by the client shall be submitted to the People's Court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have special authorization from the client if he or she admits, gives up, changes claims, settles, counterclaims or appeals on his behalf.
The power of attorney sent by citizens of the People's Republic of China living overseas and the letters of authorization sent by citizens from abroad must be approved by the **** of the People's Republic of China and the country's consulate in that country. Certification by an embassy or consulate; if there is no embassy or consulate abroad, the certification shall be issued by the embassy or consulate of the People's Republic of China and the embassy or consulate of a third country that has diplomatic relations with the country, and then the certification shall be issued by the embassy or consulate of the People's Republic of China and the country's embassy or consulate in that country. The embassy or consulate of a third country will issue a certificate, or the local patriotic overseas Chinese organization will issue a certificate.
Extended information:
Instructions for court opening:
First, the clerk confirms whether the parties and other litigation participants are present in court and announces court discipline;
Secondly, the presiding judge announces the opening of the trial, checks the parties, announces the cause of the case, announces the list of judges and clerks, informs the parties of their rights and obligations in the litigation, and asks the parties whether they have filed for recusal;
Then, conduct a forensic investigation. The court investigation is conducted in the following order:
(1) Statements of the parties;
(2) Informing witnesses of their rights and obligations, appearing in court to testify, and reading out the testimonies of witnesses who are not present in court.
(3) Present documentary evidence, physical evidence, audio-visual materials and electronic data;
(4) Read out the appraisal opinion;
(5) Read out the investigation transcript. At the same time, with the permission of the court, the parties may ask questions to witnesses, appraisers, and examiners.
Then, the court debate. The court debate is conducted in the following order:
(1) The plaintiff and his attorney speak;
(2) The defendant and his attorney respond;
(3) ) The third party and his agent speak or defend;
(4) Both parties defend each other. After the court debate is over, the presiding judge shall ask both parties for their final opinions in the order of the plaintiff, defendant, and third party.
Finally, comments and verdict. After the court debate or the defendant's final statement, the presiding judge enters the deliberation room to deliberate and make a verdict.
Reference materials: China National People’s Congress website****, "National Civil Procedure Law"-China National People’s Congress website