Some lawyers will inform me of the second trial, most of them will serve court summons, and a few will notify me by phone or through the judge in charge of the original trial.
Article 169 A people's court of second instance shall form a collegial panel when trying an appeal case. After reading papers, investigating and asking the parties, if the collegial panel does not present new facts, evidence or reasons, and thinks that it is unnecessary to hold a court session, it may not hold a court session.
The people's court of second instance of the Civil Procedure Law may hear an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
Article 174 The people's court of second instance shall, in handling an appeal case, apply the ordinary procedure of first instance except in accordance with the provisions of this Chapter.
2. Will the court of second instance inform the family members?
If the family members do not participate in the proceedings, the people's court may not notify them. Whether it is a civil case, an administrative case or a criminal case. Family members will not be notified when the court opens a court session, only the parties to the case need to be notified.
The following cases need to notify family members to participate in litigation:
1. It is necessary to inform the person with no capacity for civil conduct or the person with limited capacity for civil conduct that his legal representative participates in the litigation;
2. In a criminal case, if the victim has died and his close relatives file an incidental civil lawsuit, they shall be notified to participate in the lawsuit. The notice time is three days before the trial. According to the provisions of China's Civil Procedure Law, the people's court shall serve a notice of litigation to the people's procuratorate and other litigants other than the parties within a certain time before the court session. It should specify the cause of action, the time and place of the court session, and ask them to attend the court on time for what kind of litigation activities. The notice of hearing shall be delivered at least 3 days before the hearing is held. Before the trial, the court will make an announcement on the court bulletin board, and family members can also pay attention to it. If the summons cannot be served on the party concerned, the notice or announcement shall be served on the family members. When it can be served on the parties, the relatives of the parties will not be notified unless the parties cannot appear in court alone due to special circumstances.
3. Legal basis: Article 136th of the Civil Procedure Law of People's Republic of China (PRC). When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the hearing. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced.
Third, what will happen after the civil case is filed in the second instance?
Provisions on handling civil cases after filing a case of second instance are as follows:
Article 170 of the Civil Procedure Law: Judgment of second instance
After hearing the case, the people's court of second instance shall deal with it according to the following circumstances:
(1) If the facts are clearly ascertained in the original judgment or ruling and the applicable law is correct, the judgment or ruling shall reject the appeal and maintain the original judgment or ruling.
(2) If the original judgment or written order is found to be wrong in fact or applicable law, it shall be revised, revoked or changed according to law.
(3) If the basic facts are unclear in the original judgment, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial, or the judgment shall be revised after the facts are ascertained.
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
The above is about "did a lawyer inform me of the second trial of civil affairs?" From the above, we can know that, legally, the people's court serves the notice of litigation to the people's procuratorate and other litigants other than the parties within a certain period of time before the court session. If you still have questions about the above contents, you can consult a lawyer online.