First, the choice of my appearance in court and the entrusted agent's appearance in court
In civil proceedings, the plaintiff, the defendant or the third party, as the parties to the case, have the right to choose to appear in court in person to participate in the proceedings. However, considering the actual situation such as time, place or other factors, the parties may also entrust a legally qualified agent (such as a lawyer) to appear in court on their behalf. In this case, the agent will conduct litigation activities on behalf of the parties according to their authorization and instructions.
Second, I have to appear in court under certain circumstances.
Although in general, the parties can choose whether to appear in court in person, in some specific cases, the law stipulates that the parties must appear in court in person. For example, in cases involving identity relations (such as divorce cases), because personal feelings and rights are involved, the court may require the parties to appear in court in person to state their opinions. In addition, in some criminal cases, the defendant must also appear in court in person.
Three. Matters needing attention in entrusting an agent to appear in court
When the parties choose to entrust an agent to appear in court, they need to pay attention to the following points. First of all, an agent must have legal qualifications, usually a lawyer with a lawyer's practice license. Secondly, the parties need to provide sufficient authorization and instructions to the agent to ensure that the agent can accurately represent the interests of the parties. Finally, the parties need to supervise and guide the agent's litigation activities to ensure that the agent's behavior conforms to the wishes and interests of the parties.
To sum up:
Whether it is necessary to participate in the litigation in person depends on the specific case type and the requirements of the court. The parties may choose to appear in court in person or entrust an agent to appear in court on their behalf according to the actual situation. In some cases, the law stipulates that the parties must appear in court in person. When the parties choose to entrust an agent to appear in court, they need to pay attention to the legal qualification, authorization and instructions of the agent, and supervise and guide the litigation activities of the agent.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 62 provides that:
If there is an agent ad litem in a divorce case, I should still appear in court unless I can't express my meaning; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court.
Criminal Procedure Law of the People's Republic of China
Article 188 stipulates:
The people's court hears cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties. For cases that are not heard in public, the reasons for not hearing in public shall be announced in court.