Take Henan Province as an example:
According to the relevant provisions of the Higher People's Court of Henan Province on "the phenomenon of being late for trial should be handled in a standardized way":
If one or both parties cannot appear in court on time, it shall be dealt with in the following circumstances:
1. The plaintiff or defendant fails to arrive at the designated trial place at the time specified in the summons, but is not more than 30 minutes late.
The collegial panel shall ask the plaintiff to truthfully state the reasons for being late. If it is unfair, it shall be reprimanded and allowed to enter the trial area and take a seat at the party's table.
2. The plaintiff did not arrive at the designated trial place according to the time specified in the summons, and did not appear in court for more than 30 minutes.
The collegial panel made the following announcement: "(Explain the plaintiff's failure to appear in court) This court will find out the relevant situation of the plaintiff's failure to appear in court. If there are legitimate reasons stipulated by law, the court will postpone the trial and set another date for the trial. If there is no justifiable reason, according to the provisions of Article 129 of the Civil Procedure Law, the plaintiff will dismiss the prosecution. The specific results will be notified separately. " The above announcement is on record.
3. If the defendant fails to appear in court for more than 30 minutes, the collegial panel may judge the case by default if it considers that it will not affect the trial of the case; If you think that the facts of the case may not be ascertained, you can postpone the trial.
If the defendant appears in court before the end of the trial, the collegial panel shall ask him to state the reasons for being late after finding out the identity of the defendant. The collegial panel decides whether to allow him to appear in court according to the justification and the needs of the case, but admonishes him for not appearing in court on time.
The defendant is allowed to participate in the trial, and the completed court investigation and court debate are generally not resumed unless the collegial panel considers it necessary. If the trial in absentia continues, the defendant may be allowed to appear in court.
4. If the parties fail to appear in court at the time notified by the court, the collegial panel shall postpone the hearing for 30 minutes, and the clerk shall record the situation. If one of the parties appears in court within the extended time, the collegial panel shall announce the opening of the court session and handle it in accordance with the provisions of item 1-3 of the preceding paragraph.
Extended data
Case:
The Higher People's Court of Hainan Province held a press conference to inform that a case represented by a lawyer was ruled by the court on the spot and the appellant automatically withdrew the appeal, and put forward requirements for serious trial discipline and standardized court order in the next step.
According to the notice of the opening session of the Provincial High Court, the case of 10 labor remuneration dispute will be opened in the fourth court of the Provincial High Court at 9:00 am on February 8. At 8: 40, all the members of the collegial panel, the judge's assistant and the clerk of this case had appeared in court, but the appellant's attorney was still unable to appear in court on time after repeated contact with the court.
At 9: 06, the collegial panel deliberated in court and unanimously agreed that this case 10 was automatically withdrawn as the appellant according to the provisions of Articles 143 and 174 of the Civil Procedure Law of People's Republic of China (PRC), and the ruling was announced in court. After the lawyer appeared in court, he apologized for being late for the traffic jam and accepted the court's ruling. At the same time, he will properly follow up the case.
If, after being summoned and notified by the court according to law, the plaintiff and the appellant do not appear in court to participate in the proceedings without justifiable reasons (including not appearing in court on time), both the plaintiff and the appellant will automatically withdraw the prosecution or appeal according to law, and both the defendant and the appellee will be tried in absentia according to law;
For the above reasons, if the parties apply for retrial, the court will not retry. If this happens to the parties themselves, they will bear the adverse consequences. If this happens to the agent ad litem, the parties may claim compensation according to law.
Higher People's Court of Henan Province-The phenomenon of being late for trial should be handled in a standardized way.
People's Daily Online-Hainan High Court ruled that the lawyer was late for the court session and automatically withdrew the appeal.