In civil proceedings, the defendant has hired a lawyer, and the parties may not appear in court. Except for divorce and other cases involving the personal relationship of the parties, the parties must appear in court, and others can be represented by their agents.
According to the provisions of China's civil law, whether to hire a lawyer in civil litigation is voluntary, and there is no mandatory requirement by law. If you hire a lawyer, you can entrust a lawyer with full authority, or you can not appear in court, and of course you can also appear in court. If there is no lawyer, you must appear in court by yourself. There is only one exception, that is, divorce cases. Both parties must appear in court with or without lawyers. If there is no identity relationship involved, the lawyer can be fully represented and the parties may not appear in court. Cases involving personal nature, such as divorce, can only be represented, and the parties need to appear in court.
1. What should I do if the plaintiff and the defendant are not present at the divorce trial?
After entrusting an agent ad litem and issuing a power of attorney, the parties may not appear in court to participate in the trial. Article 62 of the Civil Procedure Law stipulates that if there is an agent ad litem in a divorce case, I shall still appear in court unless I cannot express my will; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court. As can be seen from the above, the Civil Procedure Law has made special arrangements for lawsuits involving identity relations, because personal rights are closely related to the person of the parties, especially marriage relations. If I don't attend the trial, the judge often can't find out the facts of the case on substantive issues such as whether the relationship between husband and wife really breaks down. In order to better protect the legitimate rights and interests of the parties, but also for the smooth progress of trial activities, the law has this setting. So does the law allow exceptions? If the original and defendant in a divorce case are really unable to participate in litigation activities for objective reasons, can they get legal "mercy"? The answer is yes. Article 62 of the Civil Procedure Law stipulates the obligation of the parties involved in divorce proceedings to appear in court, and at the same time allows exceptions, that is, if the parties are unable to appear in court due to special circumstances, they must submit written opinions to the people's court. Legal provisions: Article 62 of the Civil Procedure Law of People's Republic of China (PRC)? 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.
Second, now the plaintiff can sue for divorce directly without going to court?
In general civil litigation, when the agent ad litem appears in court, the parties themselves may not appear in court. However, in accordance with the law or in accordance with the agreement between the two parties, I shall not act as an agent for civil legal acts that should be carried out by me. Divorce is a civil act involving personal status, which must be carried out by both parties to the marriage, and no one else has the right to represent it.
Legal basis:
Article 62 of the Civil Procedure Law of People's Republic of China (PRC)
If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.