legal ground
1, according to the provisions of Article 136th of the Civil Procedure Law:
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.
2. According to the third paragraph of Article 182 of the Criminal Procedure Law, after the people's court determines the date of the court session, it shall notify the people's procuratorate of the time and place of the court session, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the court session. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
Generally, family members will not be notified when a criminal court opens a court session, but if the family members entrust a defender, the court will notify the defender three days before the court session.
According to the Criminal Procedure Law of People's Republic of China (PRC), the provisions are as follows:
1, Article 33 A criminal suspect or defendant may entrust one or two persons as defenders in addition to exercising their right of defense. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs;
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
A person who has been dismissed from public office or has his lawyer's or notary's practice certificate revoked may not act as a defender, except the guardian or near relative of the criminal suspect or defendant.
2. Article 187 After the people's court decides to hold a hearing, it shall determine the members of the collegial panel and serve a copy of the indictment of the people's procuratorate to the defendant and his defender ten days before the hearing.
Before the trial, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to understand the issues related to the trial, such as withdrawal, the list of witnesses appearing in court, and the exclusion of illegal evidence, and listen to opinions.
After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the trial. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
The above activities shall be recorded in the record and signed by the judges and the clerk.
Extended data
Family members understand the hearing in the following ways:
1, service of subpoenas, notices and other litigation documents shall be delivered to the addressee himself; If I am not here, I can give it to his adult family or the person in charge of the unit to collect it.
2. If the addressee himself or his agent refuses to sign or seal, the addressee may invite his neighbors or other witnesses to be present to explain the situation, leave the documents at his residence, and record the reasons for the refusal and the date of delivery on the service receipt. If the addressee signs, it shall be deemed as service.
3. According to Article 466 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC):
When the people's court tries a juvenile criminal case, it shall notify the legal representative of the juvenile defendant to be present for interrogation and trial. If the legal representative is unable to notify, attend the scene or commit a crime, he may also notify other adult relatives of the juvenile defendant, representatives of grass-roots organizations in his school, unit and place of residence or organizations for the protection of minors to attend the scene, and record the relevant information.
Other personnel present may, with the consent of the court, participate in the court education of juvenile defendants in addition to exercising the rights stipulated in the second paragraph of Article 270 of the Criminal Procedure Law. The provisions of the preceding two paragraphs shall apply to the trial of juvenile criminal cases by summary procedure.