1. What if the trial lawyer does not appear in court?
If the lawyer doesn't appear in court, it won't affect him.
People's Republic of China (PRC) Civil Procedure Law
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
Article 145 Before the verdict is pronounced, if the plaintiff applies to withdraw the lawsuit, whether to grant it or not shall be decided by the people's court.
If the people's court decides that the withdrawal of the lawsuit is not allowed, the plaintiff may make a judgment by default if he refuses to appear in court after being summoned by summons without justifiable reasons.
Second, what should I do if the parties in civil litigation fail to appear in court?
According to Article 130 of the Civil Procedure Law, if the defendant refuses to appear in court after being summoned by the people's court without justifiable reasons, he may make a judgment by default. According to the provisions of Article 129 of the Civil Procedure Law, if the plaintiff refuses to appear in court after being summoned by the people's court without justifiable reasons, the prosecution may be dismissed; If the defendant counterclaims, he may make a judgment by default. According to the spirit of Articles 129 and 130 of the Civil Procedure Law, if a legal representative or a third party refuses to appear in court after being summoned by a court summons, they may also make a judgment by default.
Three, the divorce case can not appear in court because the whereabouts of the parties are unknown.
1. Two announcement methods are applicable at the same time. "When the announcement is served, it can be posted on the bulletin board of the court, the original residence of the addressee, or published in a newspaper; If there are special requirements for the delivery method of the announcement, the announcement shall be made in the required way. When the announcement expires, it will be deemed to have been delivered. " In the trial practice, when the notice of divorce case is served by announcement, it can be published in the newspaper and posted on the bulletin board of the plaintiff's and defendant's immediate family residence and the public gathering places such as neighborhood committees and village committees. If the defendant's whereabouts are really unknown, the default judgment will not have adverse consequences; If the plaintiff conceals the truth, the defendant's immediate family and related relatives and friends will find ways to inform the defendant; If the husband and wife artificially create the illusion that one of them is missing, the neighborhood committee, village committee or its creditors of the original defendant's residence can declare the relevant information to the people's court, which can prevent the parties from evading legal investigation by means of fake divorce.
2, clear the lack of proof standards. When hearing the divorce notice case, the plaintiff may be required to submit relevant certification materials issued by grassroots organizations such as neighborhood committees and village committees where the original defendant and his immediate family members live, and combine the plaintiff's statement to comprehensively judge whether the defendant's whereabouts are unknown.
3. Divide the same property carefully. In the current trial practice, there are generally two ways to deal with divorce notice cases: one is to treat both husband and wife as the same property, and award part of the husband and wife's property to the defendant and leave it to the plaintiff for safekeeping. One is to award half of the husband and wife's property to the defendant, but the property belonging to the defendant belongs to the plaintiff after deducting the maintenance. Both approaches have disadvantages. The former protects the legitimate rights and interests of the defendant regardless of the fact that the defendant no longer appears in court, which is not conducive to protecting the legitimate rights and interests of the plaintiff; The latter protects the legitimate rights and interests of the plaintiff, without considering the future situation of the defendant, and damages the legitimate rights and interests of the defendant. Therefore, according to the specific circumstances of different cases, the court should decide that husband and wife will give half of their property to the plaintiff and half to the defendant, and half of the defendant's property will be kept by the plaintiff. Maintenance can be offset by part of the defendant's property according to the amount of maintenance that the defendant should bear.
When a people's court hears a case, if one party refuses to appear in court, it can only ask questions to the other party who appears in court, check the evidence and listen to opinions. To examine and verify the complaint or defense and evidence filed by the party who fails to appear in court, and make a judgment by default according to law when all the facts of the case are ascertained.
Default judgment also has legal effect.
If the parties fail to appear in court, the handling methods include carefully dividing the same property, clarifying the proof standard of missing, and applying two kinds of announcement methods at the same time. If the defendant refuses to appear in court after being summoned by the people's court without justifiable reasons, he may make a judgment by default. If a legal representative refuses to appear in court without justifiable reasons, he may also make a judgment by default.