1. What should the lawyer do if the plaintiff does not appear in court?
If the plaintiff is not at the trial site, the lawyer can completely continue the trial. If the plaintiff is not present at the hearing, the prosecution may be dismissed if it is not approved, and a decision to postpone the hearing may be made if necessary.
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.
In any of the following circumstances, the hearing may be postponed:
(a) the parties who must appear in court and other participants in the proceedings have justified reasons for not appearing in court;
(2) The party concerned temporarily applies for withdrawal;
(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;
(4) Other circumstances that should be postponed.
2. Can the plaintiff not appear in court?
Not out of court. Relevant laws and regulations are as follows:
The parties and legal representatives may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
The entrusted agent may be one person or more than two persons. The former is called "single agent" or "one-person agent", and the latter is called "* * * same agent". * * * When acting as an agent, the power of attorney shall specify the agency authority of each entrusted agent, so as to prevent the entrusted agent from having the right to resign at any time, but it shall promptly notify the principal, that is, the principal and relevant parties, otherwise the losses caused thereby shall be borne by the entrusted agent. The entrusted agent shall exercise the agency right correctly and reasonably, and shall not abuse the agency right to harm the interests of the principal. The entrusted agent has the right to express his will independently within the scope of agency authority. The entrusted agent shall personally complete the entrusted matters, and shall not delegate them without authorization except in case of emergency.
The parties may not appear in court, but they shall entrust their relatives and friends as agents ad litem. When an agent appears in court, it shall be deemed that the party concerned has appeared in court, and he shall submit the power of attorney and other relevant materials to the court: citizens recommended by the community and unit where the party concerned belongs shall submit their identity documents, recommendation materials and proof materials that the party concerned belongs to the community and unit.
In our real life, at present, both parties can entrust agents ad litem to solve disputes through litigation, and it is also possible for the plaintiff not to participate in litigation activities after entrusting agents ad litem, because there are already entrusted agents ad litem who can completely handle related litigation matters, so it is possible to continue the trial.