1. Can the defendant postpone the trial?
The defendant himself cannot postpone the trial. He can postpone the trial if it is in line with the law, but it is up to the court to decide whether to postpone it.
Article 146 of the Civil Procedure Law The trial may be postponed under any of the following circumstances:
(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. What are the provisions of the law on the court session time?
After filing a case, the court will serve the defendant's legal documents, and under normal circumstances, the defendant will be given a one-month proof period. In other words, it will take at least one month from filing a case to trial.
First of all, you should ensure that the contact information left is smooth, so that the court notice can inform you in time.
Secondly, after the court files a case, it will serve legal documents on the defendant. If the defendant's address is not detailed enough when you file a lawsuit, or the defendant can't be found, the case will be suspended.
Finally, go to the court in person to inquire about the handling of the case.
Third, the court filing procedure
(a) filing hall workflow:
The first step is to submit the prosecution materials to the judge for review, and then transfer them to the clerk after being reviewed by the judge's annotation and processing instructions;
Step 2, according to the arrangement of the clerk, pay the legal fees at the payment window with the payment notice;
The third step is to go through the filing formalities at the original clerk's window with the payment receipt, and get the acceptance notice, proof notice, summons and other materials. The process of filing a case is basically the same as the above steps.
(2) materials required for prosecution (all materials are provided in A4 paper format)
(1) The prosecution of civil and administrative litigation cases shall provide:
1 Civil and administrative complaints, which shall indicate the contact numbers or methods of both parties;
② If the plaintiff is an individual, a copy of the ID card is required; If the plaintiff is a unit, a copy of the business license and the identity certificate of the legal representative shall be provided (ID card or original business license shall be provided for verification);
3. One copy of prosecution evidence (one copy is provided according to the number of defendants), and the prosecution evidence is registered as a list of evidence (one copy is also provided according to the number of defendants);
4 according to the number of defendants and third parties to provide a copy of the prosecution evidence and a copy of the evidence list. Among them, divorce cases must provide: 1 marriage certificate, copy of marriage application or proof of de facto marriage relationship;
2
List of disputed property to be divided by the court (including personal property and joint property of husband and wife). Among them, administrative litigation cases must provide: relevant evidence to prove the specific administrative behavior of the defendant, and if the defendant is accused of inaction, it must prove that the plaintiff has complained or applied to the defendant.
(2) Execution filing shall provide: 1 application for execution;
Two copies of the effective legal documents according to which it is executed;
3. The closing contact sheet and other materials filled out by the presiding judge to prove that the legal documents have come into effect (the case mediation does not need to provide the closing contact sheet);
4. The Application for Requesting Compulsory Measures and the Application for Requesting Investigation of the Property of the Executed Person can be filled in together.
(3) The registration of payment orders shall stipulate:
1 Payment instruction application;
A copy of the applicant's ID card (if the applicant is an organization, a copy of the business license and the identity certificate of the legal representative shall be provided);
3. The identity certificate of the respondent;
List of evidence and original evidence;
(4) The public notice shall provide: an application for public notice;
A copy of the applicant's ID card (if the applicant is an organization, a copy of the business license and the identity certificate of the legal representative shall be provided);
Relevant evidence materials.
During the trial of a civil case, if the parties have no time to entrust a lawyer to handle related matters, they must appear in court. Therefore, for civil dispute cases, people who have legitimate interests and cannot appear in court may request the judicial organs to postpone the hearing. As long as the reasons are reasonable, the application will generally pass.