1. If the defendant does not appear in court, he will usually be tried in absentia, and the judgment will be made directly according to the plaintiff's claim and the evidence submitted.
2. Article 109 of the Civil Procedure Law. The people's court may summon the defendant who must appear in court, and refuses to appear in court without justifiable reasons after two summonses.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.
Second, what is the solution for the defendant without a lawyer to appear in court?
1, select the competent court.
To protect rights through litigation, we must first find out which court the case belongs to.
Civil litigation in China generally follows the principle that the plaintiff is the defendant, so general cases are under the jurisdiction of the court where the defendant is located.
At the level, ordinary cases are generally under the jurisdiction of grass-roots courts (that is, district and county courts).
2. Determine the claim
After defining the jurisdiction of the court, it is necessary to know what kind of request the plaintiff wants the people's court to support and what kind of request he wants to make.
The people's court can only consider whether your claim can be supported by law if it is clear what rights the plaintiff wants to safeguard and what specific requirements it has.
This question is very important and often determines whether your claim can be realized. In layman's terms, that is to say, it determines whether you can win the case.
Therefore, we must seriously consider it clearly and be specific.
Step 3 write a letter of complaint
After clarifying the above problems, what the plaintiff has to do is how to write a high-quality complaint.
Indictment is an indispensable legal document in civil litigation, the fuse of litigation and the carrier of plaintiff's claim. The quality of the complaint also largely determines the final result of the case, which is why many lawyers often charge hundreds of thousands of yuan for a complaint. What to write in the complaint, what not to write, from which angle, how to determine the claim, how to state the facts, what evidence to attach, etc. , have strong skills.
Step 4 get some evidence
With a complaint, you can go to court to file a case. As for how to file a case, what we are paying attention to now is fairness and convenience. According to the request of the judge, all the materials needed for filing a case can be filed.
The crux of the matter is that after the case is filed, evidence must be collected and obtained to support the key litigation request. This is the decisive factor that determines the outcome of the whole lawsuit.
As the saying goes, a lawsuit is evidence. Without evidence, everything is empty talk. The judge has no facts in his eyes, only evidence.
This shows the decisive factor of evidence in the case. It should be pointed out that the plaintiff must collect evidence closely around his own claims and present or submit it according to the requirements of the judge.
5. Attend court proceedings under the guidance of the judge.
After the case is put on file and enters the judicial process, it is like an industrial product entering the production line.
The court must finally deliver a finished product to the plaintiff-a judgment (ruling), which is the result that the plaintiff wants.
As for the process, the plaintiff can do it according to the judge's request. If there are unclear questions, he can ask the judge what to do. The judge dominates the specific litigation procedure, and the judge has the obligation to clarify the relevant procedural issues. The parties only need to do what the judge asks.
6. Waiting for the verdict.
After the trial, the plaintiff only needs to wait for the verdict of the court. After the results come out, the court will serve the relevant results and matters and inform both parties according to law.
What if the defendant refuses to pay compensation in civil proceedings?
In civil litigation, the court has made an effective judgment, and the defendant refuses to perform the payment obligation determined by the effective judgment:
1. The plaintiff may apply to the people's court for enforcement.
2. If the defendant has the ability to perform the payment obligation and refuses to perform it, he will bear criminal responsibility. The crime of refusing to execute a judgment or ruling refers to the act of refusing to execute a judgment or ruling of a people's court if the circumstances are serious.
If you have money after going to jail, you still have to pay compensation.
If the defendant does not appear in court, what consequences or troubles will be brought to the trial of the case, and you can't solve it yourself, you can find a lawyer.