It is not necessary to sign for the court summons in person. If I am not present, I will hand it over to the adult family member living with him to sign for it. If the person to be served has a litigation agent, I can hand it over to his agent to sign for it. If the recipient has appointed a collector to the people's court, the recipient shall sign for receipt. The date signed on the delivery receipt is the date of delivery. Direct service, also known as delivery service, refers to the service method in which the people's court appoints a special person to deliver the litigation documents directly to the recipient for signature. Direct delivery is the most basic of delivery methods. That is to say, anything that can be served directly should be served directly to avoid delaying the litigation and ensure the smooth progress of the litigation process.
1. The methods for the court to serve summons are:
1. Direct service: The judicial officers and clerks of the court or the judicial police will directly deliver the litigation documents that should be served. Method of service to the recipient himself, his agent or an adult family member living with him (the legal representative of the unit or the person responsible for receiving the goods).
2. Service by entrustment: It is difficult for the court to serve directly and entrust other courts to serve on your behalf. It is in addition to direct delivery. Strictly speaking, entrusted service is not an independent method of service. It is just an act of mutual assistance between courts.
3. Service by mail: The court service personnel hand over the litigation materials that should be served to the service person by mail.
4. Service with lien: The person to be served refuses to sign for the litigation documents directly served by the court. After the person who serves the person invites personnel from relevant organizations to attend, the person who is to be served will retain the litigation documents on the recipient’s behalf as witnessed by the relevant personnel. The method of service is accomplished by reaching the person's residence.
5. Delivery by transfer: For servicemen in the military and those who are imprisoned or reeducation through labor, the service is forwarded to the recipient through the political department above the regiment or the administrative department of the prison where they are located. .
6. Announcement delivery: also called fabricated delivery. It refers to the delivery method in which an announcement is published in a newspaper or other carrier and the delivery effect is produced after a certain period of time.
2. The process of hearing:
1. During the hearing, the judge will first look at the identity documents of both parties, then read out a series of court hearing rules, and ask both parties whether they require court approval. Personnel need to evade, etc., but generally there is no need to evade.
2. The judge requires the plaintiff to state his claims and reasons for the lawsuit, and to present evidence (sometimes, in order to save time, the judge will generally explain it in one sentence, saying that the defendant has read the content of the lawsuit, then this step can be omitted). Unless the plaintiff has a new statement, it can be supplemented.
3. The defendant rebuts the facts and reasons raised by the plaintiff and presents evidence.
4. The judge asks the plaintiff and the defendant respectively about the evidence of the case, their views and opinions or rebuttals - this is called cross-examination, and also asks about the specific details of the case. If it is necessary to further evaluate whether the evidence is true or not, an application for "forensic identification" should be made at this time.
5. The plaintiff and the defendant debate each other under the auspices of the judge.
6. After the debate, the judge will ask both parties whether they are willing to mediate to resolve the dispute. If both parties are willing to mediate and the mediation can be successful, the judge will issue a mediation letter, which will take effect after both parties sign; if they are unwilling to mediate, or If mediation fails, the judge will no longer mediate. Of course, if the two parties can mediate again after a few days of hearing and can reach an agreement, they can tell the judge that the matter will be resolved based on successful mediation, and the court will issue a "legally effective" mediation letter.
7. During the entire court hearing, a clerk will record the speeches of both parties. If one of the parties is unwilling to mediate, then after each party has made its statement, the clerk will print out the records of the trial and ask both parties to see if there are any discrepancies with what they said during the trial. If there are any discrepancies, they can make appropriate changes and revise them. sign. After both parties have read or revised the trial transcript, the trial ends.
Legal basis: "Civil Procedure Law of the People's Republic of China"
Article 143 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by subpoena, Or if you leave the court midway without the permission of the court, the lawsuit may be dismissed; if the defendant counterclaims, a default judgment may be made.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court midway without permission from the court, a judgment may be made in default.
Article 145. Before the judgment is pronounced, if the plaintiff applies to withdraw the lawsuit, the People's Court shall decide whether to allow it.
If the People's Court decides not to allow the lawsuit to be withdrawn, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned by subpoena, a default judgment may be made.
Article 146 If any of the following circumstances occurs, the court hearing may be postponed:
(1) The parties and other litigation participants who must appear in court have legitimate reasons for not Appear in court;
(2) The parties temporarily apply for recusal;
(3) It is necessary to notify new witnesses to come to court, collect new evidence, and re-identify and inspect , or supplementary investigation is required;
(4) Other circumstances that should be postponed.