Those who live overseas and want to file a lawsuit in a mainland court but are unable to appear in person for some reason can entrust others to litigate on their behalf in accordance with the laws of our country. Close relatives, lawyers, social groups, and ordinary citizens of the parties who have the capacity for litigation can be entrusted as litigation agents.
The number of people entrusted as litigation agents is limited to 1 to 2 people (no more than 2 people); if overseas Chinese, foreign Chinese and foreigners entrust a lawyer, it can only be a lawyer from mainland China.
The procedure for entrusting another person to litigate on your behalf is: the client must submit a "power of attorney" signed (or stamped) by himself to the court. The power of attorney must list the entrusted matters and authority in detail. The litigation agent can admit, abandon or change the litigation claim, reconcile with the other party, or file a counterclaim or appeal; if the agent is entrusted to another person, it must be specifically authorized by the client and clearly listed separately.
For overseas Chinese who have acquired foreign nationality, their power of attorney must be notarized by the notary office of the country where they are located, and must be authenticated by our embassy or consulate in that country to be legally valid; if not To become a foreign national, you only need to go to the Chinese embassy or consulate in that country to go through the entrustment procedures. Non-Chinese nationals can first obtain certification from the Ministry of Foreign Affairs or the embassy or consulate of a country that has diplomatic relations with my country, and then have it certified by our embassy or consulate abroad.
Of course, if it is possible to return to the mainland, you can also directly go to the law firm or notary office where the case is located to complete the entrustment procedures.
As for parties living in Hong Kong and Macao, if they cannot directly appear in court to respond to the lawsuit or return to the mainland to complete the authorization procedures, their power of attorney can only be notarized by a Chinese-appointed notary recognized by the Ministry of Justice. Afterwards, China Legal Services (Hong Kong) Co., Ltd. will handle the stamping and forwarding procedures before it can be used.