(a) the plaintiff sued. . . . . . 2) Defendant's defense
Our court will send a copy of the plaintiff's indictment to the defendant within 5 days from the date of filing the case, and notify the defendant to make a written reply.
1. Time limit for reply
The defendant shall make a written reply within 05 days from the date of receiving the copy of the complaint served by the court. The defendant did not raise a defense within 15 days, and the court heard the case as usual and made a judgment.
If the defendant cannot give a reply within 15 days due to reasons beyond his own will, he may apply to the people's court for an extension according to the facts, and the president will make a decision on the extension.
2, the way of defense
(1) written reply
Written defense refers to the defense by defense, that is, the defense is written and submitted to the court within the time limit notified by the court.
(2) Oral defense
Oral defense refers to oral defense at trial.
3. Questions to pay attention to in defense.
After receiving the copy of the plaintiff's complaint, the defendant shall carefully analyze the claims, facts and reasons put forward by the complaint, admit the conclusive facts and accept the reasonable and acceptable requirements; Don't ignore groundless and unreasonable demands, but prepare facts and sufficient evidence and put forward your own rebuttal.
(3) Exchange of evidence
. . . . . . (4) Pre-trial mediation
After accepting a divorce case, the court should first mediate between the parties, so that the parties can eliminate their differences and understand each other, so as to reach a divorce or reconciliation agreement. If a settlement agreement is reached, the people's court will record the agreement and generally do not issue a conciliation statement; When a divorce agreement is reached, the people's court shall make a conciliation statement, which shall be signed by the judge and the clerk and stamped with the seal of the people's court. Mediation and judgment have the same legal effect.
. . . . . . The court hearing includes the following procedures:
1, court investigation
Court investigation refers to a comprehensive investigation of the facts of a case in court. The court investigation shall be conducted in the following order:
(1) Statement of the parties.
The order is plaintiff, defendant, third party and their agents ad litem. If there are several people with the same title, they may state it separately, or they may be agents elected by them. As the parties and their agents, when making statements, they should also closely focus on their own claims, the facts of the case and the reasons for proving that the claims can be established, so as to avoid being emotional, arbitrarily attacking the subject and digressing. After the parties make statements, the presiding judge or the sole judge shall summarize the focus of the case dispute and solicit the opinions of the parties according to the claims and reasons stated by the parties respectively. The parties must listen carefully to the focus of the dispute summarized by the presiding judge. If there are any omissions, they must explain them to the presiding judge and ask them to be the focus of controversy, because if they ignore the exercise of the right of objection at this stage, some cases that are crucial to the parties will inevitably not be investigated and debated by the court and will not be protected by law.
(2) Witnesses appear in court to testify.
. . . . . . (3) the parties provide evidence and cross-examine. . . . . . 2. Court debate
. . . . . . 3. Trial mediation
After the court debate, before the court makes a judgment, the court will try its best to mediate divorce cases that can be mediated. If mediation fails, the court will make a judgment.
4. pronounce judgment
There are two ways of sentencing, one is trial in court, and the other is regular sentencing. If the verdict is pronounced in court, the court will send the verdict within 10; If the sentence is pronounced regularly, a written judgment will be issued immediately after the sentence is pronounced. No matter what form the verdict is pronounced, the court will inform the parties of their right to appeal, the time limit for appeal and what the court of appeal needs to point out is that the parties should sign the written judgment, ruling and mediation. If it is not signed, the court will serve it by lien, which will not affect the legal effect of the judgment, ruling or mediation.
If a party refuses to accept the judgment or ruling of first instance, he may appeal. According to Article 147 of the Civil Procedure Law, the appeal period for a party who refuses to accept the judgment of first instance is 15 days from the date when the judgment is served, and the appeal period for refusing to accept the ruling is 10 days from the date when the ruling is served. If a litigant participant receives his own judgment or ruling, it shall start counting from his own starting date; If either party fails to reach the appeal time limit, the judgment or ruling shall be within the appeal time limit, and the judgment or ruling shall not be legally effective. If the parties file an appeal within the prescribed time limit, the second instance procedure will be initiated. The trial of a case of second instance revolves around the scope of the parties' appeal request. If the parties do not make a request, the procedure of second instance is not the final procedure of civil litigation. After the court of first instance has made a judgment or ruling, if the parties fail to appeal within the prescribed appeal time limit, the judgment or ruling of the court of first instance will take legal effect and the second instance procedure will not occur.