I. General provisions
Article 1 The filing court shall serve the following documents: confirmation of the address of the parties, notice of proof, notice of litigation risk, litigation guide and litigation supervision card.
Article 2 The court shall serve the following documents: notice of responding to the lawsuit, notice of proof, address confirmation, defense, court summons, ruling, judgment and other documents that should be issued by the court.
Article 3 Make full use of the service modes of various litigation documents, with direct service and mail service as the main methods, lien service, entrusted service, electronic service and intensive service as the auxiliary methods, and announcement service as the last resort.
2. Confirmation of service address
Article 4 When a party files a lawsuit, the filing court requires him to provide an accurate telephone number, fax number and e-mail address, and fill in a confirmation letter of service address; Have the right to require the plaintiff to provide the other party's address, telephone number and other contact information for effective service. The confirmation of service address informs the parties of the legal consequences of refusing to provide the service address, inaccurate service address, failure to inform the people's court in time of the change of service address, and refusal of the addressee or his designated agent to sign for it.
Article 5 If the parties confirm that the service address of litigation documents is their law firm or lawyer's residence, the court shall be legally binding on the parties according to the confirmation of service address before the parties notify the court in writing to cancel the entrustment. If a law firm or lawyer refuses to accept the service, the date of return of the document shall be regarded as the date of service, and the direct service may be served by lien.
Article 6 If a party fails to change the service address in writing when filing an appeal, applying for retrial or applying for execution, the service address confirmed by the procedure of first instance may be used as the service address of the procedure of second instance, the procedure of trial supervision and the procedure of execution. The confirmation of service address submitted by the parties to the people's court in other cases tried at the same time can be used in this case after verification by the people's court, and the situation will be recorded in the file. In other cases, the service address is the address of the agent ad litem. The people's court shall specify the above matters in the confirmation letter of service address and clearly inform the parties concerned.
Article 7 In any of the following three cases, it can be presumed that "the party refuses to provide the address for service":
1. The address of the person to be served is unknown, but you can get in touch with him by telephone or other means. , and after being notified by the court by telephone, refuses to appear in court to participate in the litigation, and does not provide an accurate service address;
2. The addressee does not appear in court or intentionally evades in this case, but participates in the litigation as a party in other cases tried by our court at the same time and does not provide or confirm the service address;
3. During the service of the court announcement, the addressee applies to the court for jurisdiction objection or requests for withdrawal, but fails to provide the service address clearly.
If there is telephone recording or other evidence in the above situation, it shall be solidified and preserved. Audio recordings or other evidence shall be written by service personnel and signed by service personnel, judges and clerks.
Article 8 If a party refuses to provide his own address for service and fails to do so after being notified by the people's court, the natural person shall take his domicile or habitual residence as the address for service; A legal person or other organization shall take its domicile in industrial and commercial registration or other legal registration as the service address.
Third, direct delivery.
Article 9 After accepting a case, a commercial court shall initially serve a copy of the complaint, a notice of responding to the lawsuit, an address confirmation and other litigation documents to the defendant and a third party, which shall generally be served directly.
Article 10 The service person shall notify the parties to collect the litigation documents from the court. If a party refuses to sign the receipt of service when he arrives at the people's court, it shall be deemed to have been served. The judge and the clerk shall indicate the service on the service receipt and sign it.
Article 11 If the addressee delivers the service at the residence of the party concerned, and the party concerned refuses to sign the receipt of service, and the addressee takes photos or videos to record the delivery process, it shall be deemed as delivery.
Article 12 The addressee shall serve the service at a place other than the domicile of the party concerned.
If the party concerned refuses to sign the receipt of service, and the addressee records the service process by taking photos or videos, it shall be deemed as service. The judge and the clerk shall indicate the service on the service receipt and sign it.
Thirteenth if the addressee is a natural person, it shall be signed by himself or his legal representative; If I am not here, I can sign for it by an adult close relative who lives together.
Article 14 If the addressee is a legal person or other organization, it shall be signed or sealed by the legal representative, principal responsible person or directors, supervisors, managers, financial directors, legal directors, and persons in charge of receiving documents such as offices, mail rooms and duty rooms.
The representatives of the relevant grass-roots organizations and their units as stipulated in Article 89 of the Civil Procedure Law may be the staff of the residents' committee or villagers' committee in the place where the addressee lives, or the staff of the unit where the addressee works.
The provisions of the preceding two articles shall not apply to adult close relatives of the addressee, legal representatives or employees of legal persons or other organizations who are the other parties in the same case or have evidence to prove that it is not appropriate to sign for them.
Article 15 If the addressee has an agent ad litem, the people's court may serve the addressee or his agent ad litem. However, unless the addressee clearly indicates in the power of attorney that the agent ad litem cannot receive the litigation documents.
Article 16 If the addressee entrusts the agent to the people's court, it shall send it to the agent for signature. The service personnel shall clearly inform the agent of the legal consequences of signing the litigation documents.
Fourth, delivery by post.
Article 17. Civil and commercial litigation documents served by court express mail shall be served at the address determined by the parties. If the addressee fails to sign on the delivery receipt, but signs on the mail receipt, it shall be deemed as delivery, and the date of signing shall be the date of delivery.
Article 18 If the service address provided or confirmed by the addressee himself is inaccurate, he refuses to provide the service address, fails to inform the court of the change of the service address in time, and the addressee himself or the agent designated by the addressee refuses to sign for it, resulting in the litigation document not being actually received by the addressee, the date of document return shall be the service date.
Article 19 If the service address filled in by the addressee is inaccurate, and the addressee's name and contact telephone number are incorrect, so that the litigation document can't be contacted with the addressee and returned, it shall be deemed as non-delivery.
Litigation documents acceptable to agents ad litem and agents may be served by post.
Article 20 The office shall designate a special person to be responsible for this work, and timely deliver and recycle special delivery documents.
Five, lien service
Twenty-first lien service shall meet the following conditions:
1. The service personnel directly serve the litigation documents;
2. The addressee or obligor maliciously refuses to sign (such as refusing to sign without justifiable reasons, tearing up the service receipt on the spot, denying that he is the addressee, and refusing to open the door after the service personnel show their identity, etc.).
Article 22 A lien service may leave the litigation documents at the place where the addressee should serve them. The service personnel may take photos or videos to solidify the scene where the addressee or obligor refuses to sign, and indicate the reasons, time and place for refusing to sign on the service receipt, and attach photos or videos.
Article 23 If the addressee is a natural person, legal person or other organization, and the obligor refuses to sign or seal it, it may be retained for service.
Article 24 The addressee entrusts an agent ad litem to collect it on his behalf, or entrusts other agents to collect it from the people's court. If the agent refuses to serve the litigation documents, he may retain the service.
Article 25 The conciliation statement shall be delivered directly to the parties, and it is not applicable to lien delivery. If the parties are unable to sign for it for some reason, they may sign for it by their designated agents.
Six, electron transfer
Twenty-sixth electronic delivery can use fax, e-mail, SMS and other specific systems as the delivery medium, and adopt the principle of voluntary parties.
If the addressee agrees to apply electronic service, it shall confirm it on the address confirmation letter of the party concerned, and accurately register the necessary information such as ID number, telephone number, e-mail address and fax number.
The people's court shall clearly record the cases of electronic service in the file, and make a good backup of relevant materials.
Article 27 The corresponding electronic system of the people's court shows that the date of successful transmission is the date of delivery. However, if the date when the addressee proves that he arrived at his specific system is inconsistent with the date when the corresponding system of the people's court shows that the transmission was successful, the date when the addressee proves that he arrived at his specific system shall prevail.
Twenty-eighth judgments, rulings and conciliation statements served by electronic means shall be provided if the addressee requests to provide paper documents.
Seven, intensive delivery
The People's Court of Aershan signed the Contract for Intensive Delivery and File Distribution of Legal Documents in the Same City with Xing 'an League Branch of China Post Group Co., Ltd., and agreed on the service content. Overall delivery of domestic legal documents, including electronic delivery of legal documents, centralized printing and mailing, and direct delivery of auxiliary services.
Eight. Service of announcement
Article 29 If the whereabouts of the addressee is unknown, or if it cannot be served by other means, it shall be served by public announcement.
Article 30 A natural person whose whereabouts are unknown means that, unless the addressee is declared missing or applies for being declared missing, it cannot be delivered directly to the addressee's address, and the public security organ, residents' committee, villagers' committee, adult close relatives or other appropriate means confirm that the addressee's whereabouts are unknown.
The whereabouts of legal persons or other organizations are unknown, which means that when the service personnel cannot be delivered according to the service address and the address registered by the legal persons or other organizations in the administrative department for industry and commerce, they are already in a state of missing.
Article 31 The plaintiff shall provide the public security organ, the administrative department for industry and commerce, the residents' committee, the villagers' committee, adult family members and other evidence to prove that the defendant's whereabouts are unknown.
If the plaintiff cannot provide evidence to prove that the defendant's whereabouts are unknown due to objective reasons, the people's court shall collect evidence according to the plaintiff's application.
Thirty-second announcements can be posted on the bulletin board of the court and the address of the addressee, or published in newspapers, information networks and other media. The date of announcement shall be the date of the last posting or announcement. If there are special requirements for the delivery method of the announcement, it shall be carried out in the required way. Upon the expiration of the announcement, it shall be deemed to have been delivered.
If the people's court posts an announcement at the addressee's residence, it shall post it in a prominent position, and record the posting process by taking photos or videos, with photos or videos attached.
Nine. other terms
Article 33 For a case pronounced in court, the people's court shall, within 10 days, inform the addressee of the specific time and place to receive the judgment, and inform him of the legal consequences of refusing to receive it. If the party concerned fails to receive the written judgment within the specified time limit, it shall be deemed to have been served.
Article 34 For a case that is pronounced regularly, the judge shall set a specific date for sentencing when the court is adjourned, and notify the addressee to receive the verdict. If the addressee fails to collect it in court or fails to sign for it after appearing in court, it shall be deemed to have been served.
Article 35 In a case pronounced in court or regularly pronounced, if the addressee proposes to serve the written judgment or ruling by post, the date on which the addressee receives it shall be the date of service.
Article 36 If the High Court of the Autonomous Region, the Intermediate People's Court of the Union or any other court entrusts the court to serve the service, the import and export shall be uniformly registered by the filing court. It will be served by the relevant commercial court within ten working days.
The judicial committee shall be responsible for the interpretation of these Provisions and shall come into force as of the date of promulgation.