In judicial practice, when it comes to litigation procedures, people's courts often have a large number of documents to serve on the parties. Do you know that the people's court needs to sign it when it is delivered? I sorted out the relevant legal knowledge for you. Let's take a look together. I believe it will help you.
1. Does the people's court need to sign the reply card by itself?
Just sign or seal the receipt, fill in the date of receipt and send it back to the court. The receipt of service refers to the certificate made by the people's court or other judicial organs in accordance with the statutory format to prove the service of legal documents.
Second, what are the delivery methods?
The mode of service refers to the mode of service adopted by the people's court. Article 13 of the Civil Procedure Law stipulates the mode of service, and the specific modes of service are as follows:
(1) Direct service refers to the way in which the service personnel of the people's court directly deliver the litigation documents and legal documents to the addressee or his adult family members, agents or agents ad litem. According to the relevant provisions of the Civil Procedure Law and the relevant judicial interpretation of the Supreme People's Court, when delivered, it can be given to the adult family members who live together to sign for it (in divorce proceedings, when delivered to one party, it cannot be given to people who are both adult family members of one party and the other party in the absence of the addressee); If the consignee is designated by the addressee, it may be handed over to the consignee for signature. Service of litigation documents to a legal person or other organization shall be signed or sealed by the legal representative of the legal person, the principal responsible person of other organizations or the person in charge of receiving documents in the office, mailroom and duty room. If the addressee has an agent ad litem, the people's court may serve the addressee and the agent ad litem at the same time. If it is served to a person other than the above-mentioned addressee, it shall be deemed as direct service.
(2) Lien service Lien service refers to the service mode in which the served litigation documents and legal documents are delivered to the addressee or the qualified addressee, and the addressee refuses to sign for them, and the addressee leaves the litigation documents and legal documents at the addressee's address according to law. The applicable condition of lien service is that the person to be served or the person qualified to accept the service refuses to sign for the litigation documents or legal documents served. In the process of lien service, the service provider shall invite the representatives of relevant grass-roots organizations or the unit where the service provider works to witness, and the service personnel of the people's court shall explain the situation to the witness, and record the reasons for the rejection of the service provider and the service date on the service receipt, which shall be signed or sealed by the service provider and the witness. If the witness is unwilling to sign or seal the service receipt, the service person shall record the situation on the service receipt and leave the litigation documents and legal documents at the addressee's residence, resulting in legal consequences of service.
(3) Entrusted service refers to the mode of service in which the defendant's court has difficulty in directly serving, and entrusts other courts to serve litigation documents and legal documents on the addressee. Entrusted service should be difficult for the people's court to serve directly; The entrusting court can only entrust other courts, not other institutions or organizations. Procedurally, the entrusting court shall issue a power of attorney, and attach the litigation documents, legal documents and service receipts that need to be served. If the entrusted court serves the relevant litigation documents and legal documents on the addressee, it shall be deemed that the entrusted court has served them, and the date when the addressee signs the receipt of service shall be the date of service.
(4) Service by post refers to the way that the sued people's court delivers litigation documents or legal documents to the addressee by registered mail through the post office when direct service is difficult. According to the relevant judicial interpretation in the Supreme People's Court, the delivery by mail should be accompanied by a delivery receipt. If the date of receipt indicated on the receipt of registered letter does not match the date of receipt indicated on the receipt of service, or the receipt of service is not sent back, the date of receipt indicated on the receipt of registered letter shall be the date of service.
(5) Referral service refers to the service mode by which the sued people's court delivers the litigation documents and legal documents of relevant organs and units to the addressee according to the relevant information of the addressee. According to the relevant provisions of the Civil Procedure Law, there are three situations in which transfer service is applicable: first, if the recipient is a soldier, it will be transferred through the political organs of units above the regiment level; Second, the person served is put in prison and transferred through his prison or reform-through-labour unit; Third, if the addressee has been reeducated through labor, he shall be handed over through his reeducation-through-labor unit. After receiving the litigation documents and legal documents, the organ or unit responsible for the transfer must immediately hand them over to the addressee for signing, and the date of signing indicated by the addressee on the service receipt is the date of service.
(VI) Service by Announcement Service by Announcement refers to the service mode in which the court of appeal announces the main contents of litigation documents and legal documents that should be served when the whereabouts of the addressee are unknown or cannot be served by the above-mentioned means, and after a certain period of time, the announcement will have service consequences. In fact, announcement service is a kind of constructive service, that is, the addressee may or may not know the contents of the announcement after the announcement, but it is regarded as service according to the law. In accordance with the provisions of Article 84 of the Civil Procedure Law, it shall be deemed to have been served 60 days after the date of the announcement. When the people's court serves a notice by announcement, it shall record the reasons and process of service in the case file.
Third, the time to deliver the receipt.
Before the trial of the first instance, the defendant and the third party shall be served with the copy of the indictment, the copy of the defense, the notice of responding to the lawsuit, the notice of rights and obligations, the notice of members of the collegial panel, the notice of proof and other pre-trial documents by the service receipt.
After the judgment of the first instance comes out, the civil ruling and the civil judgment will be served on all participants in the proceedings, and the service receipt will also be used.
Before the trial of the second instance, when the copy of the appeal and the notice of the members of the collegial panel are served to the appellee and the third party before the trial of the second instance, the service receipt shall be used.
After the judgment of the second instance, after the judgment result of the civil second instance case comes out, the civil ruling and the civil judgment will be served on all participants in the proceedings, and the service receipt will be used.
This is what I introduced to you about whether the people's court needs to sign its own reply card. The reply card is the evidence of the litigation legal relationship between the people's court and the addressee.