Legal basis: Article 261 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC) is applicable to the trial of a case by summary procedure. The people's court may summon both parties, notify witnesses and serve litigation documents other than the judgment documents by taking a message, telephone, text message, fax or email.
People's Republic of China (PRC) Civil Procedure Law
Article 85 Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.
Article 86 If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.
Article 87 With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail or other means that can confirm receipt, except for judgments, rulings and conciliation statements.
If it is delivered by the way mentioned in the preceding paragraph, the date when it reaches the addressee's specific system by fax or e-mail shall be the date of delivery.
The date of delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.
Article 144 If the defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, he may make a judgment by default.