As we all know, there are many provisions on the jurisdiction of civil litigation, and prosecutors need to bring a lawsuit to the law with jurisdiction. By cross-regional prosecution, we mean bringing a lawsuit to a court in different regions. How about the following sharing?
What if you don't care about being sued? 1 What will happen if the court does not prosecute?
It is not a crime not to accept a court summons in civil proceedings. But I lost my right to defend myself.
After being sued, he should actively respond to the lawsuit and present his opinions and evidence to the court. If ignored, it will have the following adverse consequences:
The defendant's failure to appear in court shall be deemed as a waiver of the right to reply and submit evidence.
The court only determines the facts of the case according to the plaintiff's appeal and the evidence provided, and makes a judgment according to law.
If the court decides that the defendant undertakes the obligation and the defendant refuses to perform it, the plaintiff can apply to the court for enforcement, then the defendant cannot escape.
According to Article 144 of the Civil Procedure Law, "If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default."
What should the court do if the defendant does not appear in court?
Article 144 of the Civil Procedure Law stipulates: "If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default." It can be seen from the provisions of this article that even if the defendant does not appear in court or withdraws from court, the court can make a judgment by default.
However, it is worth noting that if the defendant who must appear in court refuses to appear in court after being summoned twice by the people's court without justifiable reasons, the people's court may take compulsory measures to force him to appear in court according to the relevant provisions of the Civil Procedure Law. Defendants who must appear in court generally refer to defendants who claim alimony, maintenance, upbringing, pension, labor remuneration and divorce cases, and other defendants who cannot find out the case without appearing in court. The second service of a summons means that the people's court serves the summons and it is served by the addressee.
Or the agent signs or seals the service receipt. Without justifiable reasons, it generally means that there are no special circumstances such as force majeure and accidents that prevent the defendant from appearing in court.
Can the court not attend the notice of hearing?
The parties have the right to refuse to participate. At the same time, citizens can attend public court hearings.
When the attendance seats cannot meet the needs, the people's court may issue the attendance seats in the order of application or by drawing lots or shaking numbers, but priority shall be given to the close relatives of the parties or other interested parties to attend the case.
The following persons are not allowed to participate:
(1) Witnesses, expert witnesses and people with specialized knowledge who are prepared to appear in court to express their opinions;
(two) minors without the approval of the people's court;
(three) refused to accept the safety inspection;
(4) Drunken people, mental patients or other people with abnormal mental state;
(5) Other persons who may endanger court security or disturb court order.
No unit or individual may organize personnel to participate in public trials that can seal criminal records according to law.
Unless otherwise provided by law, no one may participate in a court hearing that is not open according to law.
What if you don't pay attention to being sued? Can you not be sued by others?
There is no need to be sued by others, but the court will conduct a trial by default, and the trial by default will face the situation of losing the case.
trial by default
Default judgment system is an important civil litigation system in China, which plays an important role in protecting citizens' legitimate rights and interests, improving the settlement rate and ensuring the smooth progress of litigation.
According to the relevant provisions of the Civil Procedure Law, the default judgment is applicable to the following situations:
1. If the plaintiff fails to appear in court or withdraws in the middle of the court, it shall be dismissed and the defendant counterclaims;
2. The defendant refuses to appear in court without justifiable reasons after being summoned by a summons, or leaves the court halfway without the permission of the court;
3. The court ruled that the lawsuit was not allowed to be withdrawn, and the plaintiff refused to appear in court without justifiable reasons after being summoned by a summons;
4. The legal representative of the defendant who has no capacity for civil conduct refuses to appear in court without justifiable reasons after being summoned;
5. In a loan case, if the debtor's whereabouts are unknown when the creditor files a lawsuit, the people's court will announce and summon the debtor to respond after accepting it.
If the debtor still fails to respond to the lawsuit after the expiration of the announcement, and the loan relationship is clear, the judgment may be made by default after trial. During the trial, if the debtor escapes, his whereabouts are unknown, and the loan relationship is clear, the judgment may be made by default. A judgment by default has the same legal effect as a judgment by presence. For the judgment by default, the people's court should also announce and serve the judgment to the absent parties in accordance with legal methods and procedures, so as to ensure that the parties can fully exercise their right of appeal.
Article 143 of China's Civil Procedure Law stipulates that if the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, it can be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default. "Article 144 stipulates:" If the defendant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws from court without the permission of the court, he may make a judgment by default. However, if the defendant must appear in court, he may be summoned.
According to Article 109 of the Civil Procedure Law, if the defendant refuses to appear in court without justifiable reasons after two summonses, the people's court may summon the defendant who must appear in court. The defendant who must appear in court refers to the defendant who has the obligation to support, support and support, and cannot find out the case without appearing in court.
The legal representative of a minor who has caused damage to the state, the collective or others must appear in court. If he refuses to appear in court without justifiable reasons after two summonses, compulsory summonses may also be applied.
How to ignore being sued? 3. How to deal with cross-regional prosecution
Article 49 of the Civil Procedure Law stipulates that the parties have the right to entrust an agent, apply for withdrawal, collect and provide evidence, argue, request mediation, file an appeal and apply for enforcement.
Second, the collection standard of lawyer's fees in divorce proceedings.
As handling divorce cases requires lawyer's experience, the lawyer's working years will also affect the standard of case agency fees. This article is a general standard of divorce attorney fees for reference only (the lawyer's agency fees are mainly determined by both parties through consultation):
(1) A practicing lawyer who participates in case mediation and litigation as an agent shall, in addition to charging a handling fee of 3,000-5,000 yuan per case, pay the accumulated negotiation fee in installments according to the following proportions: the proportion of the subject matter of the dispute plus the fee.
1, 000 yuan is free;
1-65438+ ten thousand yuan (including 65438+ ten thousand yuan) of the target amount X (6%-9%);
10-200,000 yuan (including 200,000 yuan) (target amount-65,438+10,000 yuan) x (4%-8%)+(1-65,438+10,000 yuan is partially charged);
200,000-500,000 yuan (including 500,000 yuan) (bid amount-200,000 yuan) x (3%-6%)+(6,543.8+0,654.38+10,000 yuan)+(6,543.8+0,200,000 yuan);
50- 1 10,000 yuan (including 1 10,000 yuan) (target amount-500,000 yuan) x (2.5%-5%)+(part of1-/10,000 yuan is collected) +( 10-)
100-1 00000 yuan (inclusive) (target amount-100000 yuan) x (1%-2%)+(1-65438+)
Exceeding 100000 yuan (bid amount-100000 yuan) x (0.5%-1%)+(100000 yuan part fee)+(10-200000 yuan)
Fees may be reduced or exempted for cases that have been tried in the first instance and the second instance.
(two) the burden of litigation costs in divorce cases shall be settled by both parties through consultation; If negotiation fails, the people's court shall make a judgment.