If you don t receive a summons in the first instance and don t go to the second instance, can you st

If the summons is served by mail, then you do not receive it, and the law also considers it to have been received, and if you do not go, the court will hear it in absentia.

The trial time for second-instance cases is usually completed within three months, and if there are special circumstances that require an extension, the approval of the president of the court is required. If it has been three months since the party received the appeal petition from the other party, but there is no news from the court of second instance, it means that the case is more complicated and the trial has been postponed. It is also possible that there are many cases in the court of second instance, and the trial cannot be heard, so the trial is delayed.

Legal basis: Civil Procedure Law

Article 176:People's courts hearing appeals against judgments shall complete trial within 3 months of filing the second-instance trial. Where there are special circumstances that require an extension, it is to be approved by the president of that court. People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

Code of Criminal Procedure

Article 243:Second-instance people's courts accepting appeals and prosecutorial counter-appeals shall complete trial within two months. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 158 of this Law, an extension of 2 months may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality; Where an extension is necessary due to special circumstances, it shall be reported to the Supreme People's Court for approval.

The time limit for the Supreme People's Court to accept appeals and prosecutorial counter-appeals is to be decided by the Supreme People's Court.

The majority of the second-instance trials are not **, and generally a summons is issued to summon the parties to the court for questioning, and then a judgment is made. If it is **, it means that it is likely to change the judgment of the first instance.

Legal basis: Article 169 of the Civil Procedure Law: Second-instance people's courts shall form a collegial panel for trial of appeal cases. After reading the case file, investigating and questioning the parties, if no new facts, evidence, or reasons are presented, and the collegial panel finds that it is not necessary to conduct a trial, it may not conduct a trial.

Summary. Hello dear! We'll be happy to answer for you. Yes. Both the first-instance and second-instance trials have lost the case, and the legal judgment takes effect, and the retrial can only be applied for resolution if the conditions for retrial are met. At the end of the second-instance trial, if it is still found that the judgment is in error, an application may be made to the court at the level above for a retrial.

Hello dear! We'll be happy to answer for you. Yes. If the legal judgment of the first and second instance cases is lost, it can only be resolved by applying for a retrial if the retrial is satisfied. At the end of the second-instance trial, if you still feel that the judgment is in error, you may apply to the court at the next higher level for a retrial.

Legal basis: Article 199 of the Civil Procedure Law stipulates that if a party believes that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the level above to recall the party for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original People's Court for a retrial.

Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Summary. Hello dear! We'll be happy to answer for you.

You can also apply for a retrial. If both the first-instance and second-instance trials lose the case, the legal judgment takes effect, as long as the conditions for retrial can be met, an application for retrial can be applied. Because the trial of the second instance is concluded, if it is still believed that the judgment is in error, it is possible to apply to the court at the next higher level for a retrial.

Hello dear! We'll be happy to answer for you. You can also apply for a retrial.

If the first and second instance trials are lost, and the legal judgment takes effect, as long as the conditions for retrial can be met, Shen Youxiao Dou requests a retrial to resolve it. Because the trial of the second instance is concluded, if it is still believed that the judgment of the prudent faction is in error, it is possible to apply to the court at the next higher level for a retrial.

Legal basis: Article 199 of the Civil Procedure Law stipulates that if a party believes that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the level above to recall the party for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original People's Court for a retrial.

Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Is there no summons for the second instance case? It is not necessary to use a subpoena. First of all, according to Article 136 of the Civil Procedure Law, a people's court hearing a civil case shall notify the parties and other litigation participants three days in advance.

Where the trial is open, the names of the parties, the cause of action, and the time and place shall be announced. At the same time, as for the specific method of notification, the court can flexibly use it according to the needs of the trial of the case, and it is not necessarily necessary to use a summons. According to Article 6 of the Rules of the People's Court, persons entering the courtroom should present valid identity documents and undergo security checks of persons and belongings.

Procurators and lawyers who hold valid work identification and notice to appear in court to perform their duties may enter the courtroom through special channels. Where security inspections are necessary, the people's courts are to treat procurators and lawyers equally. In addition, the court may consider adjourning the case if the following circumstances apply:

According to article 146 of the "Civil Procedure Law", in any of the following circumstances, the trial may be postponed: (1) the parties and other litigation participants who must appear in court have legitimate reasons for not appearing in court; (2) The parties temporarily submit an application for recusal; (3) Where it is necessary to notify new witnesses to appear in court, to collect new evidence, to conduct a new appraisal or inquest, or to supplement the investigation; (4) Other circumstances that should be extended. The above is the problem of the lead of the second instance case without a summons, I hope the cover is helpful to you.

Summary. Hello, dear, I'm happy to answer for you. OK.

If the case is lost in both the first instance and the second instance, if there is a genuine objection to the outcome and there is new evidence, the parties may apply to the people's court at the level above for a retrial, and the judgment or ruling shall be submitted within two years after the judgment or ruling takes legal effect. Where a party's application meets the legally-prescribed circumstances, the people's court shall retry the case.

Hello, dear, I'm happy to answer for you. OK. If the case is lost in both the first and second instance, and if there is a real objection to the outcome and there is new evidence, the party concerned may apply to the people's court at the next higher level for a retrial, and the case shall be filed within two years after the judgment or ruling takes legal effect.

Where the application of the person concerned meets the legally-prescribed circumstances, the people's court shall retry the case.

legal basis; Article 206 of the Civil Procedure Law of the People's Republic of China: Where a party feels that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the next higher level for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Article 207:Where a party's application meets any of the following circumstances, the people's court shall retry the case: (1) there is new evidence sufficient to overturn the original judgment or ruling; (2) The basic facts ascertained in the original judgment or ruling lack evidence to prove them; (3) The primary evidence for the facts ascertained in the original judgment or ruling was fabricated; (4) The main evidence of the facts determined in the original judgment or judgment has not been debated; (5) Where the parties are unable to collect the main evidence needed for trial of the case for objective reasons, and apply in writing to the people's court to investigate and collect it, but the people's court does not investigate and collect it; (6) The original judgment or ruling was truly erroneous in the application of law; (7) The composition of the trial organization is unlawful, or the adjudicators who should be recused in accordance with law do not recuse themselves; (8) A person who lacks capacity for litigation has not been represented by a legally-prescribed person in litigation or a party who should participate in the litigation has not participated in the litigation for reasons that cannot be attributed to him or his or her litigation person; (9) Violating legal provisions by depriving parties of their right to debate; (10) Judgment in absentia without being summoned by summons;

I mean, there's no new evidence.

If there is no new evidence that can be overturned, the conditions for a retrial are generally not met.

Lawyer's analysis: The specific situation is analyzed on a case-by-case basis, depending on whether there are other problems in the procedure or trial law of the first instance, and if there are no problems, the judgment of the first instance will generally be upheld.

legal basis;

Civil Procedure Law of the People's Republic of China

Article 212:In cases where a ruling is made not to accept or reject a lawsuit, and the plaintiff files a lawsuit again, and meets the requirements for initiating a lawsuit and does not fall under the circumstances provided for in article 124 of the Civil Procedure Law, the people's court shall accept it.

Article 214:After the plaintiff withdraws the lawsuit or the former Yingmin court handles it as a withdrawal, the plaintiff sues again with the same litigation request, and the people's court shall accept it. Where there are no new circumstances for the plaintiff to withdraw the lawsuit, and the lawsuit is filed again within six months, it is not to be accepted in accordance with the provisions of Article 124, Item 7 of the Civil Procedure Law. Answer: Remainder.