Is it okay for the plaintiff to appear in court and his family has not arrived?

Updated on society 2024-06-26
11 answers
  1. Anonymous users2024-02-12

    OK. According to the law, the plaintiff's failure to appear in court may be handled by the people's court according to the specific circumstances. Where the plaintiff does not appear in court without a legitimate reason, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.

    Article 143 of the Civil Procedure Law: Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.

    Article 145:Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether to allow it.

    Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

    Article 146:In any of the following circumstances, trial may be extended:

    1) Parties and other litigation participants who must appear in court have a legitimate reason for not appearing in court;

    2) The parties temporarily submit an application for recusal;

    3) 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.

    Article 150:In any of the following circumstances, litigation is suspended:

    1) Where one of the parties dies and it is necessary to wait for the heirs to indicate whether or not to participate in the litigation;

    2) One party has lost the capacity for litigation and has not yet determined the legally-prescribed person;

    3) The legal person or other organization to which it is a party is terminated, and the successor of rights and obligations has not yet been determined;

    4) One party is unable to participate in the litigation due to reasons of force majeure;

    After the reasons for the suspension of the proceedings have been eliminated, the proceedings shall be resumed.

  2. Anonymous users2024-02-11

    Yes, as long as the plaintiff is there, hopefully.

  3. Anonymous users2024-02-10

    Yes, I hope it helps.

  4. Anonymous users2024-02-09

    He is not a minor or mentally ill.

  5. Anonymous users2024-02-08

    Legal Analysis: Plaintiffs are not required to appear in court. The plaintiff in the lawsuit involving marriage must appear in court, and in other civil lead lawsuits, a person may be entrusted to appear in court to participate in the lawsuit.

    If the plaintiff refuses to appear in court without reason, it is to be handled as a withdrawal of the lawsuit; If the defendant refuses to appear in court without reason, the judgment shall be rendered in absentia. Generally, the plaintiff may not appear in court under the following circumstances: (1) the plaintiff cannot express his will; (2) The plaintiff was unable to appear in court due to objective reasons such as serious illness or natural disasters, and submitted written opinions.

    Legal basis: Article 49 of the Civil Procedure Law of the People's Republic of China The parties have the right to entrust a person to submit an application for the first recusal of Huaikuan, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

  6. Anonymous users2024-02-07

    Legal Analysis: Plaintiff's relatives can appear in court. A power of attorney and corresponding certificates from immediate family members, such as household registers, marriage certificates, and other family certificates, are required.

    Only the parties to the case, such as the plaintiff and the defendant, can appear in court. If other relatives want to appear in court, they meet the qualifications to serve as ** persons and appear in court as plaintiffs or defendants. If you want to testify in court as a witness, you need to apply to the Zhaoyula Court in advance, and after getting approval, you can only testify in court on the same day.

    Witnesses are not allowed to attend the trial to ensure that testimony is not affected.

    Legal basis: Article 922 of the Civil Code of the People's Republic of China The trustee shall handle the entrusted affairs in accordance with the instructions of the client. If it is necessary for the client to change the family and change the client's instructions, it shall be subject to the consent of the client; Where it is difficult to contact the client due to the urgency of the situation, the trustee shall properly handle the entrusted affairs, but shall promptly report the situation to the client afterwards.

  7. Anonymous users2024-02-06

    Legal analysis: Article 143 of the Civil Procedure Law of the People's Republic of China stipulates that if the plaintiff refuses to appear in court without a legitimate reason after being summoned by Sun Sun, or leaves the court without the permission of the court, the lawsuit may be dismissed; Where the defendant counterclaims, a judgment may be rendered in absentia.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 143: Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.

  8. Anonymous users2024-02-05

    China's Criminal Procedure Law and its judicial interpretations do not have relevant provisions on whether family members can speak to the defendant, but in judicial practice, in order to ensure the smooth progress of criminal trials, defendants are generally detained in solitary confinement pending trial. Therefore, during the adjournment period, the family members need to obtain the consent of the collegial panel to see the defendant, and this must not affect the order of the trial and the smooth progress of the case. However, under normal circumstances, in order to ensure the smooth progress of the trial, the judge will not allow relatives to meet or communicate with the defendant.

    Article 39, Paragraph 1 of the Criminal Procedure Law Defense lawyers may meet and communicate with criminal suspects or defendants in custody. With the permission of the people's courts and people's procuratorates, other defenders may also meet and communicate with detained criminal suspects or defendants.

  9. Anonymous users2024-02-04

    1.Plaintiffs in civil litigation cases are generally instructed to not appear in court. A lawyer can usually appear in court on behalf of the plaintiff, except in divorce cases, etc. If there is no identity relationship involved, the lawyer can have full powers**, and the parties can not appear in court.

    2.Legal basis:

    Article 59 of the Civil Procedure Law of the People's Republic of China stipulates that if a person is entrusted to litigate on his behalf, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the matters and authority of the entrustment.

    The litigant must have the special authorization of the client to admit, waive or change the litigation claim, settle the claim, file a counterclaim or appeal on behalf of the client. A power of attorney sent or entrusted by a citizen of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, the certificate shall be certified by the embassy or consulate of a third country that has diplomatic relations with the People's Republic of China in that country, and then transferred to the embassy or consulate of the People's Republic of China in the third country, or by the local patriotic overseas Chinese organization.

    Article 62 of the Civil Procedure Law of the People's Republic of China provides.

    If there is a litigant in a divorce case, the person shall still appear in court unless he is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.

    The above is the legal advice of the lawyer, if you have any questions, please feel free to consult further.

  10. Anonymous users2024-02-03

    Legal Analysis: Plaintiffs are not required to appear in court. The plaintiff in a lawsuit involving marriage must appear in court, and in other civil lawsuits, a person may be entrusted to appear in court to participate in the lawsuit.

    If the plaintiff refuses to appear in court without any reason for premature incendiary combustion, it shall be handled as a withdrawal of the lawsuit; If the defendant refuses to appear in court without reason, the judgment shall be rendered in absentia. Generally, the plaintiff may not appear in court under the following circumstances: (1) the plaintiff cannot express his will; (2) The plaintiff was unable to appear in court due to objective reasons such as serious illness or natural disasters, and submitted written opinions.

    Legal basis: Lu Xu.

    Civil Procedure Law of the People's Republic of China Article 49 The parties have the right to entrust a person to submit an application for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

  11. Anonymous users2024-02-02

    Legal Analysis: Yes. In the court, as the plaintiff, Hu Shanmo cannot be absent. However, as a plaintiff, it is sometimes possible to entrust a person to appear in court.

    Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 293:In cases tried in absentia by people's courts, the defendant has the right to retain a defender, and the defendant's close relatives may retain a defender on behalf of the defendant. Where defendants and their close relatives have not retained a defender, the people's court shall notify the legal aid institution to appoint a lawyer to provide them with a defense.

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