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Anonymous users2024-02-12Retaining a lawyer is one option, and you can also apply to the court for an extension** (you should provide the court with supporting materials such as the corresponding case).
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Anonymous users2024-02-11If the husband has a medical history before the marriage, after the court's adjustment is ineffective, the divorce can be forcibly determined according to the fact of separation. If it is discovered after marriage, and the condition is not short-term** or an incurable disease, the court will protect the interests of the man and will not grant divorce.
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Anonymous users2024-02-10You can entrust a lawyer or a relative**, and the relative needs to issue a certificate, or the person on the household registration book, you can bring the household registration booklet.
Code of Civil Procedure.
Article 58: Parties and legally-designated persons may retain one or two persons as litigants.
The following persons may be appointed as litigants:
1) Lawyers and basic-level legal service workers;
2) The close relatives or staff of the parties;
3) Citizens recommended by the parties' communities, units, and relevant social groups.
Article 59:Where others are entrusted to litigate on their 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.
Article 62: Where there is a litigant in a divorce case, the person shall still appear in court except where he or she 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.
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Anonymous users2024-02-09Legal analysis: If the court is sick, it can apply for a stay of the proceedings.
Legal basis: Article 150 of the Civil Procedure Law of the People's Republic of China 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;
5) The case must be based on the outcome of the trial of another case, and the other case has not yet been tried and concluded;
6) Other circumstances where litigation shall be suspended.
After the original reason for the suspension of the lawsuit was eliminated, the lawsuit was resumed.
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Anonymous users2024-02-08Legal analysis: If the court can't go if something happens, if it is very important, you can call the judge in charge of the case and ask for an extension of the trial. As long as there are good reasons, the judge will agree.
If the judge does not agree to postpone the trial, he can also entrust a person to appear in court. If I do not appear in court and do not entrust a ** person, if it is the plaintiff, the court will take the initiative to withdraw the lawsuit and deal with it. If it is the defendant, the court will rule in absentia.
There are relevant laws that provide that where the defendant refuses to appear in court without justifiable reason, a judgment may be rendered in absentia. If evidence in favor of the defendant fails to be presented and cross-examined due to the defendant's absence, then the defendant may be required to bear adverse consequences. Where a defendant who must appear in court is summoned twice and refuses to appear in court without a legitimate reason, he may be summoned by custodial summons.
Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, and does not retain a person to appear in court, it is to be handled as a withdrawal of the lawsuit.
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.
Article 144:Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.
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Anonymous users2024-02-07Summary. Hello, the practice of judicial practice is that unless a major conflict occurs and the judge cannot continue the trial, otherwise the case still needs to be heard if there is a minor illness, and it will be postponed for a period of time at most.
I went to the courthouse the other day and said that this judge is sick, so what should I do?
Hello, the practice of Brother Si Di is that the judge cannot continue the trial unless he or she is sentenced to sell a major contradiction, otherwise the case still needs to be tried if he is sick, and at most he will postpone it for a period of time.
So, if it's really impossible, the judge will be changed.
It's been sentenced, it's been years.
Civil Procedure Law: Article 44: In any of the following circumstances, adjudicators shall recuse themselves, and the seller has the right to apply for their recusal orally or in writing: (1) they are a party to the case or a close relative of a party or litigation agent; (2) They have an interest in the case; (3) There is another relationship with the parties to the case or the litigant, which might impact the fair trial of the case.
The verdict has already been handed down, it has been decided for several years, and the judge's illness will not affect the outcome of the case.
I can't get my money.
Hello, it was the Executive Judge who was contacted.
Not the judge of the verdict.
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Anonymous users2024-02-06Legal analysis: According to the provisions of China's Civil Procedure Law, if the defendant is sick and cannot appear in court to hear the case, the court may suspend the trial of the case and resume the trial after the defendant recovers.
Legal basis: Article 150 of the Civil Procedure Law of the People's Republic of China: In any of the following circumstances, the litigation is to be 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;
5) The present case must be based on the outcome of the trial of another case, and the other case has not yet been concluded;
6) Other circumstances where litigation shall be suspended.
After the reasons for the suspension of the proceedings have been eliminated, the proceedings shall be resumed.
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Anonymous users2024-02-05The court **can be online**. The conditions for online ** are that the court has jurisdiction to fight and sell, and the court has the conditions for online **; The parties make an application. After receiving an online application, courts that have the capacity for online applications shall promptly notify litigation participants to change the method or summons to inform them of the time and method of determination, and clarify the relevant matters online.
Article 58 of the Administrative Litigation Law of the People's Republic of China: Where the plaintiff refuses to appear in court without a legitimate reason for being summoned by a people's court, or leaves court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment in absentia may be rendered.
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