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How to deal with receiving a court summons
How to handle the court summons, as follows:
After receiving the court summons, the parties can handle it in the following ways:
1. Sign for the summons: The parties concerned should sign for the summons in a timely manner to avoid affecting the litigation process. A subpoena is an important tool for the court to convey legal documents. After signing, you can understand the basic situation of the case and help the parties prepare to respond to the lawsuit.
2. Verification: The parties concerned should carefully check the content of the subpoena, including the name of the case, cause of action, court opening time, location, etc., to ensure the authenticity and accuracy of the subpoena.
3. Understand the facts of the case: The parties can inquire and verify the case by consulting a lawyer or going to the court litigation service center to understand the facts of the case, including the content of the other party's complaint and the evidence materials submitted.
4. Prepare to respond: The parties need to prepare response materials, such as statements of defense, counterclaims, etc., based on the facts of the case and legal provisions, and submit them to the court within the specified time.
5. Participate in the court hearing: The parties need to arrive at the court at the specified time to participate in the court hearing, and make statements and provide evidence as required by the court.
6. Execution of judgment: The parties need to perform corresponding obligations according to the court's judgment, including payment, delivery of items, etc.
How long does it take to hold a court hearing after receiving a summons:
After receiving a court summons, the court hearing will usually take about one month. The specific date depends on the specific circumstances of the case and the court's schedule. Depends. If the ordinary procedure is applicable, the court will usually be held about one month after receiving the summons. If the summary procedure is applied, the court will usually be held within one month.
In summary: After receiving a court summons, the parties need to take it seriously, take timely measures to understand the case, prepare to respond, and participate in the hearing as required by the court. At the same time, parties need to actively safeguard their legitimate rights and interests. If they have any questions, they can consult a lawyer or go to the court litigation service center for consultation.
Legal basis:
"Civil Procedure Law of the People's Republic of China"
Article 161
When the People's Court applies simplified procedures to hear cases, it shall be concluded within three months from the date of filing the case.
Article 163
If during the trial process, the people's court finds that the case is not suitable for simple procedures, it shall rule to convert it to ordinary procedures.
Article 149
Cases tried by the People's Court applying ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of this court; if an extension is still needed, it must be submitted to the superior people's court for approval.
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