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How is the court summons notified or issued?
1. In what way is the court summons served?
1. Direct service: the service mode in which the court judges, clerks or judicial police directly deliver the litigation documents that should be served to the person to be served, his agent or adult family members (legal representatives of the unit or persons who specially receive the documents) who live together.
2. Entrusted service: if it is difficult to serve directly, the service method of entrusting other courts to serve on its behalf. It is a supplement to direct delivery. Strictly speaking, entrusted service is not an independent way of service, it is only an act of mutual assistance between courts.
3. Service by post: the service method that the court service personnel deliver the litigation materials that should be served to the addressee by mail. Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly.
4. Service by lien: it is delivered directly to the defendant. If the defendant refuses to sign for it, the summons will be deemed to have been delivered if it is left on the basis.
5. Forwarding to the addressee: the way to deliver the serviceman and the imprisoned and reeducation-through-labor personnel in the army to the addressee through the political department or prison administration department at or above the regiment level.
6. Announcement service: also called quasi-service. It refers to the delivery method of publishing an announcement in a newspaper or other carrier, which produces a delivery effect after a certain period of time.
Second, how long does it usually take for the court to serve a summons?
There are many ways of delivery, such as direct delivery, mail delivery and lien delivery. If you really can't find someone, you will be served by announcement.
This is the relevant provision of the Civil Procedure Law: Article 84 If the whereabouts of the person to be served are unknown, or cannot be served by other means specified in this section, it shall be served by public announcement. Sixty days after the announcement, it shall be deemed to have been delivered.
When the announcement is served, the reasons and process shall be recorded in the file.
In other words, if it cannot be delivered, the court will make an announcement. After the expiration of the announcement, the court will hold a hearing. If you don't arrive, you will be tried in absentia and make a judgment.
The law does not require the parties to go to court to get a subpoena. This is because in the process of hearing the case, in order to save trouble, the court only informed the parties to go to the court to collect it by telephone. In the process of collection, the parties should sign the delivery receipt, which is actually delivered directly. If the parties do not sign, the same provisions apply to lien service.
legal ground
Article 107 of the Criminal Procedure Law
The service of subpoenas, notices and other litigation documents shall be delivered to the addressee himself; If I am not here, I can give it to his adult family or the person in charge of the unit to collect it. If the addressee himself or his agent refuses to accept or sign or seal, the addressee may invite his neighbors or other witnesses to be present, explain the situation, leave the document at his residence, record the reasons for refusal and the date of delivery on the service receipt, and the addressee will sign it, which means delivery.
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