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Will the notice of litigation be sent by SMS?
How long is the notice before the trial?
1. If the court holds a hearing, it must notify the parties and other participants in the proceedings three days before the hearing. Cases tried in public need to be announced to the public three days before the court session.
2. Before the hearing, the judge may convene the public prosecutor, the parties, the defenders and the agents ad litem to learn about the situation and listen to opinions on issues related to the hearing, such as withdrawal, the list of witnesses appearing in court and the exclusion of illegal evidence.
3. After the people's court determines the date of the hearing, it shall notify the people's procuratorate of the time and place of the hearing, summon the parties, and notify the defenders, agents ad litem, witnesses, expert witnesses and translators. Summons and notices should be served at least three days before the court session. For a case to be tried in public, the cause of action, the name of the defendant, the time and place of the court session shall be announced in advance three days before the court session.
4. According to article 15 1 of China's Criminal Procedure Law, the notice of hearing shall be delivered 3 days before the hearing at the latest. When the notice of hearing is served according to law, it is legally binding on the addressee. They must appear in court at the time and place specified in the notice and shall not be absent without reason.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 84 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt.
The date of receipt by the addressee on the service receipt shall be the date of service.
Article 85 Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.
The date of receipt by the adult family members of the addressee, the legal person or other organization responsible for receiving the goods, litigation agent or agent shall be the date of delivery.
Article 86 If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.
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