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What should I do if the court doesn't receive the notice?
1. What should I do if the court changes the hearing time without notifying the plaintiff?
If the court fails to notify and is at fault, it may appeal to a higher court and urge the other party to correct it. If you disagree with the verdict, you can request a new trial. When trying a civil case, the people's court shall notify the parties and other participants in the proceedings three days before the hearing. If the hearing is held in public, the names of the parties, the cause of action, the time and place of the hearing shall be announced. This kind of notice is invalid, and you have the right to ask for another day. If one party or attorney is in a hurry or the court session time conflicts, it is normal to apply to the court for adjusting the court session date, but often the court notice is not timely. Even on the day of the trial, when the opposing party or attorney arrived at the court waiting for the trial, he was told to change the trial time.
Second, criminal court proceedings.
(a), the trial preparation stage.
1. Find out the identity of the customer: name, previous name, date of birth, nationality, place of origin, education level, occupation, registered permanent residence, etc. If the court checks the defendant's age, identity, criminal record and other circumstances that may affect the outcome of the case, the lawyer should carefully record them and clarify them during the court investigation.
2. Declare that the defendant is suspected of committing a crime; Announce the names of the members of the collegial panel and other participants (prosecutors and defenders); Inform and ask whether to apply for withdrawal.
3. Inform the parties and defenders of their rights.
(2) the court investigation stage.
1, the prosecutor read the indictment; The judge asked the defendant whether what he read was consistent with what he received.
2. The public prosecutor questioned the defendant; In the process of court investigation, lawyers should listen carefully to the defendant's interrogation and questions, and be prepared to ask questions. If the public prosecutor threatens, induces or has nothing to do with the defendant, the defense lawyer has the right to raise an objection. If the court rejects the objection, it should respect the decision of the court.
3. The defender asked the defendant questions.
(3) the stage of proof and cross-examination.
1. The public prosecutor provided evidence to the court on the criminal facts alleged in the indictment.
2. The defendant talks about cross-examination opinions.
3. Defenders talk about cross-examination opinions.
4. The public prosecutor provides sentencing evidence to the court;
5. The defendant talks about cross-examination opinions.
6. Defenders talk about cross-examination opinions.
7. The judge asked the defendant and the defender if they had any evidence to provide.
8. The judge asked the defendant and the defender whether to apply for new witnesses to appear in court, obtain new material evidence and apply for re-appraisal or inquest.
(4) court debate.
1, the public prosecutor issued a public prosecution opinion; The defense lawyer should listen carefully to the complaints expressed by the complainant, record the main points and prepare for the debate.
The defendant defended himself.
3. Defenders express their defense opinions.
4. Second round of debate.
(5) The defendant's final statement.
1. Statement of the defendant.
2. Court education.
3. Adjourn.
Before the court hears a case, a staff member will inform the plaintiff and the defendant. If the plaintiff has no time to appear in court, he can discuss with the court to change the court session time. If the defendant does not appear in court after receiving the notice, the court may make a judgment by default. If the plaintiff is not informed of the change of the court session time because of the court, he can lodge a complaint.
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