How soon will the defendant be notified after the prosecution?

Depending on the type of case, the court has different time to inform the defendant. For example, administrative cases: the court will notify the defendant within five days from the date of filing the case; If it is a criminal case, a copy of the complaint shall be served on the defendant ten days before leaving the court; If it is a civil case, the court will notify the defendant within five days from the date of filing the case.

In litigation, many people will have many questions, such as how long the court will notify the defendant after filing a case, how the court will notify the defendant, and what if the defendant does not appear in court? The following are detailed answers to these questions.

I. Time for notifying the defendant

Depending on the type of case, the court has different time to inform the defendant. For example, administrative cases: the court will notify the defendant within five days from the date of filing the case; If it is a criminal case, a copy of the complaint shall be served on the defendant ten days before leaving the court; If it is a civil case, the court will notify the defendant within five days from the date of filing the case.

Article 125th of the Civil Procedure Law

After accepting the plaintiff's actual filing, the people's court shall send a copy of the complaint to the defendant within five days from the date of filing, and the defendant shall submit a defense within fifteen days from the date of receipt. After receiving the defense, the people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense.

Second, the form of informing the defendant.

Generally speaking, the court will send a copy of the complaint to the defendant. It is impossible to notify by phone or SMS unless it is a simple case. For other cases, it is forbidden for the court to contact the defendant by telephone or SMS, and the summons notice also has strong legal effect.

And the sender shall ensure that the copy of the complaint is delivered to the defendant, and if the defendant cannot sign for it, his relatives can sign for it on his behalf; If the defendant is a unit, it shall be signed by the legal person of the unit; If the defendant has an agent ad litem, the agent ad litem shall sign for it.

Third, the defendant does not appear in court?

If it is a simple case, the court may notify the defendant by telephone or text message. , the notice is automatically deemed to have been delivered. If the defendant does not appear in court, the judge will make a default judgment and think that the defendant voluntarily gives up his defense. If the defendant is notified by means of a copy of the indictment, and there is no evidence to prove that the defendant, the defendant's relatives or the defendant's agent have signed for it, the court cannot make a judgment by default.

If the defendant does not appear in court on the day of the trial, the court will not inform the defendant again, and the court will make a judgment according to the circumstances of the case. But in general, the court will notify the court three days in advance by summons.