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How soon can I receive a court summons?
The people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt.
After the people's court accepts the case, if the parties have objections to the jurisdiction, they shall raise them during the period of submitting the defense. The people's court shall examine the objections raised by the parties. If the objection is established, it shall be ordered to transfer the case to the people's court with jurisdiction; If the objection is not established, the ruling shall be rejected.
If the parties fail to raise any objection to the jurisdiction and respond to the lawsuit, it shall be deemed that the people's court against whom the lawsuit is filed has jurisdiction, except those that violate the provisions on hierarchical jurisdiction and exclusive jurisdiction.
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.
If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a summons, or withdraws from court without the permission of the court, it may be treated as withdrawing the lawsuit; If the defendant counterclaims, he may make a judgment by default.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 150 In any of the following circumstances, the lawsuit shall be suspended:
(a) one of the parties dies and needs to wait for the heir to indicate whether to participate in the proceedings;
(2) One party has lost the capacity for litigation and has not yet determined his legal representative;
(3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;
(4) One party is unable to participate in the litigation due to irresistible reasons;
(five) the case must be based on the trial result of another case, and the other case has not yet been concluded;
(6) Other circumstances in which litigation should be suspended.
After the reasons for suspending the lawsuit are eliminated, the lawsuit will be resumed. Article 152 A written judgment shall specify the judgment result and the reasons for making the judgment. The contents of the judgment include:
(a) the cause of action, the claim, the facts and reasons of the dispute;
(two) the facts and reasons identified in the judgment, the applicable laws and reasons;
(three) the verdict and the burden of litigation costs;
(4) the appeal period and the court of appeal.
The written judgment shall be signed by the judges and court clerks, and stamped with the seal of the people's court.
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