How soon will the defendant receive the notice from the court 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.

Legal analysis

How soon will the defendant receive the notice from the court after the prosecution? According to different situations, the time is different. 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, and if the defendant has an agent ad litem, it shall be signed by the agent ad litem. 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.

legal ground

Article 125 of the Civil Procedure Law of People's Republic of China (PRC), 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. The defense shall specify the defendant's name, gender, age, nationality, occupation, work unit, residence and contact information; The name and domicile of the legal person or other organization and the name, position and contact information of the legal representative or principal responsible person. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receiving the defense. If the defendant fails to submit the defense, it will not affect the trial of the people's court.