What is the subpoena of the court?

A summons is a written notice issued at the beginning of a specific court procedure and lawsuit. According to the Civil Procedure Law of People's Republic of China (PRC), there are several ways to serve a summons:

1, direct service, also known as service, refers to the way that the people's court sends a special person to directly serve the litigation documents to the addressee for signature.

Direct delivery is the most basic mode of delivery. In other words, everything that can be served directly should be served directly to prevent the delay of litigation and ensure the smooth progress of litigation procedures. ?

2. Service by lien means that the addressee refuses to serve the litigation documents unreasonably, and the addressee shall place the litigation documents at the addressee's residence and have the legal effect of service. ?

3. Entrusted service means that when the people's court in charge of hearing civil cases has difficulty in directly serving litigation documents, it entrusts other people's courts to serve them on its behalf according to law. Entrusted service and direct service have the same legal effect. ?

4. Delivery by post means that the people's court sends the documents served to the addressee by registered mail through the post office. Practice shows that court mail service is usually a way of service when the addressee's residence is far from the court and it is difficult to deliver it directly.

5. Service refers to the way that the people's court sends the litigation documents to the unit where the addressee works for collection, and then forwards them to the addressee. There are three kinds of forwarding services:

(1) If the recipient is a soldier, it shall be handed over through the political organ of a unit at or above the regimental level.

(2) If the person subjected to execution is put into prison, it shall be handed over to the prison and labor reform unit to which he belongs.

(3) If the addressee is undergoing reeducation through labor, it shall be transferred through his reeducation through labor unit. After receiving the litigation documents, the organs and units that transfer them on their behalf must immediately hand them over to the addressee for signature, and the date of delivery shall be the time when the addressee signs on the service receipt. ?

6. Delivery of notice. You can post an announcement on the bulletin board of the court, the original residence of the addressee, or publish an announcement in a newspaper. The announcement can only be used when the whereabouts of the addressee are unknown or cannot be served by other means.

The legal effect of announcement service is the same as other service methods. If the court summons cannot be served on the defendant in person, it can be served by other means mentioned above. Other ways are illegal.

Extended data:

Attention should be paid to obtaining court summons and other documents:

1, program work should be coordinated.

Some people get emotional after receiving court summons. "The plaintiff's prosecution is unreasonable, what he said is a lie. Why did your court accept it? " Some people even refused to receive a subpoena and refused to go to court.

The court's acceptance of the plaintiff's lawsuit does not mean that it recognizes the plaintiff's facts and demands, and it has to be tried for right or wrong. There is no need to toss about at this stage, and it is business to come back and prepare evidence! If you refuse to cooperate, you will not participate in the lawsuit and lose your right to defense, which may have adverse consequences. Therefore, it is suggested to cooperate with the judge to actively obtain the subpoena, check and sign to confirm the receipt of relevant documents.

2. The court session time is not suitable and can be adjusted through consultation.

The judge first informs to receive the summons, sometimes the court session time is uncertain, and some directly determine the court session time and issue the court session summons.

The defendant may need to prepare evidence and organize materials. If the court decides that the court session is relatively short and feels nervous, it can negotiate with the judge to adjust it. At least according to the provisions of the Civil Procedure Law, the defendant has a defense period of 15 days after receiving the summons, and the first court hearing can be at least 15 days later.

3. The address confirmed by the delivery address must be accurate.

The court usually requires the parties to fill in the "Confirmation of Service Address" when receiving a summons or holding the first hearing. This is a very important document! In the future, the court may send subpoenas, judgments and other documents to this address by express delivery. If the address provided is wrong and the document cannot be delivered, the court may consider it delivered. Missing the opportunity of hearing and appeal because of the wrong address may lead to nothing to say!

4, if there is a "notice of proof", should pay attention to according to the time on the notice of proof.

As for giving evidence, you can usually give evidence in court at the beginning of the court session, or you can ask for evidence at the next court session. But if the court sends you a Notice of Proof, you should give evidence within the time limit set by the court.

This? Very? Heavy? Want it? ! Someone once received the "notice of proof" but paid no attention to this document, which led to the inability to give evidence within a limited time, thus losing the right to give evidence and eventually losing the case.

Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law