Will the court notify the defendant by telephone?

The court will notify the parties by phone, especially in grass-roots courts, and the parties close to the court are most likely to be notified by phone.

Article 261 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China applies summary procedure to the trial of a case, and the people's court may summon both parties, notify witnesses and serve litigation documents other than the judgment documents by taking a message, telephone, SMS, fax or email.

although the law stipulates that the parties should be notified by summons three days before the court session, in many cases, the judge will often inform the parties to come to the court to get the summons by telephone after setting the court session date. Of course, some judges serve the summons to the parties by mail according to the provisions of the Civil Procedure Law, and should ensure that the parties receive the court summons three days before the court session.

If the case is tried by summary procedure, the judge can summon the parties to court or mediate at any time by simple means such as telephone, message, fax and e-mail. Of course, if the notice of hearing sent by the court in the form of the above-mentioned non-summons is not confirmed by the parties or there is no other evidence to prove that the parties have received it, the people's court shall not take it as the basis for handling the withdrawal of the lawsuit and making a judgment by default.

after receiving the notice of court hearing, the parties concerned should attend the proceedings on time according to the date notified by the court, whether by telephone or by summons. As the plaintiff, if he fails to appear in court on time, the court will automatically dismiss the lawsuit. If the defendant refuses to appear in court without justifiable reasons after receiving the notice of hearing, the court may hear the case by default.

Extended information:

Service mode of court summons:

1. Direct service, also known as delivery service, refers to the service mode in which the people's court sends a special person to deliver the litigation documents directly to the addressee for signing. Direct delivery is the most basic way of delivery. That is to say, anything 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 refers to the way of service in which the addressee places the litigation documents at the addressee's residence in accordance with the law when the addressee unreasonably refuses the litigation documents, which will have the legal effect of service.

3. Entrusted service means that when the people's court in charge of hearing the civil case has difficulty in directly serving the 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.

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

4. Referral service refers to the service mode in which 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 situations for delivery:

First, the recipient is a soldier and is delivered through the political organ of the unit above the regiment level;

2. If the person to be served is imprisoned, he shall be transferred through his prison and labor reform unit;

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 take the time when they sign on the service receipt as the service date.

5. announcement service. 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 addressee's whereabouts are unknown or cannot be served by other means. The legal effect of announcement service is the same as that of other service methods.

if the court summons can't be delivered to the defendant personally, it can be delivered by other means mentioned above.

Reference: Baidu Encyclopedia-Court Summons