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How long does it take for the court to inform the other party?
The court will file a case after receiving the case materials. Generally speaking, the court will serve a summons, a service receipt and a copy of the indictment on the defendant within five days after filing the case. 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 prosecution process is as follows:
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal;
2. According to the principle of "who advocates who gives evidence", the plaintiff should submit materials when suing the court;
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is checked by the court undertaker, the undertaker shall sign and seal the list of evidence, one for the parties and one for the file;
4. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the filing conditions; Do not meet the conditions for filing, ruled that it will not be accepted according to law;
5. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance. If there are difficulties, you can submit a written application for reduction, deferment and exemption to our hospital during the advance delivery period. If they fail to pay within the time limit or the written application for deferment, deferment or exemption is not approved, and they still fail to pay in advance, our hospital will decide to withdraw the lawsuit automatically.
6. After filing the case, the court will arrange the trial of the case, and the parties should obey the work arrangement of the court. After closing the case, the litigation costs will be settled in the financial room, so as to make more refunds and less subsidies.
To sum up, the court sent 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.
Legal basis:
Article 128 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.
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