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Did the court inform the defendant that he was on the phone?
Defendant, according to the relevant provisions of China's procedural law (Criminal Procedure Law, Civil Procedure Law, Administrative Procedure Law), in criminal proceedings, the party accused by the public prosecution agency of being suspected of committing a crime is called "defendant". However, in civil and administrative cases, the accused party is called the "defendant" and the accused party is called the "plaintiff", which means that only in criminal cases can there be the title of "defendant".
The court informed the defendant how to serve the summons:
1 Direct service: the way in which the court judges, clerks or judicial police directly serve the litigation documents that should be served to the person to be served, their agents or adult family members living together (the legal representative of the unit or the person who specially receives the documents).
2. Entrusted service: if it is difficult to serve directly, the service method of entrusting other courts to serve on its behalf. It is a supplement to direct delivery. Strictly speaking, entrusted service is not an independent way of service, it is only an act of mutual assistance between courts.
3. Service by post: the service method that the court service personnel deliver the litigation materials that should be served to the addressee by mail.
4 lien service: that is, if the defendant refuses to sign for it, the summons will be deemed to be served if it is left on the basis.
5. Delivery: the way in which active servicemen and prisoners and reeducation-through-labor personnel deliver to the addressee through the political department or prison administration department at or above the regiment level.
Announcement service: also known as quasi-service. It refers to the delivery method of publishing an announcement in a newspaper or other carrier, which produces a delivery effect after a certain period of time.
Legal basis:
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 26 1
When the people's court tries a case by summary procedure, it can leave a message, telephone, text message, fax or e-mail to summon both parties, notify witnesses and serve litigation documents other than the judgment documents.
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