Service mode of court summons

The court summons can be served as follows:

1, direct delivery;

2, lien service;

3. Entrusted service;

4. Delivery by post;

5. delivery;

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.

Usually, the court summons requires the respondent to submit documents to the court within a specified time limit to respond to the lawsuit, or in some civil cases, the respondent can only attend the court hearing on a specific date specified in the court summons, and the respondent can also choose not to respond to the lawsuit, that is, let the court issue a default judgment, but he needs to bear the risk of losing the lawsuit.

If the summoned person is a citizen, he is not prepared to give it to his adult family for signature; If the person summoned is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the summoned person has an agent ad litem, he may send it to his agent for signature; If the summoned person appoints an agent to the people's court, he shall submit it to the agent for signature.

If the summoned person or his adult family members who live together refuse to accept it, the service person shall invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the summons at the summoned person's residence with the signatures or seals of the service person and witnesses, which shall be deemed as service.

Court summons is a written document issued by the people's court according to law, which requires the summoned person to appear in court at a designated place to participate in litigation activities or conduct other litigation activities at a designated time. Telephone notification and SMS notification are not credible, and the court personnel personally serve the summoned person.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 107 The service of subpoenas, notices and other litigation documents shall be delivered to the addressee himself; If I am not here, I can give it to his adult family or the person in charge of the unit to collect it. If the addressee himself or his agent refuses to accept or sign or seal, the addressee may invite his neighbors or other witnesses to be present, explain the situation, leave the document at his residence, record the reasons for refusal and the date of delivery on the service receipt, and the addressee will sign it, which means delivery. The court summons shall be served in accordance with the provisions of the Civil Procedure Law on service, as follows:

Article 87 of the Civil Procedure Law requires a receipt for the service of litigation documents, and the addressee shall record the date of receipt on the receipt and sign or seal it.

The date of receipt by the addressee on the service receipt shall be the date of service.

Article 88 Litigation documents shall be served directly on the addressee. If the addressee is a citizen, I will not give it to his adult family to sign for it; If the addressee is a legal person or other organization, it shall be signed by the legal representative of the legal person, the principal responsible person of other organizations or the responsible person of the legal person or organization; If the addressee has an agent ad litem, he may send it to his agent for signature; If the addressee appoints an agent to the people's court, it shall send it to the agent for signature.

The date of receipt by the adult family members of the addressee, the legal person or other organization responsible for receiving, litigation agent or agent shall be the date of delivery.

Article 89 If the addressee or an adult family member living together refuses to accept the litigation documents, the addressee may invite the representatives of the relevant grass-roots organizations or units to be present to explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's residence, which shall be signed or sealed by the addressee and witnesses; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc. , that is, as delivery.

Article 90 With the consent of the person to be served, the people's court may serve litigation documents by electronic means that can confirm receipt. If the addressee requests to provide paper documents, the people's court shall provide a written judgment, ruling or conciliation statement served by electronic means.

If it is delivered by the way mentioned in the preceding paragraph, the date when the delivered information reaches the addressee's specific system shall be the date of delivery.

Article 91 If it is difficult to serve litigation documents directly, it may entrust other people's courts to serve them on its behalf or by post. If it is delivered by post, the date of receipt indicated on the receipt shall be the date of delivery.

Article 92 If the addressee is a soldier, it shall be delivered through the political organ of the unit at or above the regimental level where he belongs.

Article 93 If the person to be served is put in prison, he shall be transferred through the prison where he belongs.

If the addressee is subjected to compulsory education measures, it shall be transferred through the compulsory education institution to which it belongs.

Article 94 After receiving the litigation documents, the organs and units that transmit them on their behalf must immediately give them to the addressee for signing, and the date of signing on the receipt shall be the date of delivery.

Article 95 If the whereabouts of the person to be served are unknown or cannot be served by other means specified in this section, it may be served by public announcement. Thirty days after the announcement, it shall be deemed to have been delivered.

When the announcement is served, the reasons and process shall be recorded in the file.