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What does it mean for the court to send text messages to serve documents?
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. The court summons shall specify the name, gender, age, address, reasons for summoning, time and place of the case and other relevant matters.
According to the provisions of China's Civil Procedure Law, summons is issued by the people's court, which is usually applicable to summoning the parties, and should be served directly on the summoned person in advance according to law.
Article 12: Delivered by SMS, WeChat, etc. The service personnel shall record the sending and receiving mobile phone number, sending time and the name of the litigation documents served, and take photos of the delivery contents such as SMS and WeChat, and keep them for future reference.
Therefore, SMS delivery to litigation documents other than judgment documents is a way of delivery recognized by laws, regulations and judicial practice.
I. Mode of service of court summons
1, direct delivery
2, lien service entrusted service
3. Delivery by mail
Step 4 deliver
5. Announcement service
6. If the court summons cannot be served on the defendant in person, it can be served by other means mentioned above.
Second, the difference between announcement and announcement
1, with different content attributes.
Announcement is used to "announce important or statutory matters at home and abroad" and has the characteristics of information and knowledge; Notice is "something that should be observed or known within a certain range", which has distinct execution and knowledge.
2. The scope of the charges is different.
The announcement is open to readers and listeners at home and abroad. The notice is relatively narrow, only for relevant units and personnel within a certain range.
3. Different access rights
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 87 With the consent of the person to be served, the people's court may serve litigation documents by fax, e-mail or other means that can confirm receipt, except for judgments, rulings and conciliation statements. If it is delivered by the way mentioned in the preceding paragraph, the date when it reaches the addressee's specific system by fax or e-mail shall be the date of delivery.
Notice of the Supreme People's Court Municipality on Printing and Distributing Several Opinions on Further Strengthening the Work of Civil Servants
Article 10 Under the premise of strictly observing the applicable conditions of electronic service in the Civil Procedure Law and judicial interpretation of the Civil Procedure Law, actively explore effective ways and methods for electronic service and preservation of service vouchers. Conditional courts can establish a special electronic delivery platform, or rely on litigation service platform for electronic delivery, or take the form of cooperation with large portals and communication operators, and deliver it through a special e-mail, a specific communication number and an official account of Information WeChat.
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