Can a court summons be dismissed?

But refusing to sign a subpoena will have certain consequences:

1. If a party refuses to sign a summons because he must appear in court, the people's court may compel the party to appear in court;

2. If the defendant refuses to sign the summons and fails to appear in court without justifiable reasons, the court may make a judgment by default;

3. If the plaintiff refuses to appear in court without justifiable reasons after being summoned by summons, the court may dismiss the prosecution.

According to the law, after accepting a case, the court will serve all kinds of legal documents on the parties. These documents include subpoenas, the publication of judgment documents and certificates. Moreover, in the process of conveying these legal documents, the court will adopt various delivery methods, such as mail delivery, electronic delivery, direct delivery, entrusted delivery, and announcement delivery. , so that the parties can receive these documents through various means.

Among them, when the court summons is served, the parties receive it in different ways, and the court handles it in different ways, as follows:

1. If the parties are present, they need to sign in person, which is regarded as successful communication;

2, the parties are not at home, should be signed by their adult family members, and as a success;

3. If a party changes his residence address halfway and fails to notify the court in time, which ultimately leads to the failure to return the documents, the date of returning the documents shall be deemed as the date of successful delivery of the documents;

4. If the party concerned or his adult family refuses to accept the summons, the person who issued the summons can contact the local management or unit leader to be present, and indicate the reason and date of refusal on the service receipt, and then the person who issued the summons and other witnesses sign the service receipt, and finally leave the summons at the party concerned's residence, which can be regarded as successful service.

legal ground

People's Republic of China (PRC) Civil Procedure Law

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 signatory 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 delivery is the date when the adult family members of the addressee, the legal person or other organization responsible for receiving, the litigation agent or the agent sign for it. 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 with the signatures or seals of 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. , it is deemed to be delivered.