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How soon can I receive a court summons after receiving the text message from 12368?
The Criminal Procedure Law of People's Republic of China (PRC) stipulates the service of summons, notices and other litigation documents (including indictment, exemption from prosecution, ruling and judgment, etc.). ) shall be delivered directly to the addressee; If the addressee is absent, it can be collected by his adult family members or the person in charge of his unit. The above is called direct delivery.
If the addressee or agent refuses to accept or refuse to sign or seal, the addressee may serve by lien according to law. That is, the addressee invites the neighbor or other witness of the addressee or agent to be present, explains the situation, leaves the document at his residence, and records the reasons for rejection and the date of delivery on the service receipt, which is signed by the relevant personnel.
There are five modes of service stipulated in People's Republic of China (PRC) Civil Procedure Law (Trial), which are the same as criminal service except direct service and lien service.
(1) Entrusted service. The defendant's people's court shall entrust the court of the addressee's domicile to serve the litigation documents on behalf of the parties and other participants living in different places. For litigants who do not live in China, according to the circumstances, they may entrust the China embassy or consulate in that country to serve them on their behalf, or entrust a foreign court to serve them on their behalf according to the agreement, or serve them through diplomatic channels (see service abroad).
② Delivery by post. If it is difficult to deliver it directly or by entrustment, it may be delivered by post. The date of delivery by post shall be the date of receipt indicated on the registered receipt. If a person living in a foreign country is served by post, the country where he lives has no objection.
3 announcement service. If the whereabouts of the addressee is unknown, there is no agent or it cannot be delivered by other means, it shall be delivered by posting an announcement, publishing a newspaper or broadcasting; From the time of announcement, it will take effect when the statutory time limit expires. If the missing person is declared dead, it will take effect as of the date of the announcement of the missing person, and the death can be declared according to law after 1 year.
Extended data:
Chapter VII Duration and Delivery
In the first stage
Article 82 The time period includes the statutory time period and the time period designated by the people's court.
The period is calculated in hours, days, months and years. The time and date when the period begins are not included in the period.
The last day after the expiration of the period is a holiday, and the first day after the holiday is the expiration date of the period.
The period does not include the time in transit, and the litigation documents mailed before the expiration are not overdue.
Article 83 If a party delays the time limit due to irresistible reasons or other legitimate reasons, he may apply for an extension within 10 days after the obstacle is removed, and whether to grant it or not shall be decided by the people's court.
Section II Delivery
Article 84 There must be a receipt for the service of litigation documents, and the addressee shall record the date of receipt, sign or seal on the receipt.
The date of receipt by the addressee on the service receipt shall be the date of service.
Article 85 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 delivery is the date when the adult family members, legal persons or other organizations of the addressee are responsible for receiving and the litigation agent or agent signs for it.
Article 86 If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may 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 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 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.
Article 88 If it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their 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 89 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 90 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 91 After receiving the litigation documents, the agency or unit that forwarded them must immediately give them to the addressee for signing, and the date of signing on the receipt shall be the date of delivery.
Article 92 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. Sixty 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.
Baidu Encyclopedia: Delivery
Baidu Encyclopedia: People's Republic of China (PRC) Civil Procedure Law
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