What legal consequences will the parties bear if they did not attend the trial during the lawsuit?
What legal consequences will the parties bear if they did not attend the trial during the lawsuit?
Case introduction:
A mechanical processing factory signed a sales contract with a technology company, which stipulates that the mechanical processing factory will supply ten sets of mechanical accessories worth 151,200 yuan to the technology company.
� According to the contract, the technology company should pay the payment before November 10, 2018, but the technology company has not paid the payment to this day. Therefore, the machining factory sued the technology company to the court after repeated urges but failed to make a comeback, demanding that the overdue payment be repaid.
And during the trial, a defendant technology company did not appear in court.
trial results:
According to the evidence provided by the plaintiff, the court did not have much dispute over the facts of this case. During the trial, the plaintiff's machining factory and its entrusted litigation agent appeared in court to participate in the lawsuit. The defendant, a technology company in Shanghai, was summoned by the court and refused to appear in court without a legitimate reason. The court made a judgment in absentia on the defendant in accordance with the law and supported the plaintiff's lawsuit filed.
Case summary:
1. What legal consequences will the parties bear if they did not attend the trial during the lawsuit?
Article 144 of the Civil Procedure Law If the defendant refuses to court without a legitimate reason after being summoned by a summons, or leaves court without permission from the court, he may make a judgment in absentia.
[Summary] The judgment of absence applies to the following situations:
(1) If the plaintiff does not appear in court or leaves court halfway and leaves court halfway, the defendant makes a counterclaim;
(2) If the defendant is summoned by a summons and refuses to court without a legitimate reason, or leaves court halfway without court permission;
(3) If the court ruled that the lawsuit was not allowed to be withdrawn, the plaintiff would be summoned by a summons and refused to court without a legitimate reason;
(4) The legal representative of the defendant who has no civil capacity would be rejected to court without a legitimate reason after being summoned by a summons;
(5) If the whereabouts of the debtor are unknown when the creditor sues, the people's court will announce and summon the debtor to respond after accepting the case. If the announcement period expires and the debtor still does not respond to the lawsuit, and the loan relationship is clear, a judgment may be made in absentia after trial.
For parties who did not attend the trial during the litigation, the court may make a judgment in absentia in accordance with the law after ascertaining the facts. If the defendant's absence fails to provide evidence and cross-examination of the evidence in favor of the defendant, the defendant may have to bear adverse consequences. Because the defendant's absence shows that he has waived his right to defend and provide evidence in favor of himself.
2. If the parties did not attend the trial, will the judgment made by the court be binding on it?
For a judgment in absentia, the people’s court shall also declare the judgment and serve the judgment to the absentia party in accordance with statutory methods and procedures.
If the whereabouts of the absent party are unknown and have no recipient, or cannot be delivered by other means, an announcement can be posted on the court’s notice board, the original residence of the recipient, or an announcement can be published in the newspaper.
The announcement will be deemed to be delivered after 60 days from the date of issuance. If you are dissatisfied with this judgment, the parties may submit an appeal and a copy to the court within 15 days from the expiration of the announcement period. The overdue judgment will take effect and may be enforced.
