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How often to serve subpoenas in divorce proceedings

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How often to serve subpoenas in divorce proceedings


        

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  • 2024-06-13 11:00:48

    The summons for divorce proceedings is usually issued on the seventh day. If one of the husband and wife asks for divorce and one of them does not agree, they may file a divorce lawsuit with the people's court. When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed. Precautions for service of summons
    1. Direct delivery
    Litigation documents shall be delivered directly to the addressee. If the person on whom the service is to be served is a citizen, it shall be handed over to an adult family member living with him for signature in his absence; If the person on whom the documents are to be served is a legal person or other organization, the legal representative of the legal person, the main person in charge of the other organization or the person responsible for receiving the documents of the legal person or organization shall sign the receipt; If the person on whom the service is to be made has an agent ad litem, he may deliver it to his agent for signature; If the person on whom the document is to be served has designated a receiver to the people's court, it shall be sent to the receiver for signature.
    The date on which the adult family members of the person on whom the service is to be made live together, the person responsible for receiving the documents of a legal person or other organization, the agent ad litem or the person receiving the documents on his behalf sign on the receipt of service shall be the date of service.
    2. Lien service
    If the person to be served or an adult family member living with him refuses to accept the litigation documents, the person serving the documents shall invite representatives of the relevant grass-roots organization or the unit to which he belongs to be present, explain the situation, write down the reasons for the refusal and the date on the receipt of service, which shall be signed or sealed by the person serving the documents and witnesses, and leave the litigation documents at the residence of the person to be served, which shall be deemed as service.
    3. Entrusted service
    If it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf.
    If the person on whom the documents are to be served is a serviceman, they shall be forwarded through the political organ of the unit at or above the regiment level in his unit.
    If the person on whom the documents are to be served is imprisoned, they shall be delivered through the prison or the unit for reform through labor where the person on whom the documents are to be served is in custody.
    If the person on whom the documents are to be served has been reeducated through labor, the documents shall be forwarded to him through his reeducation through labor unit.
    After receiving the litigation documents, the organ or unit that forwarded them must immediately deliver them to the person on whom they were served for signature. The date of signature on the receipt of service shall be the date of service.
    4. Service by mail
    For service by mail, the date of receipt indicated on the receipt shall be the date of service.
    5. Announcement service
    If the whereabouts of the person on whom the service is to be made is unknown, or if the service cannot be made by any other means specified in this Section, the service shall be made by public announcement. Sixty days from the date of the public announcement, it shall be deemed to have been served.
    6. Announcement service
    The reason and process shall be recorded in the file. I hope the above information can help you. If you have other questions, you can consult a professional lawyer.
    According to the provisions of the Civil Procedure Law, the people's court shall send a copy of the statement of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt.
    The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge.
    The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it. Article 125, paragraph 1 of the Civil Procedure Law The people's court shall send a copy of the statement of complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receiving it. The defence shall state the name, sex, age, nationality, occupation, work unit, address and contact information of the defendant; The name and address of a legal person or other organization, and the name, position and contact information of its legal representative or principal person in charge. The people's court shall send a copy of the bill of defense to the plaintiff within five days after receiving it.

    A***

    2024-06-13 11:00:48

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