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Will the plaintiff receive the judgment first or the defendant

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Will the plaintiff receive the judgment first or the defendant


        

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  • 2024-06-14 10:00:58

    Will the plaintiff receive the judgment first or the defendant? Whether the plaintiff receives the judgment first or the defendant receives it first depends on the actual situation. If a judgment is pronounced in court, the written judgment shall be sent within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced. Whether a second hearing is needed depends on the actual situation of the case. However, in a divorce case where divorce is not allowed and mediation is good, the plaintiff cannot file a second lawsuit within six months without new information and reasons. With reference to point 7 of Article 124 of the Civil Procedure Law of the People's Republic of China, the people's court shall deal with the following lawsuits according to the circumstances: divorce cases in which divorce is not allowed by judgment and reconciliation is good, and cases in which adoption is maintained by judgment and mediation. If there is no new situation or new reason, the plaintiff brings another lawsuit within six months, it shall not be accepted. With reference to Article 148 of the Civil Procedure Law of the People's Republic of China, the people's court shall publicly pronounce judgments on all cases that are tried in public or not. If a judgment is pronounced in court, the written judgment shall be sent within ten days; If a judgment is pronounced regularly, a written judgment shall be issued immediately after the judgment is pronounced. When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal and the court of appeal. When a divorce judgment is pronounced, the parties must be informed that they may not marry again before the judgment becomes legally effective. With reference to Article 62 of the Civil Procedure Law of the People's Republic of China, if there is an agent ad litem in a divorce case, the person shall still appear in court, except for those who cannot express their intention; If it is really impossible to appear in court due to special circumstances, a written opinion must be submitted to the people's court. With reference to Article 84 of the Civil Procedure Law of the People's Republic of China, the service of litigation documents must be accompanied by a receipt of service, on which the recipient of the service shall record the date of receipt, sign or seal. The date of receipt on the receipt of service shall be the date of service. With reference to Article 85 of the Civil Procedure Law of the People's Republic of China, 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. With reference to Article 152 of the Civil Procedure Law of the People's Republic of China, the judgment shall state the result of the judgment and the reasons for making the judgment. The contents of the written judgment include: (1) the cause of action, the claims, the facts and reasons of the dispute; (2) The facts and reasons recognized in the judgment, and the applicable laws and reasons; (3) The result of judgment and the burden of litigation costs; (4) The period of appeal and the court of appeal. The written judgment shall be signed by the judges and the court clerk and sealed by the people's court.

    Etc***

    2024-06-14 10:00:58

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