When shall the Courts proceed with the case adjudication in Vietnam?
Pursuant to Article 228 of the 2015 Civil Procedure Code stipulates:
The Courts shall proceed with the case adjudication in the following circumstances:
- The plaintiff, the defendant, persons with related rights and obligations, and their representatives are absent from the court session but have submitted a request for the Court to conduct the trial in their absence.
- The plaintiff, the defendant, persons with related rights and obligations are absent from the court session, but their representative is present at the court session.
- Cases specified at points b, c, d, and dd of clause 2 of Article 227 of this Code.
Pursuant to Points b, c, d, and dd of clause 2 of Article 227 of the 2015 Civil Procedure Code stipulates:
- The defendant has no counterclaim, the persons with related rights and obligations have no independent request, and they are absent without a representative attending the court session, the Court will proceed to trial in their absence;
- The defendant with a counterclaim is absent without a representative attending the court session. In this case, it will be considered as abandoning the counterclaim and the Court will decide to suspend the resolution of the counterclaim, except in cases where the defendant has submitted a request for trial in their absence. The defendant has the right to re-file the counterclaim in accordance with the law;
- Persons with related rights and obligations who have an independent request are absent without a representative attending the court session, it will be considered as abandoning the independent request and the Court will decide to suspend the resolution of their independent request, except in cases where the person has submitted a request for trial in their absence. Persons with related rights and obligations with an independent request have the right to re-file the independent request in accordance with the law;
- The protector of the legitimate rights and interests of the involved parties is absent, the Court will still proceed to trial in their absence.
Above are the cases where the Court will proceed with the case adjudication.
Sincerely!