Compulsory defense is advantageous to realize the equality of both parties, determine the disputes in facts and applicable law as soon as possible, to make the parties’ expectations clear, and to promote a fair and efficient settlement of disputes between the parties. The notice of compulsory defense provided in the following will help you to understand the relevant content so please read carefully.
19.1. Please Check the Deadline.
When the notice of response given, the judge, according to the complexity of the case, shall determine the defendant’s reply period and require the defendant to submit a written reply before the expiration of the given period. If the defendant has not yet submitted a plea near the close of the stated period, he will be urged to submit a written reply before the expiration of the prescribed time period. If the defendant has not yet submitted a written reply before the expiration of the prescribed period but prior to the expiration of the time period for producing evidences, the pretrial meeting shall be set and the defendant shall be required to make a clear defense opinion and inform the legal consequences of non-defense.
19.2. Please Make a Substantial Plea in Accordance with the Following Requirements
The defendant's opinions will mainly focus on three aspects:
19.2.1.Put forward an agreement or objection to the plaintiff’s claim and clarify the reasons and their basis;
19.2.2.Put forward an agreement or objection to the facts and evidence provided in the plaintiff’s claim and clarify the reasons and their basis;
19.2.3.Put forward an agreement or objection to reasons in the plaintiff’s claim and clarify the reasons and their basis.
If the defendant accepts the claim or the fact stated by the plaintiff in whole or in part, the other party shall apply to the court for direct judgment based on the accepted content.
In the answer brief, the intention of settlement or mediation may be stated, and the corresponding mediation plan shall be put forward. The answer brief shall not be withdrawn and arbitrarily denied after the submission. If the plaintiff adds, changes the claim, or proposes new facts and reasons, the defendant may supplement the pleading.
19.3. Notice of Unfavourable Consequences Resulting from Non-Defense.
If the defendant does not reply in accordance with the law, the plaintiff shall provide necessary evidence and make reasonable explanations for the facts. The judge shall examine the claims and the evidence submitted by the plaintiff, and shall not delegate or substantially delegate the defendant for defense or confrontation.
If the defendant has submitted the answer brief, but was not present in trial, the plaintiff has a choice to respond or not. If the plaintiff does not respond to the defense opinion, the judge shall confirm in accordance with the evidence and regulations.
If the defendant does not reply without due reason, which results in delaying the lawsuit, the plaintiff may require the defendant to pay for the increase in attorney fees.
If there are any circumstances as follows in the defense, the court may, in accordance with its functions and powers, admonish and instruct the party concerned to correct it by adjusting the distribution of the litigation costs.
19.3.1.The content of an answer brief has nothing to do with the case;
19.3.2.The content of defense in trial is seriously inconsistent with the answer brief;
19.3.3. The terms of the defense contain abusive or insulting words;
19.3.4.The bad attitude of oral pleading which disrupts the order of court;
19.3.5. Other acts of defense contrary to honesty.
If the defense is seriously inconsistent with the facts and the content is in fraud of law, regulations and state policies, or involves malicious collusion, which damage the lawful rights and interests of the state, the collective, the public interest or the third party, the defendant shall bear the legal responsibility according to the law and shall be recorded into the individual litigation credit system.
