Cautions on Actions By Hainan High People′s Court
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Cautions on Actions By Hainan High People′s CourtI. If a plaintiff from a foreign country, Hong Kong, Macao, or Taiwan files an action, such plaintiff shall present his/her ID (passport, pass, etc.) and a photocopy thereof. In case the plaintiff authorizes another person, the agent ad litem shall present a notarized or certified power of attorney, as well as his or her own ID. Foreigners, stateless persons, foreign enterprises and organizations filing or responding to an action in China must retain lawyers of the People’s Republic of China if lawyers are needed.
II. If the plaintiff sends a power of attorney or evidentiary materials from another country, or if the evidentiary materials originate from another country, such documents shall be notarized by a local notary agency and verified by the Chinese consulate in that country. Alternatively, the plaintiff may handle the certification formalities as set forth in the relevant treaty concluded between China and the host country.
III. The plaintiff shall complete the notarization or certification formalities by reference to the above paragraph if the power of attorney or evidentiary materials are sent from Hong Kong, Macao, or Taiwan, or if the evidentiary materials originate from Hong Kong, Macao, or Taiwan.
IV. If the complaint, evidentiary material, or power of attorney is in a language other than Chinese, a Chinese version shall be attached. If the opposing party is a foreigner, a version in the official language of the country where the opposing party resides shall be provided. The translation shall be executed by an officially qualified translation agency.
V. Time Periods for Foreign-related Cases
1. A defendant with no domicile in the People’s Republic of China shall answer within 30 days after receiving a copy of the complaint.
2. A party with no domicile in the People’s Republic of China shall appeal against a first-instance judgment or ruling within 30 days from the date of service of such judgment or ruling. The appellee shall answer within 30 days after receiving a copy of the appeal.
3. For service by public announcement to a party with no domicile in the People’s Republic of China, the document shall be deemed received three months after the date of public announcement.
Provided for reference only: please check http://en.hicourt.gov.cn/ for updatesUpdated vote successfully
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