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The defendant's nationality is China, but his residence is abroad. How should relevant litigation materials and legal documents be served?

By Ningbo Intermediate Court

· Procedure,Laws and Regulations,Transnational Commerce

 From: Judiciary answers to 14 DifficultQuestions about Foreign-related Commercial Trials By Ningbo Intermediate People's Court, Zhejiang Province, PRC 

 Answer: According to the provisions of Article 5of the Notice on Several Issues Concerning the Mutual Entrustment of Service of Legal Documents by Chinese Courts and Foreign Courts through Diplomatic Channels and Article 267 of the Civil Procedure Law of the People's Republic of China issued by the Supreme Court, the Ministry of Foreign Affairs and the Ministry of Justice in 1986, Chinese people who do not reside in the territory of China can be entrusted to the Chinese embassies and consulates in their home countries for service. Consular service does not require translation of litigation documents. At the same time, the Hague Convention on Service can also be applied for service. 

 

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