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In the case of Wan suing Wu for personal injury compensation, after the trial of two levels of courts, both judgments supported Wan's litigation claim, and Wu was dissatisfied and applied for a retrial. In the retrial, Wan did not attend the trial, nor did he explain his reasons to the court.
This involves a default judgment in a retrial, and how does the court proceed with this?
1. If, in the first instance, the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or withdraws from the court without the permission of the court, the lawsuit may be dismissed. The case was tried by the courts at two levels, and the effective judgment was the second-instance judgment. Where a party applies for a retrial, the retrial is to be tried in accordance with the second-instance trial procedures, and Wan's absence cannot be regarded as a withdrawal of the lawsuit.
2. During the retrial procedures, where the person applying for retrial is summoned by a summons and refuses to accept questioning without a legitimate reason, it may be ruled that the application for retrial is withdrawn. In this case, Wan was not the person applying for retrial, and he did not attend the trial and did not explain the reasons to the court, which is deemed to have waived the right to make a statement and defense. Wu has already attended the trial, so he cannot rule to withdraw the lawsuit, and it is deemed to have withdrawn the application for retrial.
3. In this case, there is no statutory circumstance for suspending the litigation as provided for in Article 153 of the Civil Procedure Law, and the suspension of the litigation cannot be ruling.
4. Where the defendant is summoned by a summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia. Where the requirements for a default judgment are met in the retrial, a judgment in absentia may be made. Therefore, if Wan refuses to appear in court without a legitimate reason after being summoned by summons, the court may make a judgment in absentia.
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