The absence of the defendant does not affect the normal trial.
Article 130 of my country's "Civil Procedure Law" stipulates: "If the defendant refuses to appear in court without justifiable reasons after being summoned by subpoena, or leaves the court midway without permission of the court, a judgment may be made in absentia."
Three conditions must be met for a default judgment against the defendant:
1. There is evidence that the court has issued a summons to the defendant:
2. The defendant refused to appear in court or left the court midway:
3. There is no legitimate reason for the defendant to fail to appear in court or to leave the court midway.
There are four types of evidence proving that the court has issued a summons to the defendant.
1. The judge will hand the summons directly to the defendant, and the defendant will sign the receipt of service after receiving the summons;
2. The court will mail the summons by registered mail to Defendant, the defendant signs the receipt of the registered mail;
3. If the defendant refuses to accept the subpoena, the neighborhood committee and neighbors should be present. The judge will place the subpoena at the defendant's residence in public, and witnesses will sign to prove that the defendant refuses to sign.
4. If the whereabouts of the defendant are unknown and the defendant cannot be served by the above methods, the court shall entrust a newspaper to publish a service announcement. 60 days after the announcement is published, it will be deemed to have been served regardless of whether the defendant has seen the newspaper. The attachment to the newspaper in which the announcement was published shall be used as proof of service.