If the defendant forgets to go to court if it does not affect the trial, the court will execute the default judgment. If the court does not open, he should go early next time to avoid the case being heard.

A default judgment in a civil lawsuit is a judgment made by the court in the absence of one party. Normally, in order to avoid litigation consequences that are unfavorable to them, parties will appear in court on the day of oral arguments and argue. However, due to the nature of private law in civil litigation, parties have the right to dispose of their own rights. Moreover, in practice, there are often factors that prevent parties from appearing in court, so it is inevitable that parties cannot appear in court. This situation is a default judgment.

Legal Basis

Article 143 of the "Civil Procedure Law (2012 Amendment)" If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a subpoena, or fails to file a lawsuit without If it is allowed to withdraw from the court midway, the lawsuit may be dismissed; if the defendant counterclaims, a default judgment may be made.

Article 144 of the "Civil Procedure Law (2012 Amendment)": 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 default judgment may be made.

Article 145 of the "Civil Procedure Law (2012 Amendment)": Before the judgment is pronounced, if the plaintiff applies to withdraw the lawsuit, the people's court will decide whether to allow it. If the People's Court decides not to allow the lawsuit to be withdrawn, and if the plaintiff refuses to appear in court without justifiable reasons after being summoned by subpoena, a default judgment may be made.

Article 170 of the "Civil Procedure Law (2012 Amendment)" The second-instance people's court shall, after trial, handle appeal cases separately according to the following circumstances:

(1 ) If the original judgment or ruling clearly identifies the facts and applies the law correctly, the appeal shall be dismissed by way of judgment or ruling and the original judgment or ruling shall be upheld;

(2) If the original judgment or ruling identifies the facts incorrectly or applies the law incorrectly , modify, revoke or modify the judgment in accordance with the law in the form of judgment or ruling;

(3) If the basic facts found in the original judgment are unclear, the original judgment shall be revoked and remanded to the original People's Court for retrial, or the judgment shall be changed after the facts are found out. ;

(4) If the original judgment omits a party or makes an illegal default judgment or other serious violation of legal procedures, the original judgment shall be ruled to be revoked and the case shall be remanded to the original People's Court for retrial.

If the party concerned files an appeal after the original People's Court renders a judgment on a case remanded for retrial, the People's Court of second instance shall not remand the case for retrial.

Article 200 of the "Civil Procedure Law (2012 Amendment)" If the application of a party meets any of the following circumstances, the people's court shall retry: (1) There is new evidence, Sufficient to overturn the original judgment or ruling;

(2) The basic facts identified in the original judgment or ruling lack evidence;

(3) The main evidence of the facts identified in the original judgment or ruling It is forged;

(4) The main evidence used to determine the facts in the original judgment or ruling has not been cross-examined; Unable to collect on their own and apply in writing to the People's Court for investigation and collection, but the People's Court fails to investigate and collect;

(6) The original judgment or ruling is indeed wrong in the application of law;

(7) Trial The composition of the organization is illegal or the judicial personnel who should be recused in accordance with the law have not recused themselves;

(8) A person without the capacity for litigation conduct acts on his behalf without a legal representative or a party who should participate in the litigation because he cannot be blamed Failure to participate in the litigation in person or by his agent;

(9) Violating legal provisions and depriving the parties of their right to debate;

(10) Absence without summons judgment;

(11) The original judgment or ruling omits or exceeds the litigation claims;

(12) The legal document based on which the original judgment or ruling was made is revoked or changed

(13) The judge committed corruption, accepted bribes, engaged in malpractice for personal gain, or violated the law when hearing the case.