Annex B
SUMMARY OF CIVIL PROCEDURE IN GUANGDONG COURTS
A.
The plaintiff is usually a unit (i.e. company,
enterprise or other place of work) by whom a responsible
person, known as an agent ad litem, is entrusted to lodge the
claim and conduct the proceedings. The various forms used by
the Courts clearly contemplate proceedings between units
rather than individuals. There is, however, nothing to
prevent an individual sueing or being sued. Where the
defendant is a unit (i.e. corporate body or partnership in
the case of Hong Kong), it must appoint an agent ad litem to
defend the case. An agent ad litem or an individual party
Annex C(b) may appoint a representative under a form of Power of
Attorney to conduct the proceedings on his behalf. An agent,
an individual party or a representative may retain a PRC
lawyer.
Annex C(a)
Annex C(c)
B.
The plaintiff lodges a claim with the appropriate
Court. Upon filing of the claim, the claim will be
scrutinized by the Court, which may, if it is not satisfied
that the claim is a proper one, reject it. If the claim is
accepted by the Court, a Notice of Appearance is served upon
the defendant. The Notice is accompanied by copies of the
plaintiff's complaint, a form of Power of Attorney and a
Return Form of Service. The defendant is expected to respond
to the Notice of Appearance by submitting his defence and
details of the evidence, including copies of any documentary
evidence.
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