It depends on the specific situation. It may be on the road and the plaintiff’s home is far away. After the court makes a judgment, it will usually be delivered at the same time. Some will call the court to pick it up, and some will mail it directly. It is not necessarily who receives it first. After the first-instance judgment is served, if neither party appeals within the statutory time limit, the judgment will take effect and there will be no second instance; if one party files an appeal, the case will enter the second instance procedure.

Legal Analysis

According to relevant laws and regulations, if you have participated in a court trial before, and the court judgment is delivered in a legal manner, the party will be deemed to have received it, and you can apply after it expires. executed. The court clerk can call the parties to notify them to come to court to sign and receive the judgment, or they can deliver it by mail to the address filled in by the parties in the confirmation of address for delivery of litigation documents. The plaintiff was not notified when the judgment was issued, but the defendant was notified that he could ask the judge handling the case to obtain the judgment. Service is an act of the court delivering relevant documents to a person serving them. Common service methods include direct service, retained service, entrusted service, mailed service, etc. It is generally determined by the court based on the circumstances. The defendant received the judgment but the plaintiff did not. It may be that the plaintiff is far away from the court, resulting in a delay in the delivery date. Administrative first-instance judgment. The first-instance judgment will automatically take effect within 15 days of receipt of the judgment if no appeal is made. Criminal judgment of first instance. The first-instance judgment will automatically take effect if there is no appeal within 10 days after receiving the judgment; the second-instance final judgment system means that the second instance is the last trial, and there is no such thing as an appeal in the second instance. Therefore, civil, administrative and criminal second-instance judgments become effective upon service. It is possible that both parties did not receive it at the same time.

Legal Basis

Article 164 of the "Civil Procedure Law of the People's Republic of China" If the party dissatisfied with the first-instance judgment of the local people's court, he or she shall have the right to submit an appeal in the judgment An appeal shall be filed with the People's Court at the next higher level within fifteen days from the date of service. If the party concerned is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the ruling.

"Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China" Article 164: For the guaranteed property provided by the person applying for preservation or others, the People's Court shall, in accordance with the law, Handle sealing, seizure, freezing and other procedures.

"Interpretation of the Supreme People's Court on the Application of the "Civil Procedure Law of the People's Republic of China" Article 538 During the appeal period for those who are dissatisfied with the judgment or ruling of the people's court of first instance, For parties with domicile within the territory of the People's Republic of China, the time limit specified in Article 164 of the Civil Procedure Law shall apply; for parties without domicile within the territory of the People's Republic of China, Article 164 of the Civil Procedure Law shall apply The time limit specified in Article 269. If the appeal period of the parties has expired and there is no appeal, the judgment and ruling of the first-instance People's Court shall become legally effective.