Insights

How to Contact the Undertaking Judge after Ningbo Divorce Case Filing

After a divorce case is filed with the court, many parties wish to inquire about the progress, submit additional materials, or discuss their willingness to mediate, but they do not know how to contact the judge handling the case. One sentence conclusion: the most formal channel to contact the judge after filing the case is to call the 12368 litigation service hotline (0574-12368 in Ningbo) to inquire about the case number and the host judge, and then contact through the internal extension of the court, or convey it through the clerk and litigation service window. Communication involving the substantive contents of the case should be conducted through formal court hearings, written opinions or proof channels, and it is not appropriate to "talk about the case" by phone with the case in private with the case ". Procedural issues may be raised verbally; substantive issues must be submitted in writing—this is the overarching principle for interacting with the trial team.

1. Legal Basis and Institutional Background

Article 16 of the Civil Procedure Law of the People's Republic of China stipulates that, with the consent of the parties, civil litigation activities may be conducted online through information network platforms and shall have the same legal effect as offline litigation activities. The Supreme People's Court has issued the Online Litigation Rules of the People's Courts (Fa Shi [2021] No. 12) and the Online Mediation Rules of the People's Courts (Fa Shi [2021] No. 23), providing a normative basis for online filing, online mediation, online trial and litigation services. On this basis, courts around the world generally set up 12368 litigation service hotlines to provide parties with services such as case inquiry, litigation consultation, contact with judges, complaints and suggestions, etc. The 12368 is not only the "switchboard" between the parties and the court, but also the institutional arrangement to prevent the parties from directly calling the judge's private phone number and to ensure the neutrality of the trial.

The limits on the right to contact the presiding judge also stem from the procedural fairness requirements of the Code of Civil Procedure: judges shall adjudicate cases in an objective and impartial manner and may not, on their own initiative, communicate with one party to discuss the merits of the case. If a party directly presents substantive claims related to the case to the judge, such statements may not only be disregarded but could also be used by the opposing party to cast doubt on the fairness of the proceedings. Therefore, it is more important to know "which words can be said through which channels" than to find a certain phone number.

From a broader perspective, behind the 12368 hotline and litigation service mechanism is the principle of judicial openness and convenience: except for state secrets, personal privacy or other provisions of the law, parties to divorce cases can apply for consulting and copying materials related to the case according to law; those involving privacy concerns can apply for non-public trial. Understanding these system boundaries helps to find a balance between "contacting the court" and "protecting privacy"-the need for written materials to go through the file and window channels, and those who do not want to make public the application for closed trial in a timely manner.

2. four formal contact channels and applicable scenarios

  1. 12368 litigation service hotline-the most formal and universal. Dial the area code 12368, select the court and inquiry service according to the voice prompt, and you can get the case number, the name of the judge in charge, the information of the clerk, and you can also leave a message to convey; some areas have supported online inquiry through the court's WeChat public number or small program. Ningbo can access the local court hotline by calling 0574-12368.
  2. Indirect communication through the clerk—most commonly used. the clerk is the judge's case assistant, responsible for scheduling, service, notice and other matters. It is usually easier to contact the clerk than to contact the judge directly, and the clerk will convey the necessary information to the judge in a timely manner. Submitting additional evidence, inquiring about the trial date, and expressing an intention to mediate are all matters best addressed by first contacting the court clerk.
  3. Written submission at the litigation service window-most suitable for submission. Go to the court litigation service window, submit the materials in writing and indicate the case number, which will be transferred to the trial team by the staff of the window; when it is necessary to submit supplementary evidence or written opinions, this channel can leave a sign-in record to avoid "having the final say".
  4. Online platform-Zhejiang local is especially convenient. Inquire about the progress of the case, submit materials, and make an appointment to contact the judge through the "People's Court Online Service" WeChat applet, Zhejiang Court Network and other platforms, and some matters can be completed online; lawyers can also connect with the trial team through the court intranet or case-handling platform.

3. Timeline of procedures and contact points after case filing

Divorce cases usually go through the following stages from the submission of materials to the conclusion of the trial, and the "contacts" of different stages are different:

  1. Pre-litigation mediation stage (before filing a case): Ningbo court generally conducts pre-litigation mediation first. At this time, the official case number and the host judge may not be assigned yet. You should contact the mediator or the court litigation mediation center, and do not rush to find the host judge.
  2. the stage of filing a case: after filing a case, the court shall serve the acceptance notice and the notice of responding to the case, which generally contain the case number, the court in charge and the information of litigation service; keep the acceptance notice, payment voucher and short message notice.
  3. Stage of scheduled hearing: the summons of hearing will specify the time and place of the hearing and the composition of the collegial panel (or sole judge); those who need to postpone the hearing or apply for withdrawal should be submitted in writing within the legal time limit.
  4. Trial and judgment stage: the trial limit of the ordinary procedure applied to the first-instance divorce cases is generally six months, and that of the summary procedure is generally three months; the family cases may be mediated first, set a cooling-off period, and the trial limit will be extended accordingly. Frequent urging will not substantially speed up progress, but may affect the judge's perception.
  5. Special points after the judgment: the judgment forbids divorce or mediation and reconciliation of divorce cases, there is no new situation, new reasons, the plaintiff within six months of the prosecution, the court will not accept; withdrawal or withdrawal of the prosecution within six months after the treatment of prosecution and prosecution is also limited. Only by understanding these nodes can we judge "who should be contacted now and whether to rush or not".

4. boundary conditions: what can and cannot be said

First, procedural matters (inquiring about the progress of the case, the time of the court session, and the requirements for supplementary submission of materials) can be communicated through 12368, clerks or windows; second, substantive matters (property division plan, custody claim, mediation conditions, evidence opinions) should be expressed through formal court hearings, written agency statements, cross-examination opinions or mediation procedures organized by the court, and should not be discussed privately on the phone-unilateral contact violates the principle of neutrality, oral expressions are also easy to be distorted and have no evidence to check. Third, the entity communication in the pre-litigation mediation stage should be directed to the mediator, not the trial judge. Fourth, the communication records with judges and clerks should be fixed in writing or in a way that can be retained (such as online submission and window receipt), leaving traces of important statements. Fifth, some courts have implemented a system of "one-on-one contact between judges" or notification of litigation services, when filing a case, the undertaker will be informed of the information. Even so, it is still recommended to give priority to 123

68and written channels.

Finally, it emphasizes the discipline of communication: do not meet with judges or clerks in private, do not accept any hints of "help", do not pass on out-of-case interest arrangements through intermediaries; exercise restraint in communicating sensitive content with the opposing party and its agents, and avoid taking out-of-context arguments or unilateral statements after being recorded. The frequency of communication is based on the principle of "contact only when something happens": contact is sufficient when there are substantive matters (submission of materials, inquiry of scheduling, expression of mediation intention), and confirmation can be taken the initiative before and after important nodes (before the expiration of the proof period and one week before the hearing) to avoid missing the arrangement; Repeated greetings without incident are neither necessary nor easy to leave a bad impression. Proper written communication not only protects oneself but also demonstrates the most basic respect for court proceedings.

5. Checklist of Practical Communication Tips

  1. Keep the acceptance notice, short message and litigation service notification materials after filing the case, and record the case number, court and contact person at the first time;
  2. Call 12368 (0574-12368) to inquire about the case number, the name of the handling judge, and the name of the court clerk.
  3. If additional materials are required or if you wish to express an intention to mediate, please first contact the court clerk, provide the case number and the reason for your request, and arrange the method of submission.
  4. Important procedural matters (property preservation, extension of evidence, application for investigation and evidence collection) shall be submitted by written application, indicating the case number and contact information;
  5. Substantive claims (including division of property, child custody arrangements, and damages) shall be presented through the answer, written submissions, or at trial, and shall be accompanied by accurate completion of the court’s requirements, such as the declaration of assets.
  6. The telephone communication should be conducted in the non-court time during the working hours of the court, and the reason should be explained once and not repeatedly dialed;
  7. If a party has entrusted a litigation agent, the agent shall liaise with the trial team through official channels, which is more efficient and compliant.

6. the essentials of written communication

The communication with the judge and the clerk, the oral inquiry is suitable for "asking about the progress and about the time", and the application involving rights must be submitted in written documents and leave marks. Documents commonly used in divorce proceedings include:

  1. Supplementary evidence and evidence list: indicate the case number, the name of the evidence, the purpose and the source of the proof, submit it before the expiration of the proof period, indicate the number of copies and keep the sign-in record; the electronic evidence is attached with the original carrier description.
  2. property declaration form: the courts of ningbo and other places carry out the property declaration system in divorce proceedings. they should truthfully declare the common property of husband and wife according to the requirements. if the declaration is not true, they may bear adverse consequences. the declaration content is also the basis of subsequent cross-examination and water check.
  3. Application for investigation and evidence collection: if bank records, real estate registration, social security records and so on need to be retrieved, the investigated unit, the retrieved content, the time interval and the facts to be verified shall be stated and submitted within the time limit for proof.
  4. Application for adjournment of hearing and adjournment of evidence: specify the reasons and the required time limit. If there are legitimate reasons (such as extraterritorial evidence collection, serious diseases and force majeure), the court will generally allow them.
  5. Withdrawal application: If you think that the judges have an interest in the case and may affect the fair trial, you should put forward and explain the reasons when the case starts to hear.

All written documents should indicate the case number, parties and contact information, and submit and keep a copy through the litigation service window, clerk or online litigation platform; if submitted by mail, use EMS and keep the face list. After oral communication of important matters, it is recommended to confirm it again in writing to prevent the information from being distorted in the transmission.

7. Common misconceptions and correct answers

  1. Misunderstanding 1: If the judge can't get through the phone, he will not answer it on purpose. Most of the time, the judge is in court, in a meeting or out-of-town, and it is normal for the office phone to be unanswered, which is not to be evaded intentionally; you can change to the channel of 12368 message or clerk.
  2. Misunderstanding 2: Talking directly with the judge about the case can better express the appeal. If the judge communicates the case directly with one party in private, it may violate the rules of unilateral contact prohibition, which is not conducive to the fair trial of the case; substantive opinions should be written or expressed in court.
  3. Misunderstanding 3: Frequent phone calls can speed up the progress of the case. There are legal trial limits in the trial of cases, and the judge advances according to the procedure. Frequent urging will not substantially speed up, but may affect the judge's impression of the parties.
  4. Misunderstanding 4: The court cannot be contacted without the case number. Even if the case number has not been received, you can also inquire about the case information by 12368 the name of the party, or contact the filing window and the litigation center to confirm the progress.
  5. Misunderstanding 5: The mediation intention must be said in person. can be conveyed by mediators and clerks, and can also be expressed in the mediation organized by the court; the mediation scheme belongs to the substantive content, and it is suggested to be fixed in writing or mediation record.
  6. Misunderstanding 6: Giving gifts to judges and trusting the relationship can be "dredged". This is a serious mistake. Treating and giving gifts to judges and clerks may constitute obstruction of litigation or even bribery, harming both oneself and the other party. Whether a case can be handled fairly depends on facts and laws, and standardized communication and written expression are the most beneficial ways for one's own side.

8. Frequently Asked Questions

How long will it take to know who the judge is after a divorce case is filed?

After the case is accepted, the court will serve the acceptance notice and other documents according to the law, in which the case number and the undertaking court are stated; the undertaking judge generally informs through summons and other ways after the schedule is determined. For those who are eager to confirm, please call 123

68(Ningbo 0574-12368).

Would you like to submit supplementary evidence and send it directly to the judge?

should be submitted through the litigation service window, the clerk or the online litigation platform, and the case number should be indicated, and the receipt record should be left; it is not standardized to mail directly to the judge, and it is difficult to confirm whether to enter the file. Additional evidence must also be submitted before the expiration of the time limit for proof.

The case is still in pre-litigation mediation. Who should I contact?

Contact the mediator or court appeal center. During the pre-litigation mediation phase, a formal case number and the presiding judge have not yet been assigned; at this stage, the judge has not yet become involved, so contacting the mediator is the appropriate course of action.

What should I do if the other party calls the judge to "say hello" outside the court?

If it is found that the other party contacts the judge unilaterally, which may affect the fair trial, it can report to the host court or apply for recusal according to law; the other party should also avoid the same kind of behavior, and the substantive opinions should all go through formal channels.

Do divorce cases have to go through mediation?

Yes. When hearing divorce cases, the court should mediate first. Mediation is a legal procedure rather than an option. Mediation runs through before and during litigation, and only when mediation fails can it be transferred to trial. The mediation in the pre-litigation stage is presided over by the mediator, and the mediation in the litigation is organized by the host judge or the collegial panel. The mediation plan involves substantive rights and must be cautious before signing.

9. Practical Insights from a Lawyer

After filing a case, many parties want to know the progress, submit supplementary materials or express their willingness to mediate. The first reaction of many parties is to call the judge to communicate directly. In fact, this road is neither easy nor safe. The most formal channel is to call the local 12368 litigation service hotline, inquire about the case number and the host judge with the identity information, and then contact through the court's internal extension or the clerk. One general principle should be remembered: procedural questions can be asked, claims involving the substantive content of the case should be written and formal channels should be followed, and it is not appropriate to make private phone calls to the judge to discuss the case.

Communication channels should be selected according to the reasons. When inquiring about scheduling, delivery, supplementary evidence and expressing mediation intention, it is usually more efficient to contact the clerk first, who will be responsible for conveying it to the judge. If supplementary evidence or written opinions need to be submitted, they should submit them in writing at the litigation service window and indicate the case number, so as to leave a record of receipt and avoid verbal decision. Many regions can also inquire about progress and submit materials through online channels such as the People's Court's Online Service applet and the court's website. Regardless of the channel, it is recommended to remember the time, reception and content, and form a short record if necessary.

There are several boundaries to hold. Do not state the entity's claim to the judge, submit materials or inquire about the other party's information in informal occasions, which may be questioned by the other party about the fairness of the procedure. If personal privacy is involved, you can apply for a closed hearing according to law, and pay attention to the way of marking papers and using materials. If you really can't get in touch or have any objection to the handling, you can continue to leave a message through the 12368 and report it to the litigation service center or the trial management department, instead of repeatedly calling the judge's private phone number or going to the court gate to block it. Standardizing these will make communication more efficient and will not cause unnecessary trouble to the case.

After the divorce case is filed, the principle of communicating with the court is "to find a hotline and a clerk for procedural issues, and to follow the formal procedure for substantive issues in writing". Record all the information of the case number, the host judge and the clerk, and hand out the supplementary materials, property declaration and mediation intention through formal channels, which not only meets the procedural requirements, but also avoids affecting the neutrality of the referee or the judge's perception due to improper communication methods. If an agent is entrusted, it is more efficient to connect by the agent; no matter what method, important communication must be left.