The Code of Civil Procedure is a key piece of legislation that regulates the procedure of courts in civil matters. It therefore sets out the rules for court proceedings relating to civil disputes such as divorce, property disputes or debt recovery. What does the Code of Civil Procedure regulate and what can be expected from the judicial process?
The Code of Civil Procedure is the basic procedural norm that regulates the procedure of the courts in civil matters, i.e., very simply put, all matters except criminal and administrative matters. If you are going to use the courts to settle a dispute with a neighbour, a divorce with your spouse, a property dispute or a dispute with your employer, it pays to know the Civil Procedure Code. Or, in the best case, consult a lawyer. The law is also used to protect consumer rights, where consumers can sue traders for deceptive practices or failure to fulfil contractual obligations. Another example is the protection of personality, where it is possible to defend against unwarranted interference with honour or privacy.
Key principles underpinning the CPR include the principle of equality of arms, the right to a fair trial and the principle of concentration of proceedings. Each party also has the possibility to be heard, to consult the file, to propose evidence and to comment on the evidence taken. The right to legal representation is also an important element. The procedural law and rules contained in this law help to ensure that the courts decide on the basis of full and true facts. The principle of concentration of proceedings is aimed at ensuring that parties make and present their factual allegations and submissions in a timely manner and do not prolong the proceedings.
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Tip: Civil or civil litigation is a complex process, hundreds of books have been written about its process or partial aspects. But what of it is relevant to the ordinary mortal going to court? We have dealt with this in our separate article.
Parties to proceedings have a number of rights and obligations in civil proceedings which ensure the fairness of the proceedings. Fundamental rights include the right to be heard – each party has the opportunity to comment on all the facts relevant to the case and to offer evidence in support of their claims. Parties also have the right to inspect the case file, which allows them to follow the proceedings and prepare their arguments for the hearing.
Another key right is the right to representation, which means that parties can be represented by a lawyer who will act for them before the court. Obligations include the duty to provide truthful and complete information and to respect court decisions. Parties must comply with procedural deadlines and comply with the court’s instructions. Compliance with these rights and obligations is essential to achieve a fair outcome of the proceedings and to protect the rights of all involved.
Tip: Don’t know which court to go to? We have discussed the powers and jurisdiction of the court in detail in our article.
There are several stages to the civil court proceedings. The first step is the filing of a lawsuit, which the plaintiff presents to the court. The statement of claim must clearly describe what you are claiming (called the ‘statement of claim’) and the grounds for your claim, i.e. why you think it is justified. Once the statement of claim has been accepted, everything usually moves towards the ordering of an oral hearing, which is the main part of the civil procedure.
However, it may be preceded by an invitation to amend or supplement the application. The court also invites the defendant to make written submissions on the application and, where appropriate, to submit evidence. At the oral hearing, both parties (there may be more than one party on the plaintiff’s and defendant’s side) are present and have the opportunity to present their arguments and evidence.
During the hearing, evidence is taken, where the court examines evidence such as witness statements, documents or expert reports. However, it is primarily up to the litigants to be active and to propose the evidence themselves. The court may also take evidence other than that proposed if it is necessary to establish the facts and if it is apparent from the contents of the file. Once the evidence has been taken, the court shall proceed to a decision, which may take the form of a judgment or an order. The judgment shall determine the rights and obligations of the parties and shall be binding. After the judgment has been delivered, the parties have the possibility to appeal if they disagree with the decision.
Remedies in civil proceedings
Appeals are an important part of civil court proceedings as they give you the opportunity to defend yourself against a decision with which you disagree. The first remedy is an appeal, which can be lodged against a non-final decision of the court of first instance. The appeal is heard by the superior court, which reviews the decision and may modify, confirm or annul it. However, it should still be filed with the court that issued the decision, not the one that will decide it. That court will then forward your appeal with its brief and record to the Court of Appeals.
Ordinary appeals can be used as long as the decision has not yet becomefinal. Specifically, we are talking about:
The lodging of an appeal by the person entitled to appeal and within the time limit set for the appeal shall result in the suspension of the legal force and enforceability of the contested decision. However, there are judgments which are directly enforceable by operation of law, e.g. on maintenance, and therefore the filing of an appeal does not affect their enforceability. Until the appeal has been decided, it may be withdrawn.
If the court’s decision is already final, extraordinary remedies may be available under certain conditions.
One such remedy is an appeal to the Supreme Court, which is admissible only where a question of fundamental legal importance needs to be resolved. Exceptionally, other extraordinary remedies, such as an action for a declaration of confusion or a retrial, may also be brought, for example, where new facts or procedural errors have been established.
Tip: Have you been unsuccessful with your civil lawsuit? Or have you been sued and disagree with the court’s decision? Take the opportunity to appeal. We have discussed this procedure in detail in a separate article.
The costs of court proceedings can be a significant factor in the decision to bring a claim. What are they? For example, court fees, which are paid for filing a claim or appeal, legal costs and possibly other expenses such as expert reports or travel costs for witnesses. Court fees are based on the value of the case and are set by law.
Generally (although not 100%), the losing party pays the costs of the winning party, including legal costs. However, there are ways to reduce or avoid costs, for example by exempting low-income earners from court fees. The court may also decide to split the costs between the two parties. Costs are an important aspect of any proceedings and in some cases litigation may not be worthwhile given the uncertain outcome.
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