ContentI. IntroductionII. Ten step to take before filing lawsuitIII. How to filing lawsuitIV. Litigation Costs ( Civil Procedure ) A. Filing Fees B. Court Fees other than tax C. Party CostsV. Court Fees ( Criminal Procedure)VI. ConclusionVII. References
I. Introduction Terminology What is Lawsuit? Lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendants actions, demands a legal or equitable remedy Fee for lawsuit Fee for lawsuit is the among of the spending in the process when we filing lawsuit.
Ten steps before filing lawsuit1. Evaluate Whether You Have a Good Case2. Determine the Theories of Law Under Which You Will File Your Case3. Determine Whether You Have Evidence to Prove Your Case4. Determine Whether There Are Witnesses to Help Prove Your Case5. Determine the Expenses You Will Incur, and Be Financially Prepared
CON’T6. Consider Whether You Have the Physical and Emotional Energy7. Think About Whether the Defendant Will Sue You Back8. Carefully Consider Whether Youll Be Able to Collect on a Judgment9. Check Whether Your Lawsuit Is Timely10. Attempt to Settle Your Dispute by Less Costly Means
How to filing lawsuit Plaintiff files a complaint and summons with the local county court. When a matter becomes involved in a lawsuit, the process becomes known as litigation. The complaint and summons are served on the defendant or a designated registered agent. After being served, the defendant has a specified time period to file an answers with the Court. The next stage of the lawsuit process is known as discovery. Discovery allows for each party to request information including answers to questions and documents
CON’T Failing to respond to discovery in a timely or factual manner can lead to severe legal consequences. However, the opposing counsel will typically file a motion to compel. A motion to compel asks the judge to enforce the discovery requests against the opposing party A motion for entry default judgment should be filed when the defendant fail to answer the complaint. Most lawsuits then proceed into mediation where a settlement is hopefully reached between the parties
CON’T If mediation is not successful, or the case goes directly to trial, a judge or jury will make a ruling and enter a judgment at the close of all evidence and argument. After the judge enters a judgment, the losing party will have to pay on the judgment. Many parties fail to pay the judgment. Upon failure to act or pay on the judgment, the winning party may need to enforce the judgment.
II. Litigation Cost (Civil Procedure)A. Register Tax When lawsuit occurred, plaintiff need to paymoney due to other objectives: If the cost of lawsuit is 10 million Riels, so it must pay 1.000 R per 100.000 R. More than 10 million until 100 million Riels, it must pay 700 R per 100.000R. More than 100 million until 1000 million Riels, it must pay 300 R per 100.000R. Mote than 1000 million Riel, it must pay 100 R per 100.000R.
Court costs other than filing fees Amounts determined by the court as set forth below shall be paid as court costs by the parties or by persons interested in the case: (a) an amount which is necessary for the court to investigate the evidence, deliver documents, or carry out any other procedural act during civil litigation; (b) an amount equivalent to necessary travel and lodging costs for a judge and a court clerk, where investigation of the evidence, investigation of the facts, or other action is to be carried out outside the courtroom.
PARTY COST In addition to those costs set forth in Articles 61 (Filing fee) and 62 (Court costs other than filing fees), the amount of costs set forth below which the court determines as reasonable by taking into account of the nature of the case, the financial ability of the parties, and other relevant factors, shall be deemed litigation costs: (a) costs incurred in producing documents such as complaints or other types of motions, preparatory documents for oral argument, etc. and costs incurred in submitting such documents to the court; (b) travel costs, per diem allowances and lodging costs incurred in connection with the appearance of the party and his/her representative at court; and (c) other costs approved by the court as necessary for carrying out the litigation.
Apportionment of litigation costs Litigation costs shall be borne by the losing party. The apportionment of litigation costs between the parties in case of a partial defeat shall be left to the discretion of the court. Notwithstanding the provisions of Paragraph 1, the court may, in accordance with the circumstances, impose all or part of the litigation costs on a prevailing party Joint parties shall bear an equal share of the litigation costs.
Lawsuit Registration Tax◦ Cases First instance Appeal court Supreme courtCivil 1,000.00R 1,500.00R 2,000.00RCommercial 1,000.00R 1,500.00R 2,000.00RLabor dispute 1,000.00R 1,500.00R 2,000.00RAdministrative 1,000.00R 1,500.00R 2,000.00RThese are up on to Article 7 of Law on Court’s Fee.
Court Fee ( Criminal Procedure) Article 553: Court Fees The court fees shall be the responsibility of the State. The list of court fees, rates tables of the court fees and the general modalities shall be determined by Prakas. Article 554: Proceeding Taxes Each convicted person is required to pay a lump sum of proceeding taxes to the State. The amount of the proceeding taxes may vary depending on the type of case. The amount of the proceeding taxes shall be determined by Prakas.
V. ConclusionThere are many step we need to know before we want to filinglawsuit. We need to know whether we had enough equipmentto deal with it or not. Fee for law suit is very important in termof limit how to pay in any cases in the court. Therefore, Bothparty must pay their cost to the court.
VI. References Civil Procedure, Art. 61 and 62 Criminal Procedure, Art. 553 and 554 www.thefreedictionary.com/lawsuit www.northwestregisteredagent.com/lawsuit.html www.allbusiness.com/10-steps-before-file- lawsuit/16691363-1.html