Comparison of civil process

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Comparison of civil process

  1. 1. Comparison of civil process Bolor-Erdene.M
  2. 2. Civil procedure code of Mongolia Civil procedure rules How does a claim proceeding start? -To issue claim 3.1. Any person, whose human rights, freedom, and legally protected interests provided by legislation of Mongolia and international treaties to which Mongolia is a party, are considered to be violated, is entitled to apply to the Court for protection of the rights, in accordance with the procedures provided by this Law and in the form of claim, request or complaint. -To issue claim But: 7.2 (1) Proceedings are started when the court issues a claim form at the request of the claimant. (2) A claim form is issued on the date entered on the form by the court.
  3. 3. Civil procedure code of Mongolia Civil procedure rules 3.2. Alternative claim, request or complaint resolution procedures, regarding protection of the rights provided by paragraph 1 of this Article, may be adopted by legislation. 3.3. Legal disputes, jurisdiction of which is not determined by legislation, shall be resolved by a Court according to the procedures provided by this Law (A person who seeks a remedy from the court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction must make an application under Part 23) (Part 16 sets out what the claim form must include)
  4. 4. Civil procedure code of Mongolia Civil procedure rules Contents of the claim form 62.1 A claim shall contain the following: 62.1.1 the title of the Court in which the claim is filed; 62.1.2 the family name, father's name and name of the plaintiff, place of residence, or, if it is a legal entity, title, address and the place where it is situated 8.2 Where the claimant uses the Part 8 procedure the claim form must state— (a)that this Part applies; (b)(i)the question which the claimant wants the court to decide; or (ii)the remedy which the claimant is seeking and the legal basis for the claim to that remedy;
  5. 5. Civil procedure code of Mongolia Civil procedure rules 62.1.3 the family name, father's name and name of the defendant, place of residence, or, if it is a legal entity, title, address and the place where it is situated; 62.1.4 basis and demand of the claim, and their evidence; 62.1.5 the value of the claim; 62.1.6 a list of documents attached to the claim. (c)if the claim is being made under an enactment, what that enactment is; (d)if the claimant is claiming in a representative capacity, what that capacity is; and (e)if the defendant is sued in a representative capacity, what that capacity is.
  6. 6. Civil procedure code of Mongolia Civil procedure rules The period for filing an acknowledgment of service 72.1 A claim shall be handed over to a defendant within 7 days in the capital city, 14 days in the rural areas after the date of initiating a case. 72.2 A defendant must submit evidence proving grounds for accepting or rejecting the claim's demand to the court within 14 days after receipt of a claim or within a period determined by the court. 10.3 (1) The general rule is that the period for filing an acknowledgment of service is— (a)where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and (b)in any other case, 14 days after service of the claim form.
  7. 7. Civil procedure code of Mongolia Civil procedure rules COUNTERCLAIMS 73.1 The defendant is entitled, before decision is pronounced by the Court, to file a counterclaim against the plaintiff to be tried with the original claim. The counterclaim shall satisfy the requirements specified in article 62 of this Law 20.4 (1) A defendant may make a counterclaim against a claimant by filing particulars of the counterclaim. (2) A defendant may make a counterclaim against a claimant— (a)without the court’s permission if he files it with his defence; or (b)at any other time with the court’s permission.
  8. 8. Civil procedure code of Mongolia Civil procedure rules JUDGMENT 11.2 If citizen or legal entity does not abide by the court decision voluntarily, they will be forced to abide by the court decision according to grounds and procedures specified in the law. If a defendant is ordered to pay by a judge and fails to do so, the claimant can enforce the judgment in the Magistrates ‘Court’

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