Royal University of Law and Economic Topic Cambodian

Royal University of Law and Economic Topic: Cambodian Civil Procedure Major: International Civil Law Procedure Professor: Mateusz Prorok Presenters: Sambo Utdom, Eang Sreypich, Suy Soley, Ham Sokreth

Content 1. 2. 3. 4. 5. Introduction Litigation procedure Trial procedure to the Higher Court Special provision’s relation to the litigation Conclusion

1. Introduction

2. Litigation Proceeding �There are three important procedures: ◦ Procedure of the court of the first instance ◦ Procedure for small claim action ◦ Demand procedure

2. 1 Procedures of the Courts of First instance �Procedures of the courts of the instance are common procedure conducted by the court of First instance, namely the Phnom Penh capital court and other provincial courts of Kingdom of Cambodia.

2. 2 Procedures for small claim Action �Procedures for small claim action are special procedures to promptly settle dispute via easy procedures with small amount of money. It is also called the summary procedure of the First trail.

Condition �To conduct litigation through procedure for small claim actions, the following condition shall ne satisfied. 1. The subject matter of the action is a demand for payment of money in amount no greater than 1 million Riel ( Related to the action). 2. An application for a trail and decision based on small claim procedures shall be made, when the complaint is filed (Code of Civil procedure, Art 224)

2. 3 Demand Procedure �Demand Procedure is the procedure, which allows the obligee to quickly and easily receive execution title necessary to advance the compulsory execution for claiming for payment of money as recognized as the procedure replacing the action.

3. Trial Procedures at the Higher Courts �The trial procedure at the Higher Court is the procedure for the trail and ruling on appeal of the parties to the higher court to dismiss or change the decisions ( a judgment issued by a Court of the First Instance, a judgment issued by higher court or their rulings) rendered by the lower courts before the decision becomes final and binding. �There are three important types: ◦ Uttor appeal ◦ Satuk appeal ◦ Chomtoah appeal

3. 1 Uttor Appeal �Uttor appeal is the appellate court against a judgment of Court of the First Instance that not yet become final. Plaintiff Defendant

3. 2 Satuk Appeal �Satuk Appeal may be made by Supreme Court against a final judgment issued of the Uttor appellate court. �A Satuk appeal must be filed within one month from the date that service of the written judgment or the original judgment as similarly provide the period for filing an Uttor appeal.

3. 3 Chomtoah Appeal �Chomtoah Appeal is a independent and summary process of filing an appeal to the higher courts against a court ruling. �A motion and trial of Chomtoah appeal must conform to provision in Uttor appeal and Uttor appeal proceeding.

4. Special provision’s relation to the litigation 4. 1 Proceeding for retrial Retrial is method of special objection against a final and to request the court to cancel judgment.

4. 2 Motion for retrial is made against the binding judgment of the court for the first instance court. Can only made of judgment become final and binding that provides articles 307 and 308 and a claim shall be provide in first sentence of paragraph 1 and 3 of article 311.

4. 3 Adjudication and decision on a motion for retrial �Adjudication and decision on a motion for retrial is a type of proceeding therefore, provisions on litigation proceedings shall be applied to the trial of motion level of court. �There retrial is conducted judgment such as: ◦ First trial ◦ Second trial ◦ Third trial

4. 3 Adjudication and decision on a motion for retrial (Con’t) �First trial: the provision on the first trail proceeding shall be applied �Second trial: is judgment of the related to the Uttor appellate proceeding shall also be implemented �Third trial: is judgment of the Satuk appellate court, implemented.

5. Conclusion