Civil Procedure in Civil Lawsuits

Civil Procedure in Civil Lawsuits

Civil claims are adjudicated in accordance with the rules of the Civil Procedure Code, while criminal cases are examined pursuant to the Criminal Procedure Code. Article 1 of the Law on Civil Procedure of the Courts defines civil procedure as “the collection of principles and regulations applied in the adjudication of civil and commercial disputes before the General Courts, Revolutionary Courts, Courts of Appeal, the Supreme Court, and other authorities that are legally required to observe them.”

When two individuals become involved in a civil dispute, they must refer their claim to the General Courts for examination in accordance with the requirements of civil procedure. In previous years, individuals were required to visit the prosecutor’s office or a police station to register their complaints and request judicial review by providing details of the claimant and the opposing party. At present, to facilitate public access, all such matters may be carried out through Electronic Judicial Service Offices. As is well known, the investigation of criminal complaints is within the prosecutor’s office’s jurisdiction, and after preliminary inquiries, the case is referred to the court. Civil claims, however, are submitted directly to the court from the outset.

The Role of a Lawyer in Drafting and Filing a Civil Petition
The Difference Between Criminal and Civil Claims

One of the principal distinctions between criminal and civil claims is that a civil claim must be submitted in a specific written form known as a petition; it will not be legally considered if submitted in any other form. If submitted in any other form, another important difference is that in a civil claim, the claimant may withdraw the action, thereby terminating the case. In contrast, in criminal matters, the public prosecutor is a party to the proceedings, and even the withdrawal of the complaint does not necessarily result in the case being closed. In civil claims, court costs increase in proportion to the financial value of the claim,  whereas in criminal cases they are generally fixed. As previously noted, civil and criminal claims also differ in their nature. Civil claims concern compensation for harm and the restoration of rights, whereas criminal cases relate to crimes and the imposition of punishment.

Key Points Regarding Court Hearings

In civil proceedings, it is advisable to seek the assistance of an experienced lawyer to avoid losing rights due to inattention or a lack of legal knowledge. A skilled lawyer is familiar with the procedural aspects of court hearings and understands which matters require careful attention and which documents must be presented. One crucial requirement is that the claimant or their lawyer must submit the original documents referenced in the petition to the court; failure to do so, particularly where the records are not official, may result in the dismissal of the claim. This obligation also applies to the defendant, who must present all documents and evidence intended for their defense.

What Is a Counterclaim?

When one person files a claim against another, the law grants the opposing party the right to bring a counterclaim in response to the original allegation. These two claims are closely connected, and the outcome of one may affect the other. To submit a counterclaim, a separate petition must be prepared and filed with the court no later than the conclusion of the first hearing.

Frequently Asked Questions About Civil Procedure in Civil Lawsuits