On 30 January 2020, the Academy of Justice within the Continuous Training Program (CTP) conducted a training on: “Preliminary review of the lawsuit and preparatory session”.
The purpose of this training was to advance the knowledge of judges regarding the preliminary review of the lawsuit as a special part of the contested procedure.
During the first part of the training were discussed issues related to procedural presumptions, classification, procedural presumptions regarding the court, the parties, the subject matter of the dispute and procedural presumptions regarding the lawsuit. Following were elaborated court's decisions on removal of procedural obstacles, doping of the lawsuit as inadmissible, the existence of territorial and subject-matter jurisdiction as a procedural presumption and postponement of adjudication on certain issues, as well as the response to the lawsuit.
The preliminary review of the lawsuit is under mandatory stage of preparation of the main trial on the legal case. This phase begins from the moment the lawsuit is filed and lasts until the commencement of the main trial. The following was discussed about general territorial jurisdiction, special territorial jurisdiction, exclusive territorial jurisdiction and selected territorial jurisdiction.
Furthermore, was elaborated the scheduling and holding of the preparatory hearing, when does the court schedules the hearing, is it after obtaining the respondent's response to the lawsuit, if the respondent didn’t respond to the lawsuit, the conditions for rendering a judgment due to disobedience, whereas the court should call a preliminary review after the legal deadline for submitting a written response to the claim. It was also stated that the court should be cautious when deciding to return the lawsuit to be supplemented, due to requiring the plaintiff to present the facts.
Beneficiaries of this activity were judges of the basic courts of civil divisions and professional associates.
30-01-2020