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What are the documents required to be present in petty case procedure?

Documents or evidences required to be present, and promptly prepared, in proceeding a petty case are as follows:

  1. identification card and household registration of the plaintiff together with the copies;
  2. affidavit of partnership and company registration together with the copies, in the case where the plaintiff is a juristic person;
  3. copy of the defendant’s household registration and its copies;
  4. affidavit of partnership and company registration, obtained not more than one month, together with its copies, in the case where the defendant is a juristic person;
  5. evidence for proceeding the case, such as, in negotiable instrument cases, the evidence required is the cheque which the payment is denied by the bank.

If the plaintiff wants to state his or her claims verbally, the plaintiff may:

  1. contact the legal officer of the Court to record the verbal plaint in Form Mor 1 (any verbal counterclaim shall be recorded in Form Mor 2);
  2. file the record of the plaint together with the evidence, pay the court fees to the officer responsible for admission of the plaints, and fix the hearing date with the court officer.

After admitting the plaint, the Court shall issue a summons for the defendant to appear before the Court for mediation and fixing the hearing date.

When the plaintiff and the defendant appear before the Court, the Court may have the case mediated. If the parties cannot reach the settlement, the Court shall proceed with the hearing and the taking of evidence.

If the defendant does not appear before the Court on the date fixed for hearing, such defendant shall be deemed to be in default of appearance. The Court shall proceed with the trial and adjudication of the case ex parte and shall issue a decree prescribing the defendant to comply with the judgment within 15 days, without regard to the plaintiff’s request.

If the defendant does not comply with the decree within 15 days from the date on which the defendant receives the decree, or within 30 days if the decree is delivered by posting, the plaintiff shall file an application with the Court for a writ of execution.

 

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