lAW OF MONGOLIA

January 10, 2002                                                                                         Ulaanbaatar

LAW ON CIVIL PROCEDURE

Part I

GENERAL PRINCIPLES FOR RESOLVING CIVIL CASES IN COURTS

Chapter One.

Basic Principles

Article 1. The purpose of the law

1. The purpose of this Law is to regulate matters related to resolving, through Court initiated civil cases, civil legal disputes originated among participants of civil legal relations.

Article 2. Legislation to civil procedure

2. Legislation to resolve civil cases in Court shall consist of the Constitution of Mongolia (The Constitution of Mongolia published in Issue 1 of 1992 of the State Information Compilation), this Law and other legislative acts adopted in conformity with them.

2. If the international treaties to which Mongolia is a party provide differently than this Law, the provisions of international treaties shall prevail.

Article 3. The right to apply to the Court

3. 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.

3. Other out of Court procedures, regarding protection of the rights provided by paragraph 1 of this Article, may be adopted by legislation.

3. Legal disputes, jurisdiction of which is not determined by legislation, shall be resolved by a Court according to procedures provided by this Law.

Article 4. Equality before the Court

4. Procedure for resolving civil cases in Court (hereinafter the "case proceedings") shall be administered on the principle of equality before the Court, without discriminating a human being by his/her ethnic and family origin, language, color, age, sex, social origin and status, wealth, profession and occupation, religion, opinion, education and other statuses, a legal person by its type of property and scope of power.

Article 5. Administration of authority to resolve cases by the Court, independence of the judges

5. Authority to resolve cases is administered by a Court established under law.

5. The judges are independent and subject only to law and the guarantee on independence of judges is established by law.

5. Interference with and influence to the judge's duty for administration of justice by the President, the Prime Minister, Members of the Great Hural and the Cabinet, officials from the Government, parties and other public organizations and by any one shall be prohibited.

5. Claim, request and complaint submitted in accordance with 3.1 of this Law shall be pre-allotted to judges pursuant to the procedure adopted by the Council of Judges of a particular Court. Based on the resolution of the Council of Judges, Chief judge or chamber head shall appoint the resolving judge/ team of judges and the head of court hearing through the Order.   

(This part was revised by the law of 03 August 2007)

(Second sentence of this part was added by the law of 24 April, 2014)

5. Litigants shall have the right to demand a case to be resolved according to allotment provided by paragraph 4 of this Article.

5. An affidavit of an attempted influence shall be filed if any person has attempted to influence a judge or a team of judges in court proceedings of a case or a dispute.

(This part was added by the law of 24 April, 2014)

Article 6. The principle of adversary hearing

6. Case proceedings shall be administered on the principle of adversary hearing.

6. The principle of adversary hearing shall be maintained at all stages of case proceedings.

6. Litigant, his/her representative and advocate shall contest by proving or denying the actual fact of the case or the guilt.

6. Litigants shall attend the court session in person and have equal rights to participate in making statement, submitting written explanation, presenting and examining evidences.

6. Litigants shall be obligated to submit realistic explanation and present important and well-grounded evidences for resolving the case.

6. Explanations in regards to demands of the claim shall only be issued by litigants. This article shall not apply to cases to be resolved in accordance with article 133 of this Law.

(This part was amended by the law of 24 April, 2014)

Article 7. Language and script of case proceedings

7. Case proceedings are conducted in Mongolian language and documented by the script used for conducting official affairs of the state. If the Court deems necessary, video and audio recording of the case proceedings may be made.

7. Persons who do not possess the state official language and script shall have the right to submit explanations, make statements, and present evidence in his/her mother-tongue or possessed language/script, or to use signs, gesticulations and special characters if persons are unable to communicate through the state official language and script due to blindness, muteness, and deafness.

7. Court shall be obligated to present, through interpreter, explanation, evidence and statement submitted by persons described by paragraph 2 of this Article to participants of the case proceedings and present the case proceedings to such persons.

7. Evidence written down in a foreign language shall be translated by officially licensed translator into Mongolian language and certified by notary public.

(This part was removed by the law of 10 February, 2011)

Article 8. Open session of Court

8. Court sessions of all instances shall be held openly.

8. Court sessions can be held fully or partially closed when an evidence is related to secrecy of the state, organization and personal life and upon the request of participants in the court session.

8. No persons under the age of 18 years, or legally incapable individuals, or under influence of alcohol or narcotics may be present in the Court room unless they are participants in the court session.

8. Judge and participants in the session shall be prohibited to disclose secrecy of the state, organization and personal life that was made known during closed session or was trustfully stated to the judge in relation to his/her official duty.

Article 9. Court session to be conducted without interruption

9. Court sessions of all instances shall be conducted during day hours, except the hours that is necessary for rest.

9. Team of judges or a judge shall not have the right to hear any other cases until it completes the case that has been already begun, or adjourns or suspends it.

Article 10. Application of legislation and international norms

10. In resolving a case Court shall apply the Constitution and other laws adopted in accordance to the Constitution, officially published and effective.

10. If Court considers that a legislation to be applied in resolving a case does not conform to the Constitution, it shall suspend the case proceedings and submit an opinion regarding this to the State Supreme Court.

10. If the State Supreme Court, after discussing the opinion provided by paragraph 2 of this Article, considers that it has grounds, shall issue a resolution on submitting the request to the Constitutional Court. In case of considering [the opinion] groundless [it] shall be returned to the Court that has submitted the opinion for resolution through normal proceedings.

10. In the absence of legislation that could regulate the matter in question, Court shall apply legislation that regulates similar matter. In the absence of such legislation, the Court shall resolve [the issue] in conformity with the content and general principles of the Constitution.

10. In resolving a case related to international civil law Court may apply international, commonly accepted norms provided that they do not conflict with the Constitution of Mongolia.

10. Court shall not refuse to resolve a case on the grounds that there is no legal norms to regulate disputed matter in question or absence of such norms is not clear.

10. Court shall not refuse to apply a norm of legislation on the grounds that Laws are in contradiction, unfair or contrary to commonly accepted ethics.

Article 11. Binding force of Court decision

11. A person who should execute effective Court decision shall have the duty to mandatory execute the decision.

11. If Court decision has not been executed voluntarily it shall be executed compulsorily according to grounds and procedures specified in law.

CHAPTER TWO.

GROUNDS FOR INITIATING CIVIL CASE, JURISDICTION OF CASE

Article 12. Grounds for initiating the civil case

12. Court may initiate a civil case (hereinafter "case") based on following grounds:

1. claim brought by a legal entity regarding violation of their rights in connection with material and non material wealth;
2. claim brought by a person authorized by law to apply to Court in defense of the rights, freedom and interests of other persons;
3. request submitted for execution through special procedures and by an interested person regarding issues specified by law;
4. complaint lodged against the activity of and administrative act of administrative organization, official other than that set out in Article 5 of the General Administrative Law;

(This sub-paragraph was amended by the law of 04 February, 2016)

1. other grounds provided by law.

Article 13. Jurisdiction of the case

13. Court shall resolve claims, requests or complaints (hereinafter "claim") filed on the grounds specified by Article 12 of this Law through its jurisdiction.

13. Disputes between citizens, legal entities shall be resolved by an arbiter if it is provided by law, international treaty to which Mongolia is a party or the litigants have agreed so though arbitration agreement.

13. If the parties have not provided in their agreement to resolve disputes by an arbiter, or have not entered independent agreement on the issue or if the inter-governmental agreements do not provide to resolve disputes by an arbiter, the claim shall be resolved by Court.

13. A claim on illegal administrative acts by administrative organizations and officials specified in Article 4.1 of Administrative Procedural Law shall be resolved by the administrative court

(This provision was annulled by the law of 04 February, 2016)

13. If contract provides the reconciliation process in case of any potential disputes, it shall be deemed that the pre-judicial dispute resolution process is in place.

(This part was added by the law of 24 April, 2014)

Article 14. Bringing a claim through jurisdiction of territory where the defendant resides (exists)

14. If not otherwise provided by law, a claim shall be filed to the Court for the area where the defendant resides.

14. If the defendant is a legal entity, the claim shall be filed to the Court of that area where the entity runs its operation, or where headquarters of the legal entity exists.

14. If the defendant's residence is unknown, the claim may be filed to the Court of the area where the claimed property is situated.

14. A plaintiff may apply to Court for search of defendant if the defendant's place of residence is unknown.

14. Police shall execute operations for search of the defendant and identification of his/her place of residence upon a Court decision, Judge's order.

(This paragraph was amended by the law of 03 August, 2007)

Article 15. Jurisdiction at the plaintiff's option

15. Claim for compensation of damages that caused death or injury to others may be filed to the Courts for areas where either the plaintiff or the defendant resides.

15. If the place of performance is indicated in the contract, related claim may be filed to the Court for the area where the performance was supposed to take place.

15. A claim against several defendants residing (existing) in different places shall be filed, at the plaintiff's option, to the Court for the area where any one of the defendants is residing (existing).

15. Claim that sought to establish facts of an event having legal importance shall be filed to the Court for the area where the applying citizen or legal entity resides or where the event took a place.

Article 16. Exclusive jurisdiction of Court

16. Claim concerning the rights to immovable property or release of a property from arrest shall be filed to the Court for the area where the property is located.

16. Claim concerning Mongolian citizen or legal entity located abroad may be filed to the Court for the area where the plaintiff resides (exists) or where the defendant's property is located.

16. Claim to be filed by an acting holder of property before the property has been accepted by a successor, shall be filed to the Court for the area where the whole property or the main part of it is situated.

(This paragraph was amended by the law of 03 August, 2007)

16. Claim related with a support shall be filed to the Court for the area where the plaintiff resides.

Article 17. Jurisdiction of several interconnected cases

17. Claim regarding damages caused as a result of a crime shall be resolved together with the criminal case.

17. If not resolved together with the criminal case, the claim shall be brought according to procedures and jurisdiction specified by law.

17. Disputes related to payment of damages caused by criminal case shall not be resolved through civil proceeding until it is decided by criminal proceeding.

Article 18. Change of jurisdiction

18. Litigants may, by agreement among themselves, change the territorial jurisdiction for the case in question.

18. Exclusive jurisdiction specified in Article 16 of this Law may not be changed by agreement of the litigants.

Article 19. Jurisdiction of Courts for resolving cases

19. The chairman of the court hearing shall close the hearing upon presenting the content of sentencing/convicting part of the decision and explaining other required issues.

(This part was amended by the law of 03 August, 2007)

19. Aimag and the Capital city Courts shall resolve civil cases by way of appeal instance procedures.

19. The Supreme Court of Mongolia shall resolve the civil cases by way of review procedures on the grounds specified in Clause 172.2 of this Law.

(This paragraph was amended by the law of 03 August, 2007)

19. If provided by Law on Court of Mongolia the court of aimag, capital city and the Supreme court shall resolve the case, dispute specifically assigned to them by law as the first instance or appeal procedure. 

(This paragraph was amended by the laws of 03 August, 2007 and 24 April 2014)

Article 20. Transfer of a case

20. If a claim has been accepted by a Court according to [rules of] jurisdiction, it must be resolved by that Court, although, after having received explanations of the litigants it may be transferred to another Court during or before the court session by the Court resolution or judge's order because of following reasons:

1. if it is considered that in order to resolve the case fully, objectively and expeditiously it is necessary for the case to be resolved by the Court for the area where most of the evidence is situated;
2. if it is discovered that the rules of jurisdiction have been violated while accepting a claim;
3. if all judges of the Court have been challenged in accordance with Article 93.2 of this Law.

(This paragraph was amended by the law of 03 August, 2007)

20. If a case is under an arbiter's jurisdiction as provided by paragraph 2, Article 13 of this Law, the claim shall be returned to the plaintiff by resolution of a Court or by order of a judge.

(This paragraph was annulled by the law of 03 August, 2007)

20. Court that has received a transferred case shall be obligated to resolve it. Dispute among Courts, regarding jurisdiction of a case transferred in conformity with paragraph 1 of this Article, is not permitted.

20. It shall be resolved in accordance with Law on Court of Mongolia if the case transfer has no legal ground upon the receiving judge's order or court resolution.

(This paragraph was amended by the laws of 03 August, 2007 and 24 April 2014)

Article 21. Procedure for transferring a case

21. The transfer of a case shall be effected after the expiration of the term for protesting against Court resolution (judge order) to transfer the case from one Court to another. In the event of filing a protest the transfer of case shall be effected after the promulgation of a decision of that particular Court regarding the protest.

CHAPTER THREE.

PARTIES TO a CASE

Article 22. Composition of parties to a case

22. Litigants, third parties, their representatives or advocate s, and persons taking part in case proceedings as provided in sub-paragraphs 2, 3, 4 of paragraph 1, Article 12 of this Law shall be deemed to be the Parties to a case.

Article 23. Legal capacity of the Parties to a case

23. All parties of a case shall equally enjoy the capacity to have the rights and to be subject to the duties (legal capacity) of the Parties to a case.

Article 24. Legal ability of the Parties to a case

24. The capacity to exercise one's rights in Court personally or through a representative belongs to a person with full legal ability.

24. Persons aged between 14-18 years (adolescents) with limited legal ability shall be entitled to protect their rights, freedom and legally protected interests in Court.

24. Court shall have the duty to involve the parents or guardians of the persons specified in paragraph 2 of this Article. In resolving cases related to adolescent persons and based on the grounds provided by paragraph 3, Article 16 of the Civil Law (The Civil Code of Mongolia published in Issue 5 of 2002 of the State Information Compilation), the Court shall decide whether to involve their parents or guardians.

24. The rights, freedom and legally protected interests of persons with limited legal ability and aged between 7-14 years, or persons under 7, as well as of persons deemed legally unable as a result of mental illness shall be protected in Court by their parents or guardians.

Article 25. Rights and duties of a party to a case

25. A party to a case shall have following rights in the case proceedings:

1. To familiarize him/herself with the demand, explanation, and refusal of the other parties and documents evidencing it, to give explanations regarding these;
2. To familiarize him/herself with materials of the case after an order has been issued to hear the case at court session and to make notes from them, and to take part in the court session;
3. To have statements made by witnesses, to make an expert to be appointed and to implement actions prescribed by Article 48 of this Law, to make an evidence tested and withdrawn from the evidences list if there is a concern that the evidence was illegally compiled or gathered, to request for postponement of the court session based on grounds provided law;
4. To challenge judge panel, a judge, an expert or translator, an interpreter, civil representative and court secretary based on the grounds provided by Article 91 of this Law;

(This paragraph was amended by the law of 03 August, 2007)

1. To put questions to other parties to the case;
2. To appeal the Court decision, or to submit complaint through review procedure;

(This paragraph was amended by the law of 03 August, 2007)

1. To make a request for dispute resolution through reconciliation process with relation to whole, one or some parts of the claim requirements.

(This part was added by the law of 24 April, 2014)

1. other rights provided by law;

25. A party to a case shall have following duties during the case proceedings:
    1. To give true and correct explanation before the Court;
    2. To prove demands of the claim submitted to the Court or grounds for denial of or objection to such claim, to prove, gather and present evidences related to them;
    3. To arrive as summoned by Court;
    4. To implement lawful requirements imposed by Court;
    5. To observe rules of case proceedings or order of court session;
    6. To receive, implement the Court decision.

(Word 'receive' was added by the law of 24 April, 2014)

Article 26. Litigant

26. Litigants of a case shall mean the plaintiff, defendant, and other persons taking part in the case with same legal rights and duties.

26. Plaintiff is a person who submits a claim personally or on behalf of others in order to restore allegedly violated rights, freedom and interests provided by law. Plaintiff shall have the right to alter the basis or subject-matter of the claim, to increase or reduce the size of demand in the claim, to fully withdraw from the claim or conclude a friendly settlement of the claim.

26. Defendant is a person who is mentioned in a claim as having caused damages to the rights, freedom and interests of the plaintiff or not fulfilled his/her duty. The defendant shall have the right to accept, to object to implementing or accepting the demand of the plaintiff, to submit counter claim and to conclude friendly settlement.

26. The litigants shall enjoy equal rights in case proceedings.

Article 27. Participation of several litigants in a case

27. Several plaintiffs or several defendants may jointly participate in a case proceeding.

27. One of the co-plaintiffs or co-defendants may be entrusted to represent the others if it is considered that the co-plaintiff or co-defendant does not have conflict of interests and it is not necessary for all of them to participate and [the representation] will not negatively affect the resolution of the case.

27. If considered necessary, the Court may involve other persons as co-plaintiffs and co-defendants in the case proceedings before issuing its decision.

(This paragraph was amended by the law of 03 August, 2007)

Article 28. Replacement of the plaintiff/defendant

28. Where the Court establishes, based on evidences, that a plaintiff does not have the right to submit the claim or a defendant is not real defendant responsible to the claim, it may, upon the request or permission of plaintiff, replace the person who does not have the right to submit the claim with real plaintiff or the person who is not defendant with real defendant.

(This paragraph was amended by the law of 03 August, 2007)

28. If the plaintiff does not request or agree to replace her/him by other person, and such person submits independent claim, then he/she may be allowed to participate in the capacity of a third person.

(This paragraph was amended by the law of 03 August, 2007)

28. If the plaintiff does not agree to the replacement of the defendant by another person, the Court shall not replace the defendant.

(This paragraph was amended by the law of 03 August, 2007)

28. If the situation described in 28.1 of this law is established during a court hearing proceeding, the court hearing proceeding shall be newly restarted after the replacement of the plaintiff/defendant.

(This paragraph was amended by the law of 03 August, 2007)

Article 29. Third party

29. Third party making independent claim regarding the subject-matter of a dispute may participate in the case proceedings before Court issues its decision.

(This paragraph was amended by the law of 03 August, 2007)

29. Third party making independent claim shall enjoy all the rights and be subject to all the duties of a litigant.

29. If the Court decision can negatively affect the rights and duties of third parties not making independent claims to the subject- matter of a dispute, they may be allowed to take part in the case proceedings as third parties not making independent claims on the initiative of the parties or on the request the litigants, or on the initiative of the Court, before the Court issues its decision.

(This paragraph was amended by the law of 03 August, 2007)

29. Third parties not making independent claims shall enjoy the same rights and are subject to the same duties as a litigant, except for the right to alter the basis or subject-matter of the claim, to increase or reduce the size of demand in the claim, to withdraw the claim, to concede to the claim, or to conclude a friendly settlement.

29. Court shall not resolve issue relating to third party who didn't submitted independent claim together with principal claim.

(This paragraph was amended by the law of 03 August, 2007)

Article 30. Succession to rights in case proceedings

30. If any litigant of disputed legal relationship drops out of the legal dispute (death, considered to be missing, dissolution of a legal entity, transfer of a claim or duties to others), the Court may replace the litigant with the person entitled to succeed to the rights by the request of an interested person or the successor. Succession of rights may take place at any stage of the case proceedings.

30. Successor to the rights shall enjoy the same rights and are subject to the same duties as a person who dropped out of the case proceedings.

Article 31. Participation in case proceedings by prosecutors, persons protecting the rights of others

31. If state interests are deemed violated, upon request of a state organization, a prosecutor may represent the state in a civil case proceeding in accordance with article 25 of this Law.

31. Persons protecting the rights, freedom, and lawfully protected interests of others may participate in a civil case proceeding as provided by article 25 of this Law.

31. Withdrawal from participating in the civil case proceeding, or of a submitted claim by persons described in paragraphs 1 and 2 of this Article shall not serve as basis for termination of the case proceedings.

Article 32. Representing a citizen in case proceedings

32. Citizens may take part in case proceedings personally or through their representatives.

32. A representation shall be embodied, in accordance with law, on voluntary basis or on contractual basis.

32. Representation for persons without full legal ability, or with partial or limited ability, and persons considered to be missing or declared as deceased shall be carried out fully by their representatives provided by law.

32. A citizen with full legal capacity may be, on voluntary basis, represented by other person or, on contractual basis by an advocate.

(This paragraph was amended by the law of 03 August, 2007)

32. A citizen, represented by a different party other than an advocate , shall not participate in the court proceedings in person. In case that a citizen seeks personal participation, he/she shall submit a written notification of refusal from a representing body to the court.

(This part was added by the law of 24 April, 2014)

Article 33. Representation of a citizen as provided by law

33. The rights, freedom and legally protected interests of persons without legal ability, or with partial or limited ability shall be represented in the Court by their parents, guardians, or supporters who are the legal representatives and they must present to the Court documents certifying their full authorization.

33. In a case where a person, who would have had to take part in a case, has been considered missing, the guardian appointed to protect his/her property shall take part representing him/her.

33. In a case in which the successor of a person who has died or been declared deceased would have had to take part, but has not yet accepted the succession, the guardian appointed to protect the estate property shall take part representing him/her.

33. Parents, guardians, or supporters of persons described by paragraph 1 of this Article, may involve representatives chosen by them, in the case proceedings.

Article 34. Participation of advocates in case proceedings, their rights and duties

34. Power of representation of an advocate to take part in the case proceedings shall be determined by the request of the party receiving legal assistance.

34. In representing a citizen or legal entity, on contractual basis, the advocate shall take all measures specified by law in order to protect the rights, freedom and legal interests of the person being represented and shall be obligated to render required legal assistance and to assist in determining the objective circumstances of the case.

34. When taking part in case proceedings based on a contract the advocate shall have the rights and be subject to duties specified by the Law on Advocacy (The Law of Advocacy published in Issue 5 of 1995 of the State Information Compilation).

(This part was amended by the law of 24 April, 2014)

34. The authority of an advocate is certified by a document issued by an authorized body.

Article 35. Representing a legal entity in case proceedings

35. Legal entity shall take part in case proceedings through its representative.

35. Authorized representatives of legal entities shall present to the Court document certifying his/her official position or authorizing to act as representative.

Article 36. Full authority of a representative, circumstances preventing representation

36. A representative shall carry out the activities to protect the rights, freedom and legal interests of the person being represented within the scope of law.

36. Full authority of a representative shall be determined by the power of advocate  and other authorization documents compiled according to law and made in writing with the person being represented. The power of advocate  shall meet requirements prescribed by paragraph 2, Article 64 of the Civil Law.

36. Representative shall present documents certifying his/her full authority to the Court.

36. Person being represented may challenge, at any time, the person representing him/her at case proceedings and shall advise the Court about this in writing. With receipt of the notice by the Court, the representative's full power shall expire.

36. Following persons shall be prohibited to take part in case proceedings as representatives:

1. Persons under the age of 18 years, except in cases specially provided by law;
2. Persons with partial or without full legal ability;
3. Judges, procurators, inquirers, and investigators detective except in cases of participation in the case proceedings themselves in the capacity of citizens, or in the capacity of parents, guardians, supporters or authorized representatives of organization where they work.

(This paragraph was amended by the law of 18 May 2017)

CHAPTER FOUR

EVIDENCE

Article 37. Evidence

37. Evidence shall mean any factual data on which the participants of a case base their demand and objection, has significance for the Court to resolve the case, was obtained through methods and tools prescribed by law and is necessary to establish objective circumstances [of the case].

37. Evidence of a case shall be established by proving tools such as: explanations of the litigants, third persons and their representatives or advocates, testimony of witnesses, documentary and physical evidence, or documents, conclusions of experts, motion pictures and photos, paintings, images, sound recordings, molds printed off from traces, minutes and notes taken during search, experiment, identification process or the court hearing note.

(This paragraph was amended by the law of 03 August, 2007)

Article 38. Presenting, gathering and compiling evidence

38. Litigants, third parties and their representatives or advocates shall have the duty to present and gather evidence that is the basis of their demand or objection.

(This paragraph was amended by the law of 03 August, 2007)

38. Other participants than specified in paragraph 1 of this Article may present evidence.

38. The Court by the request of one of the litigants may compel the opposing party to present an evidence.

38. It is prohibited to participants in a case to present fraudulent evidence or to gather evidence using illegal methods.

38. Evidence shall relinquish its proving capacity and shall not serve as basis for the Court decision if rules prescribed by law on presenting and gathering evidence have been violated.

38. Court shall compile evidence by the request of participant to a case in such circumstances when the evidence essentially required for resolving the case is related to secrecy of the state, organizations and individuals, or impossible to obtain for a litigant because it is located in another country or local region, or obtained through experiment, search, identification, laboratory testing or interrogation of witnesses.

38. Evidence shall be presented before session starts at the Court of the first instance.

38. Even if one party withdraws evidence presented to Court, the opposing party has the right to refer to the evidence.

38. The Court shall have the right to postpone the court session for one time if new evidence is required during the session, to eliminate from the evidence or to object to obtaining by demand a fact irrelevant to the case, or insignificant to prove or not allowable by law and in these cases shall issue a resolution or an order.

38. Costs incurred by Court in compiling evidence shall be included in Court expenses.

Article 39. Collection of evidence abroad

39. If it is necessary to compile evidence abroad, by the request of a litigant, the Court itself or through an authorized organization may approach a relevant body of the other country.

39. Procedures for implementing Court requests shall be negotiated through mutual legal assistance agreements entered with given country and in the absence of such agreements, through diplomatic channels.

39. Case review procedure shall be suspended in the case set out in 39.1 of this law.

(This paragraph was amended by the law of 03 August, 2007)

Article 40. Evaluation of evidence

40. Court shall place evidence presented by participants separately in the case file and evaluate the evidence according to its own inner conviction based on all round and objective consideration.

40. The Court shall evaluate the evidence only from an aspect of being relevant and significant to the case, truthful and undoubtful.

40. For Courts, no evidence shall be prior established as being fixed truth.

40. If facts significant for resolving a case have already been established by a valid decision of a Court as evident or established as publicly known, then they shall not be proven again.

40. Evidence, that has not been presented to the Court of first instance but is presented at the appeal or cassational instances shall not be evaluated by Court. If Court decision is to be reviewed due to newly discovered circumstances, this provision shall not apply.

Article 41. Court instructions and their implementation

41. If it is essentially necessary to compile evidence in another region of the country the judge may, based upon a request of litigants, issue an order and instruct the appropriate Court to take certain procedural actions.

41. In the order set out in 41.1 of this law, a brief substance of the case and the evidence requiring clarification shall be indicated, and the term for carrying out the instruction shall be specified, and the case review procedure shall be suspended.

(This paragraph was amended by the law of 03 August, 2007)

41. Court that has received the Court instruction must carry it out within the specified term.

41. The records kept during carrying out the Court instruction and all materials collected shall be sent to the Court resolving the case within the specified term.

Article 42. Explanation by litigants

42. Explanation presented by litigants to Court shall conform to objective truth.

42. In relation to one litigating party's explanation and evidence presented, the opposing party may present its own explanation for the evidence povided.

42. By presenting an explanation specified in paragraph 2 of this Article, a litigant may accept fully or partially the demands of claims presented by another party.

42. Failure to object to one party's explanation by opposing party or to give explanation within the term specified by law shall be considered as acceptance of such explanation.

Article 43. Testimony of witnesses

43. Any person may be a witness to whom any circumstances significant to resolving the case may be known.

43. The Court shall summon a witness and obtain testimony upon request of participants of a case.

43. A person summoned in the capacity of a witness must appear in Court and give truthful testimony. Refusal or decline to give testimony or giving knowingly false testimony shall incur responsibility under the Criminal Code (The Criminal Code published in Issue 5 of 2002 of the State Information Compilation).

43. Testimony can be obtained from a witness in the place where he is residing if, as a result of considerable reasons, he/she is not able to appear in Court as summoned.

43. If a witness fails to appear in Court without considerable reasons, the Court may instruct the police to bring him/her under compulsion and direct the witness to cover related expenses.

(This part was revised by the law of 21 July 2016)

43. If there is serious discrepancy in testimonies of witnesses, it is possible to obtain testimonies while making them confront each other. In obtaining testimonies from witnesses during confrontation judge shall ask the witnesses if they know each other and what kind of relationship they are in. Then testimonies regarding the subject matter to be clarified shall be obtained from the witnesses in turn. After hearing their testimonies the judge may ask the witnesses questions. Witnesses in mutual confrontation may not ask each other a question.

43. Spouses, parents and children of litigants may be interrogated only with the consent of the litigants. In this case they shall have the rights and be subject to duties of witness.

43. The following persons may not be summoned and their testimonies may not be obtained as witnesses:

1. Mediator, representatives of litigants or defense counsels in criminal cases who became aware of the circumstances through carrying out their duties;

(Word '' Mediator' was added by the law of 24 April, 2014)

1. Legally incapable persons.

Article 44. Documentary evidence

44. Evidence in the written form, significant to resolving the case shall be considered as documentary evidence.

44. Documentary evidence shall be produced in the form of the original documents, or as a copy certified by notary public if it is not possible to produce originals. When a copy of a document is produced and if it is considered necessary, the Court shall be entitled to require and obtain the original. If requiring and obtaining documentary evidence proves to be difficult, the Court at the request of litigants may inspect or examine the place of its custody.

44. After the Court has issued its decision, original documents may be returned to the persons who has produced them, upon their request. However, a certified copy of the document shall be kept in the file of the case.

44. Governmental and non-governmental organisations, and legal entities shall provide the written evidence that was taken from its own archive with the mark of 'True and correct duplication'.   

(This part was added by the law of 25 June, 2009)

Article 45. Physical evidence

45. Material objects which may establish circumstances significant to resolving a case shall be considered as physical evidence.

45. Physical evidence shall be kept in the file of the case or deposited under a separately registered inventory in a special facility or container. Objects which can not be brought and kept in Court shall be examined at the place where they are located and records shall be made on the examination. If necessary, the objects may be documented by taking their photos, images, video and sound recording and attached to the file or they may be sealed. Food products and other objects of perishable nature shall be promptly inspected by Court, upon informing the participants of the case. After the inspection they shall be returned to the persons from whom they were obtained, unless otherwise provided by law.

45. If necessary, physical evidence may be left in the custody of the owner, or Governors of relevant baghs, or housing committees, or Court decision implementation and police agencies or their officials. Persons who have received so shall be obligated to keep the physical evidence in its normal condition.

45. Upon expiration of terms specified in paragraph 2 of Article 120 of this Law and unless otherwise provided by law, physical evidence shall be returned to the owner. However, photos, images, video and sound recording of the physical evidence shall be kept in file of the case.

Article 46. Producing documentary and physical evidences

46. Persons and legal entities must produce documentary and physical evidences required by Court within a term specified by the Court. If they are not able to produce the required documentary and physical evidences due to considerable reasons, they shall notify the Court.

46. Faulty officials and citizens who have failed to carry out the requirements specified in paragraph 1 of this Article without considerable reasons shall be subject to liabilities provided in respective laws and legislation.

46. Citizens, legal entities relevant to the case and their officials shall be obligated to make available, by the request of litigants, evidences essentially required for resolving the case and other than related to the secrecy of the state, organizations and individuals.

46. If making available the evidences prescribed by article 3 of this Article was objected to without considerable reasons, they shall be made available by compellation.

Article 47. Expert, his/her rights and duties, expert's conclusion

47. For clarification of questions necessary for resolving a case which require special knowledge in the fields such as science, calculation, accounting, art, literature, and technology, the judge shall, upon request of participants of the case, at the initiation of court, appoint an expert by his/her order.

(This paragraph was amended by the laws of 03 August, 2007 and 03 December 2009)

47. An expert shall fulfil the procedure provided by Law on Forensic examination in his/her expert conclusion making process.

(This part was revised by the law of 03 December, 2009)

47. Expert, if he/she is appointed by an organization then on behalf of it, in other cases on his/her behalf shall provide a conclusion based on results of conducted appraisal and shall be responsible for its objectivity.

47. If necessary judge may appoint several experts and if they have a common opinion, they shall provide a single conclusion and all shall sign it. If any one experts does not agree with conclusions of other experts he/she may provide a separate conclusion.

47. In cases when there is a need to re-appoint an expert, the expert who previously took part in providing conclusion on the case, shall not take part again.

47. Expert shall be obligated to appear by the Court subpoena and give an objective response to the questions put. If an expert deliberately provides a false conclusion, he/she shall be subject to penalty specified by the Criminal Code.

47. An expert may refuse to provide a conclusion if the materials furnished to him/her are inadequate or if the expert does not possess the necessary knowledge to perform the duties imposed on him/her.

47. If considered necessary, expert may request the Court to familiarize him/herself with the materials of the case, and to supply with additional materials.

47. Expert shall provide his/her conclusion in writing. The expert's conclusion must contain a detailed description of the appraisal conducted and the conclusions made on the basis of it, and substantiated answers to the questions put by the Court.

47. If, new circumstances significant to the case are discovered, an expert shall be entitled to include this in his/her conclusions even if no questions in respect of this have been put to him/her by the Court.

(The provisions 47.3-47.10 were annulled by the law of 03 December, 2009)

Article 48. Other proceedings related with resolving a case

48. In order to clarify circumstances significant to resolving a case, the Court shall carry out proceedings for search, experiment and identification with presence of not less than 2 external witnesses and participation of the participants of the case and a note shall be made on this and all participants shall sign the note. Failure to arrive at the proceedings by participants of the case shall not impede the proceedings.

48. A citizen without any individual and institutional interests in the case, and with full legal ability shall take part as external witness. External witness shall be obligated to confirm the process, content and results of the proceedings carried out in his/her presence. External witness shall have the right to suggest corrections to the notice.

48. If an external witness fails to fulfill the duties specified in paragraph 2 of this Article, he/she shall be subject to liability specified by law.

Article 49. Interpreter

49. If a participant of a case does not possess Mongolian language, or is mute, deaf or blind, the judge, by the participant's request, may issue an order and appoint an interpreter. Other participants of the case proceeding shall be prohibited from taking on duties of the interpreter.

49. Interpreter shall be obligated to translate demands of the claim, explanations, testimony and objections of the of the person or demands, explanations, testimony and objections of participants or contents of court sessions, other proceedings and the Court decision and to assist him/her to familiarize with the materials of the case.

49. Interpreter shall be obligated to appear by the Court subpoena and translate objectively and correctly.

49. If an interpreter deliberately mistranslates, he/she shall be subject to penalty specified by the Criminal Code.

49. A translator or an interpreter appointed by the court, except a translator or an interpreter chosen by the participant of a case, shall have obtained permits for conducting translation service from an authorized organization. (This provision was annulled by the law of 20 January, 2011)

Article 50. Securing evidence

50. If it is considered reasonable that evidence essentially required for resolving a case may get tampered, destroyed, transferred to others or concealed for purposes of impeding to resolve the case, the participants of the case may request the Court resolving the case to secure such evidence.

50. It shall be indicated in the request which evidence is necessary to secure, for what circumstances it has proving significance and the reasons for securing so.

50. The judge shall issue an order to secure the evidence if he/she assumes that the request has grounds or to refuse the request if assumed groundless.

50. The Court order shall specify which evidence to secure, where and in whose custody it is to be located and how to secure it.

50. The Court order specified in paragraph 4 of this Article shall be immediately implemented by a Court Decision Implementation Organization.

Article 51. Minutes of proceedings

51. Minutes shall be taken at sessions of Court of the first instance, and at sessions of Courts of appeal and cassational instances if participants of the case are taking part in.

51. Minutes shall be taken during other actions for resolving a case such as examination, experiment, identification and confrontational interrogation.

51. Minutes shall be taken in line with the requirements provided by paragraph 7, Article 7 of this Law.

51. The minutes at the court session shall be taken by the secretary of the court session and during other actions for resolving a case by the judge or by assistant to a judge under the judge's instructions.

51. The minutes shall specify what procedural actions were taken by whom, when and where, the time of commencement and conclusion, family name, parent's name, name and addresses of persons who took a part in or was present at the action, sequence, process and discovered circumstances of the action. All persons who took a part in or was present shall read and get familiarized with the minutes and shall be explained that they have the right to suggest to make corrections in the minutes.

51. All persons who conducted the action or took part in or was present at the action shall sign the minutes. They shall not have the right to refuse signing.

51. Photos, images, molds printed off from traces or other objects significant for resolving the case may be attached to the minutes and it shall be stated in the minutes.

CHAPTER FIVE

COURT EXPENSES, THE STATE STAMP DUTY

Article 52. Court Expenses

52. Costs essentially required for resolving a case by a Court shall be the Court expenses.

52. The Court expenses shall be financed from the state centralized budget.

(This word was removed by the law of 02 January, 2003)

Article 53. Court expenses to be recovered

53. Following expenses incurred by a Court shall be recovered from the litigants:

1. transportation fares, accomodation rent and meal of experts and interpreters and fees for their work performed under Court and judge's orders if such work does not form part of their official duties;
2. transportation fares, accomodation rent and meals, salary and fees for work of witnesses;
3. expenses incurred for conducting examination, experiment and identification;
4. expenses for storing evidence;
5. expenses incurred for travel in order to get a witness testimony.

Article 54.     Determining amount of Court expenses to be recovered

54. Court expenses to be recovered shall be determined according to following procedures:

1. for transportation fares, accommodation rent and meals to be disbursed to experts and interpreters - according to an amount allowed in business trip observed in the government organizations financed from the state budget;
2. for the experts and interpreters fees by the amount paid by the Court;
3. if witnesses have sacrificed their wages for the period summoned to the Court to give testimony, by average wages for that period;
4. other expenses as specified in performance documents;

54.2.   The expenses shall be paid to the state centralized budget account specified by the Court.

  (This word was removed by the law of 02 January, 2003)

Article 55. Exemption from compensating Court expenses

55. A litigant may be exempted from compensating Court expenses if it is established by his/her explanation and other evidences that he/she is insolvent, or based on other grounds provided by law.

55. The Court or the judge may, depending on the financial position of the parties, defer payment of costs due to the state by either or both of the parties, or allow payment by installments, or reduce the amount.

Article 56. Division of Court expenses to be recovered

56. The Court expenses shall be recovered from the defendant if the claim was fully met or from the plaintiff if the claim was dismissed.

56. If some part of the claim was met, then the Court expenses shall be divided accordingly among the defendant and the plaintiff for which they shall be liable.

56. If the Courts of review and appeal instances change the decision of a Court of the first instance the division of the Court expenses shall be changed similarly.

56. Unless the parties when concluding a friendly settlement made different provision for dividing Court expenses the Court resolves [this] by applying rules specified in this Article.

56. If the plaintiff withdraws his/her claim, the defendant shall not pay the Court expenses. However, if the plaintiff withdrew from his/her claim as a result of a voluntary satisfaction of them by the defendant, then the Court shall discount the Court expenses to be recovered from the defendant by 50 percent.

Article 57. The state stamp duty

57. Cash assets paid by the litigants for the Court services rendered with respect to resolving legal disputes are the state stamp duty. The state stamp duty shall be paid by the plaintiff beforehand and if the claim is met then the defendant shall pay the sum which shall be reimbursed to the plaintiff. The state stamp duty shall be paid as specified in this Law.

57. Amount of the state stamp duty to be paid with respect to resolving a case through Courts shall be regulated by the Law on the State Stamp Duty.

(This paragraph was amended by the law of 03 August, 2007)

57. Issues on reimbursement, recover of and exemption from the state stamp duty shall be resolved by relevant provisions of the Law on State Stamp Duty and Articles 58 and 59 of this Law.

(This paragraph was amended by the law of 03 August, 2007)

57. Person submitting claim against the decision of court of first instance or appeal shall pay the state stamp duty in the amount disagree with the decision.

(This paragraph was amended by the law of 03 August, 2007)

Article 58. Recovery of the state stamp duty and exemption from the duty

58. If it is difficult to fix the amount involved in a claim at the time of its being brought, the amount of the state stamp duty shall be provisionally determined by the judge, and after the decision on the case an adjusting payment of duty shall be paid in conformity with the value put on the claim by the Court or if the previous payment was excessive then the difference shall be reimbursed.

58. In the event of an increase of the amount of a claim, the amount of the state stamp duty shall be increased according to the increase in the value of the claim.

58. A plaintiff may be exempted from payment of the state stamp duty if it is established by his/her explanation and other evidences that he/she is insolvent, or based on other grounds provided by law.

58. Depending on the financial position of the litigants, amount of the state stamp duty to be recovered may be decreased or allowed to be paid by installments.

Article 59. Return of the state stamp duty

59. If the Court rejected to receive a claim, then by order of a judge the state stamp duty shall be returned to the plaintiff in the amount paid.

59. If a person filed a complaint to the appeal or review instances withdraws from his/her complaint before the Courts sessions then a judge of relevant Court shall assume that no complaint was filed and shall issue an order and the state stamp duty paid when filing the complaint shall be returned in the amount paid.

59. In cases when a Court decision or review order are annulled or changed because the Court of review instance considered reasonable the complaints filed by a litigant, third party and their representative or advocate, the state stamp duty paid by the complainant to Court of that instance when filing the complaint shall be returned in the amount paid by the order of judge.

(This paragraph was amended by the law of 03 August, 2007)

59. If the plaintiff withdraws from claim on the ground that the defendant voluntarily accepted and fulfilled the claim pursuant to 56.5 of this law, the 50 per cent of state stamp duty paid by plaintiff shall be repaid.

(This paragraph was amended by the law of 03 August, 2007)

59. Case review procedure is ended pursuant to 106.5 of this law by the way that the plaintiff reduces the amount claimed, or withdraws from claim in the case other than that set out in 59.4 of this law or litigants reach to reconciliation the state stamp duty shall not be repaid.

(This paragraph was amended by the law of 03 August, 2007)

Article 60. Distribution of the state stamp duty

60. Issues of dividing the state stamp duty among the litigants liable shall be regulated similar to the rules provided in Article 56 of this Law.

PART II.

PROCEDUREs for resolving civil cases IN THE COURT OF the FIRST INSTANCE

CHAPTER SIX

FILING A CLAIM AND ITS ACCEPTANCE

Article 61. Forms of a claim

61. A claim shall be filed in writing and signed by the plaintiff or a person representing him/her in the case proceedings.

Article 62. Contents of a claim

62. A claim shall contain the following:

1. the title of the Court in which the claim is filed;
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;
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;
4. basis and demand of the claim, and the evidence proving them;
5. the value of the claim;
6. a list of documents attached to the claim.

62. Attached to the claim shall be the document proving payment of the state stamp duty, if the duty should be waived then a letter requesting for it and if the claim is filed by a representative then the power of advocate  letter.

62. A claim shall be copied according to the number of defendants and presented to them.

Article 63. Valuation of a claim

63. Value of a claim is determined as follows:

1. in claims to recover money by the sum of money claimed for;
2. in claims to regain property by the value of the claimed property;
3. in claims consisting of several independent demands by the total sum of all claims.
4. in claims demanding to annul contracts and agreements by the total amount of the contract or agreement;
5. in claims to recover payments of pensions, benefits, supports, damages or compensations to be made by installments for a fixed term by the total sum of the payments per annum.
6. in claims to recover immovable property by the total value as registered at the Immovable Property Registration Agency;
7. damages to name, reputation and business reputation by the sum specified in the claim;
8. in claims with respect to securities by then current rate at the stock exchange;
9. in claims related to special permissions or tenders by the value of the special permission or the tender fees.

63. Foreign currency rate shall be calculated at then official exchange rate announced by the Mongolbank and the value of a property by the amount proven.

Article 64. Acceptance of claims

64. A claim shall be received by administrative officer a judge of relevant Court or the secretary of the court session and number of pages of the claim and attached materials, date, hour and minute shall be noted and certified in the claim. Notes shall be taken in a log book according to the sequence used in the notes.

(This part was amended by the law of 24 April, 2014)

Article 65. Refusal to accept Statements of Claim in Civil Cases

65. A judge shall refuse to accept a claim in following situations:

1. Jurisdiction of a case specified in Article 13 of this Law is violated;
2. Jurisdiction of a court specified in Article 14, 15, 16 and 19 of this Law is violated;

(This part was amended by the law of 03 August, 2007)

1. the plaintiff has failed to observe rules for extra judicial, preliminary settlement of the case laid down by law and it is possible to use the rules;
2. the plaintiff is a person without full legal ability;
3. the claim was filed by a person having no authority to represent the plaintiff;
4. there is a decision of a Court or an arbiter with full legal effect, made on the subject-matter mentioned in the claim and guilt of the litigants or a decision of a Court or an arbiter with full legal effect to refuse to accept the claim or to dismiss the case;
5. another case on the subject-matter of and the grounds for the dispute between the litigants is being resolved by a Court,
6. the case related to the claim is being investigated through criminal procedures;
7. the defendant's address is not clear;
8. in cases when a litigant has died or a legal entity has been liquidated, the demand in dispute or disputed obligation is not passed to a successor of the rights;
9. if requirements provided in Article 62 of this Law have not been met;

65. A judge shall state in his/her order described in paragraph 1 of this Article, how to present the claim or how to eliminate the circumstances preventing it being accepted.

Article 66. Initiating a case

66. If a judge considers that there is no ground described in paragraph 2, Article 13; paragraph 1, Article 65 of this Law, he/she shall, within 7 days from the date of receiving the claim, issue an order on initiating a case.

(This part was amended by the law of 03 August, 2007)

66. If the Court resolved issues of exempting from the state stamp duty or reducing it or payment of it in installments or deferral by the request of the plaintiff, it shall be stated in the order initiating the case.

Article 67. Actions taken by a judge who initiated a case

67. The judge who accepted the claim and initiated a case shall take following actions:

1. to introduce the litigants, third parties and their representatives or advocates their obligation to present and prove themselves the evidence proving their demands or objections and to explain their rights;

(This part was amended by the law of 03 August, 2007)

1. to hand over a copy of the claim to the defendant;
2. If the court considers a request by a participant of a case to have grounds, the actions specified in Article 38.6 of this Law shall be carried out.

(This part was amended by the law of 03 August, 2007)

1. To provide all necessary information on reconciliation process and remind of options for getting assistance from reconciliation services, and reconcile at all stages of court proceedings.

(This part was added by the law of 24 April, 2014)

            67.1.5.   (This paragraph was annulled by the law of 12 April, 2018)

Article 68. Consolidation and division of several demand of a claim

68. A plaintiff may consolidate in a single claim several interconnected demands. If it is considered appropriate to separate a single or several demands from the demands consolidated in a claim they may be separated by an order of a judge.

68. If it is considered appropriate to separate a single or several demands from the demands consolidated in a claim filed by several plaintiffs or against several defendants, they may be separated by an order of a judge.

68. In cases when one litigant is taking part in several similar case proceedings of a Court or if it is considered that resolving several cases in consolidation where one plaintiff filed claims against different defendants or different plaintiffs filed claims against one defendant will make possible to resolve the case more expeditiously and properly, they may be consolidated by an order of a judge.

(This part was amended by the law of 03 August, 2007)

Article 69. Securing implementation of Court decision

69. A judge, on the application or request of a plaintiff, by his/her order may take following measures to secure implementation of Court decision upon or after initiating a case:

1. imposition of an arrest on money or property belonging to the defendant for the sum equal to sum of a claim;
2. prohibiting the defendant from doing certain acts related to its property (for the sum equal to sum of a claim);
3. halting expenditure transaction of defendant's account (for the sum equal to sum of a claim);
4. requiring an advance payment of money demanded by a claim into Court decision implementation deposit account.

69. The judge may simultaneously take several measures indicated in paragraph 1 of this article.

69. A judge shall warn a plaintiff about provisions of paragraph 3, Article 70 of this Law, when taking measures specified in paragraph 1 of this Article.

69. Upon request of a plaintiff a judge may substitute one kind of security specified in paragraph 1 of this Article for another. In the case of a taking of security for an action to recover sums of money, the defendant is entitled, in lieu of the measures of security which have been taken, to deposit the sum of money sought by the plaintiff in the Court's decision implementation deposit account.

69. When taking measures specified in paragraph 1 of this Article a judge shall not cause consequences such as interruption of normal production and service activities, closure of an income source or deterioration or loss of quality.

Article 70. Enforcement of measures to secure implementation of decisions to be issued by the Court and compensation of damages caused from it

70. A judge' order on taking measures to secure implementation of Court decision shall be fulfilled from the date of issuing an order through execution of the Court decision.

70. The measures taken to secure Court decision are maintained until the period specified in paragraph 2, Article 120 of this Law expires or during the period of solving claims for appeal or review if such claims were filed.

70. If the claim is dismissed, the defendant may make a claim to the court on damages caused by the actions specified in Article 69.1 of this Law.

(This part was amended by the law of 03 August, 2007)

Article 71. Term for case proceedings

71. If not otherwise specified by law a case shall be resolved within 60 days from the date of its initiation. If a case was returned for reconsideration by Courts of appeal and review instances, a judge shall resolve the case within 30 days from the date of its receipt.

71. The period specified in paragraph 1 of this Article may be extended once for 30 days by conference of judges of that particular Court.

71. In the process of case proceedings a Court may establish other terms within the term specified paragraph 1 of this Article.

71. A procedure specified in the Civil Code shall be used for counting and determining of the term.

71. Court shall set the timeframe for reconciliation process, which takes place after the initiation of a civil case, in accordance with the provision 20.2 of the Law on Reconciliation.

(This part was added by the law of 24 April, 2014)

Article 72. Handing over a claim to a defendant

72. 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. A defendant must submit to the Court within 14 days after receipt of a claim or within a period determined by a Court, an evidence proving grounds for accepting or rejecting the claim's demand.

72. In case of non implementation by the defendant of its duties specified in paragraph 2 of this Article after its receipt of the claim or non appearance in the Court to give his explanation after being notified in conformity with procedures set forth in article 77 of this Law, the Court shall consider it as an accept of the claim's demand and shall resolve the case in the absence of the defendant as provided in paragraph 3, Article 100 of this Law.

72. The defendant shall be warned of such consequences specified in paragraph 3 of this Article at the moment of handing him over of the claim and the Court writ.

Article 73. Counterclaim

73. 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.

73. Court will accept a counterclaim if the satisfaction of the counterclaim would wholly or partly exhaust the original claim. In other cases court will decide whether to resolve these claims jointly or not.

(This part was amended by the law of 03 August, 2007)

73. In case of lodging the counterclaim the state stamp duty shall be paid in advance in conformity with the procedures and in the same amount set forth for ordinary claims.

CHAPTER SEVEN

RESOLVING CASES THROUGH SIMPLIFIED PROCEDURE

Article 74. Resolving cases through simplified procedures

74. The case shall be resolved through simplified procedures in case of plaintiff's withdrawal from his/her claim, acceptance of the claim by the defendant, conclusion of friendly settlement by litigants, or satisfaction by the defendant of the claim between the period between initiating a case and the court session.

74. If it is considered possible to resolve a case through simplified procedure, the judge shall issue an order dismissing the case and confirming plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of claim's demand by the defendant.

(This part was amended by the law of 03 August, 2007)

74. The litigants shall conclude an agreement, in writing, on plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of claim's demand by the defendant and shall certify this agreement by their signatures.

74. In case of resolving a case through simplified procedure, a litigant shall not have a right to file a complaint for re-examination the decision by way of review procedures and shall not have a right to re-file a claim to the Court of first instance on that particular issue.

74. In case of resolving a case through simplified procedure, the state stamp duty shall be discounted by half and shall be paid in conformity with procedures set forth in this Law.

74. In case of friendly settlement by the litigants, they may come to an agreement about total amount of the claim's demand or its certain portion and conclude a reconciliation agreement before a Court. The reconciliation shall come into effect upon setting in writing the content of it, accepting and signing it by the litigants. The reconciliation agreement shall comply with law and shall not affect legal interests of third parties.

Article 741 . Approval process of Reconciliation agreement, made with mediator's support.

741.1. Based on the request for reconciliation service, made by the parties or the litigants' acceptance of the court recommendation for reconciliation, the Judge shall transfer the claim to a reconciliation mediator and issue an order concerning this transfer. 

741.2. A reconciliation mediator of the court of the given instance shall carry out reconciliation activities for the claim, transferred as specified in Clause 741.1 of this Law.

741.3. Reconciliation agreement shall be made in a written form and signed by the parties prior to being delivered to the Judge.

741.4. The Reconciliation agreement shall be compliant with the Civil Code and not violate any legally protected interests of the third party/ parties.

741.5. If the judge transferred the claim to the reconciliation mediator before initiation of a civil case and the parties reconciled, the judge shall issue an order, approving the Reconciliation Agreement.

741.6. In case of litigants' reconciliation following the judge's transfer of claim to the reconciliation mediator after initiation of a civil case, the judge shall resume suspension of the case proceedings and approve the reconciliation agreement and issue order to dismiss the case.

741.7. After receiving a reconciliation agreement, the judge shall review and approve it within a week. If the agreement is deemed to be unclear, vague, or is in violation with the provision 741.4 of this law, the judge shall issue an Order refusing to approve the reconciliation agreement.

741.8. Judge's approval order of reconciliation agreement must meet the requirements, specified in the Article 75 of this law. If the litigants fail to voluntarily fulfill the order, they shall be enforced to follow the order in the same way as a court decision.

741.9. If the litigants were reconciled through reconciliation mediation process, the litigants, their representatives and lawyers shall not have the right to appeal the case, file a complaint for re-examination of the decision through review procedures, or to re-file a claim to the Court of first instance on that particular issue.

741.10. If reconciliation efforts were unsuccessful, following the transfer of a claim to the reconciliation mediator after initiation of a civil case, the reconciliation mediator shall transfer the claim to the court. The judge shall receive the claim, resume the suspended court proceedings and resolve the case through regular procedure.

741.11. An Order of refusal, issued in line with the Clause 741.7, shall not prevent from resuming the reconciliation process.

741.12. If the reconciliation mediator was approached by both or one of the litigants, all provisions except Clauses 741.6 and 741.10, herein, shall be applied.

(This Article was added by the law of 24 April, 2014)

Article 75. Judge's order on resolving a case through simplified procedures

75.1    A judge's order on resolving the case through simplified procedures shall consist of introductory, descriptive, motivational, and resolutive parts.

75. The introductory part of the order shall specify when, where, and which Court does issue the order, the judge who issues the order and the litigants.

75. The descriptive part of the order shall contain a content of explanations of the litigants of the case regarding plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of the claim's demand by the defendant.

75. The motivational part of the order must indicate the evidence on which the Court's conclusions are based, the documents certified in writing with reference to plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of the claim's demand by the defendant, the reconciliation agreements, the outcome of mediation process and others.

(this part was amended by the law of 24 April, 2014)

75. The resolutive part of the decision must specify, in detail, the applied law, and its provisions by which the Court was guided, and shall specify if the plaintiff withdrew his/her claim, or defendant accepted the claim, or litigants came to friendly settlement or the defendant satisfied the claim's demand and shall indicate resolution of issues such as payment of the state stamp duty and Court costs.

75. If the defendant did not implement the order voluntarily it shall be enforced under compulsion similar to any decision of the Court.

CHAPTER EIGHT

ENSURING THE PREPARATION OF COURT SESSION

Article 76. Actions taken by the judge in ensuring the preparation of the court session

76. A judge shall conduct the following actions in the preparation of a case for court session:

1. having considered that evidence significant to the case is sufficiently collected or on expiry of terms indicated in paragraph 1, Article 71 of this Law, or in any other cases which he/she considers necessary, shall issue an order to hear the case  at a session of the Court and set a date and place for the court session.
2. shall notify the participants of the court session, by the Court writ, about the date and place of the court session to be held.

76. A litigant shall be obligated to inquire the Court of the date and place for the court session.

Article 77. Court Writs

77. Litigants and persons taking part in a case are notified by Court writs of the time and place of the court session at the address of their residence or work place. The legal consequences of failure to appear at court session and possibilities to resolve cases in their absence as set forth in Article 100 of this Law shall be stated.

77. Writs are served by certified post or by Court officer personally at the address of residence or work place of litigants. In case of need, writs are served by phone, fax, telegram or through public media and information means. Such notification and delivery shall be certified by documents.

77. If writs are delivered by mail then the name, address of the recipient, date of delivery and signature of the Court officer and post officer shall be noted down on the writ.

77. Depending on specifics of the local area, Court may instruct other person to deliver the writ in person.

77. A writ is served on a citizen personally against a signed acknowledgement by him with indication of time of submission. A writ addressed to a legal entity is served on the governing official, or its secretary who signs an acknowledgement, indicating the time of submission.

77. If the person to whom a writ is addressed is not found at his place of residence or work, then the writ is served on an adult, the addressee lives with, or on a Governor of soum, bag, and housing committee or on its working service or on administration of place of work of the addressee against a signed acknowledgement .

77. In the event of a refusal by the addressee to accept a writ, the person delivering it makes a note to that effect on the writ and returns it to the Court. A refusal to accept the writ is no obstacle to the hearing of the case.

77. Persons taking part in the case are bound to inform the Court of any change of their address during the period of the case resolving proceedings. In the absence of such notification, the writ will be sent to the last address, of the persons taking part in the case, known to the Court, serving on a citizen or an official specified in paragraph 6 of this Article and shall be considered to have been delivered.

77. If a participant of a case who received the notice is absent at the court without any excusable reasons and his/her presence is mandatory, the participant shall be forced to come by a judge order and shall be imposed with liabilities specified in laws and legislations.

(This part was amended by the law of 03 August, 2007)

77. Actions regarding the bringing of litigants and participants of the case under compulsion shall be implemented by police according to the order of the judge.

(This part was revised by the law of 21 July 2016)

Article 78. Appointing a judge, team of judges and the presiding judge

78. The conference of judges of a particular Court shall appoint a judge, team of judges and the presiding judge who will resolve the cases for a certain period of time such as year or half year, on the basis of a schedule.

78. In the event when a judge who is appointed according to the schedule is not able to participate at the court session, a judge who will replace him/her shall be appointed in conformity with procedures set forth in paragraph 1, of this Article.

78. Conference of judges shall be presided by the Chief Judge. All questions arising on the conference shall be decided by a majority vote and if there is a tie, the matter is resolved by the vote of the Chief Judge. Quorum of the conference shall be met if two third of judges are present at the conference and all judges shall have equal rights.

78. The Chief Judge shall resolve the case in accordance to a schedule, on a same basis as per other judges.

78. On every occasion when it became impossible to resolve cases as provided in paragraphs 1 and 2 of this Article due to an increase of workload of a judge for that particular year or due to increase or decrease in the number of judges, the Chief Judge shall convene a conference of judges.

78. If the court panel is not sufficient for resolving the cases, upon the consultation with chief judge of the other courts of same level and by the order of chief judge of the court concerned, judge shall be appointed to resolve the case.

(This provision was changed by the law of 13 May 2016)

Article 79. Appointing a citizen's representative

79. A citizen's representative elected from the territorial area under the Court jurisdiction shall take part in the court session according to the Law on Courts (The Law on Courts published in Issue 2 of 1993 of the State Information Compilation).

79. A citizen's representative who will take part in that particular court session shall be appointed in accordance to a schedule set forth by the conference of judges specified in Article 78 of this Law.

Article 80. Stay of case proceedings

80. Case proceedings shall be stayed by Court resolution during the court session or by an order of a judge prior to court session in following instances:

1. in case of the death of a litigant or liquidation of a legal entity, the disputed demand or obligations should be transferred to a successor;
2. necessity to appoint a guardian for the litigants;
3. a litigant is serving in the armed forces during the announcement of extraordinary or war situation;
4. where it is impossible to hear the case until another case being heard in civil, criminal, administrative or arbitration proceedings completes;

(This part was amended by the law of 03 August, 2007)

1. where the litigant is being treated due to serious illness;
2. where the necessity for search for defendant has been arisen;
3. the proposal is submitted to the Supreme Court on incompliance of the law applicable for resolving the case with the Constitution;

(This part was amended by the law of 03 August, 2007)

1. carrying out the operations specified in Articles 39, 41 and 47 of this law;
2. where decision to start reconciliation process has been made.

           (This part was added by the law of 24 April, 2014)

80. It shall be prohibited to stay case proceedings for other reasons than specified in paragraph 1, of this Article.

80. Proceedings in a case are resumed after the elimination of the circumstances which brought about the stay, on the application of persons taking part in the case or on the Court's [own] initiative and a judge shall issue an order on resumption of proceedings, and period for resolving the case shall be counted further from this date.

80. In case of failure to eliminate the reasons for suspending the case proceedings, the judge shall resume the proceedings and issue an Order to dismiss the case, in which, the details of circumstances preventing from proceeding with the case and recommendations on elimination of the obstructions shall be included.

(This part was added by the law of 24 April, 2014)

CHAPTER NINE

TEAM OF JUDGES, PARTICIPANTS OF THE COURT SESSIONS, COMMON PROCEDURES FOR COURT SESSIONS

Article 81. Team of judges

81. All cases are resolved by three judges except in cases where single judge resolves a case in a Court of first instance.

Article 82. Cases to be resolved by a single judge

82. A single judge shall resolve cases provided by articles, paragraphs and subparagraph of following laws:

1. provisions 8.1.1; 8.1.3; 8.1.4; 8.1.6-8.1.8 of the Civil Code;
2. dispute arose out of labor relations;

(This part was amended by the law of 03 August, 2007)

1. disputes arising due to marriage law relationship;
2. disputes arising due to pension relationship;
3. dispute arose out of support/allowance relations;

(This part was amended by the law of 03 August, 2007)

1. Articles 74, 133 of this Law;
2. when the law provided for the Court to impose monetary fines;
3. cases and legal disputes placed under Court jurisdictions by other laws.

Article 83. Judge or team of judges not to be replaced

83. During the process of the court session a case shall be resolved only by a single judge or a team of judges. If it became impossible for any one member of the team of judges to take part in a court session, the team shall be replaced by another team of judges by an order of the Chief Judge of that Court and according to procedures set forth in article 78 of this Law and the case shall be resolved anew.

Article 84. Grounds for preventing a judge from retrying a case

84. A judge who participated in the adjudication of a civil case at first, appellate or supervisory instance shall not participate in the adjudication of the same case or dispute at different instance.

(This part was amended by the law of 03 August, 2007)

84. A judge who is a family member or a relative of a judge who participated in the adjudication of a case at first, appellate or supervisory instance shall not be participate in the adjudication of the same case at different instance.

(This part was amended by the law of 03 August, 2007)

Article 85. Participants of the court session

85. Participants of the court session are the participants of the case, experts, witnesses, the secretary of the court session and citizen's representatives.

Article 86. Citizen's representatives, their rights and duties

86. Up to three Citizen's representative shall be allowed to take a part in court sessions which resolve cases by a panel of judges through procedures of the first instance.

(This paragraph was amended by the law of 24 April, 2014)

86. Citizen's representative shall have following rights and duties in case resolving:

1. familiarize himself/herself with the materials of the case, and take notes;
2. take part in the investigation of evidence;
3. Question a litigant, a third party, and their representative, a lawyer, a witness, an expert;

(This part was amended by the law of 03 August, 2007)

1. issue conclusion in writing with respect to evidence of the case and guilt of the litigants;
2. not to miss the court sessions appointed to by a schedule adopted by the judge's conference;
3. not to disclose secrecy of individuals, organizations and the state which disclosed to him/her in confidence;
4. observe order of the court sessions specified in this Law.

86. Conclusions of the citizen's representative indicated in subsection 4, paragraph 2 of this Law with respect to evidence of a case and guilt of the litigants shall be read out at the court session.

Article 87. Secretary of the court session

87. Secretary of the court sessions shall perform actions such as preparation of rooms and halls for court sessions, checking attendance at the court session and reporting it to a team of judges, to document Court proceedings by taking hearing minutes of it, voice and video recordings of hearing, delivering Court decision, issuing and delivering enforcement note, putting in order the cases, filing of the cases and transferring the case to archive.

(This part was amended by the law of 24 April, 2014)

Article 88. Court sessions

88. Cases shall be resolved only at court sessions except in cases of resolving it through simplified procedures.

Article 89. Presiding judge and his/her rights and duties

89. The court hearing shall be chaired by a judge who is assigned by the court's council of judges.

(This part was amended by the law of 03 August, 2007)

89. The presiding judge of the court session shall take measures to ensure the case proceedings are conducted according to law, the parties fulfill their rights and duties, and adversary principles and order of the court sessions are observed.

Article 90. Common procedure for court sessions

90. All persons in the Court room, must respect the Court, observe the established at the Court room procedure, and comply with the decisions of the presiding judge.

90. Persons taking part in the court sessions shall rise from its seat when giving his/her explanations, testimony, and conclusions. At the permission of the presiding judge the persons taking part in the court session may remain seated due to his/her illness when making a speech or when taking part in the contest.

90. Upon the judge or team of judges entering the Court room, all persons present in the Court room shall rise. All persons in the Court room [must also] stand to hear the Court decision.

90. The presiding judge shall first warn any person disturbing order during the court session. In the event of a repeated disturbance of the court session, the presiding judge shall remove the person from the Court room and shall have noted it in the minutes of court sessions and shall impose liability provided in laws and legislation.

90. In the event of a removal of the participants of a case, witnesses, or experts from the Court room, the court sessions shall be adjourned by an order of the presiding judge or may be continued if the presiding judge or a judge considers possible to resolve the case without having heard the explanation or testimony of violators of Court order. At the request of such persons he/she may acquaint themselves with the minutes of the court session.

Article 91. Declaration of a Challenge

91. A judge shall not take part in the case proceedings on following grounds:

1. if he took part in a previous trial of the same case in the capacity of litigant, third party, their representative, advocate, civil representative, mediator, secretary of the court sessions, witness, expert and interpreter;

(This part was amended by the law of 03 August, 2007)

(This paragraph was amended by the law of 24 April, 2014)

1. if he is a relative of the parties or other persons taking part in the case or if the judges in the team of judges are relatives;
2. if he has personal relationship with parties of the case, or if other circumstances exist which cast doubt on his impartiality.
3. In case of emerging situation, where potential conflict of interest may arise.

(This part was added by the law of 24 April, 2014)

91. The judge may not be challenged for grounds other than specified in Article 84 of the Law and paragraph 1 of this Article.

91. Application of the paragraph 1 of this Article shall also extend to a citizen's representative, expert, interpreter, and the secretary of the court session.

91. In addition to grounds specified in paragraph 1 of this Article, an expert or an interpreter may not take part in the court session in following circumstances:

1. if parties of the case may have influence on him/her due to their official position or for other reasons;
2. if he performed an inspection, the materials of which served as the grounds for the initiation of the case in question.

Article 92. Request for challenge and withdrawal

92. In case of the existence of the circumstances indicated in Article 91 of this Law, the judge, citizen's representative, expert, interpreter, or secretary of the court session shall be obligated to make a statement of self challenge prior to court sessions and if the grounds for challenging are discovered during the court session they shall make statement of self challenge at that particular time and withdraw.

92. A litigant, his/her representative, defense lawyer, citizen's representative or third parties may request a challenge of persons specified in paragraph 1 of this Law on the same grounds specified in Article 91. However such persons shall be obligated to make such request immediately and in case of arising reasons for challenge prior to court session they shall make the challenge right after opening of the court sessions.

92. In the event of the making of a challenge, the Court must hear the views of the persons taking part in the case and also hear the person challenged, if the latter wishes to give explanations.

92. Matters related to whether to accept challenge or not shall be discussed by team of judges or a judge in the conference room and shall be resolved by decision or order issued by the team of judges or judge respectively.

92. The question of disqualification of a judge is decided by the remaining judges in the absence of the judge challenged. In the event of a tied vote, the judge is regarded as being disqualified.

92. A challenge made to several judges or a judge or team of judges shall be decided by the Chief Judge of that Court by its order

92. The question of disqualification of an expert, interpreter, or Court secretary is decided by a team of Court or a judge trying the case.

92. A challenge made to the Chief Judge in the process resolving the case himself/herself alone, or to the whole membership of the Court is decided by the conference of judges, by a simple majority vote, through issuing a resolution.

Article 93. Consequences of acceding to a challenge

93. In the event of the acceding to a challenge of a team of judges or a judge the case is resolved in the same Court by a different team of judges or a judge.

93. In the event of acceding to a challenge of a whole membership of the Court or in the event of taking part by all judges in the prior case resolving, which precludes them retrying the case or in the case of insufficient number of judges who may take part in the team of judges, the case is remitted for trial to another Court of same instance by an order of the Chief Judge of that instance.

(This provision was changed by the law of 13 May 2016)

93. When a case arrives as prescribed in paragraph 2 of this Article, it shall be resolved by a judge who receives the case according to a schedule.

Article 94. Issuing a decision in conference room

94. Courts of all instances shall issue their decision in their conference room.

94. A proposal of a team of judges proposed in conference room regarding resolution of a case shall be kept in secrecy.

Article 95. Voting

95. A team of judges shall resolve each matter by its majority vote.

95. The presiding judge votes last.

95. No judge has the right to refrain from voting on the decision of any question.

Article 96. Court Minutes

96. The minutes of a court session shall state the time and place of conducting the court session, the time of commencement and conclusion of the session, the composition of a team of judges, and Court secretary, the name of the case, the family and surname and name of the parties to a case, a note of their appearance, a note of the explanation to persons taking part in the case of their rights and duties; explanations of persons taking part in the case, their contest, explanation of an expert, testimony of witnesses, data as to the inspection of evidence; a note on clarification by the team of judges or the judge about circumstances of the case, contents of the Court decision, and note on explanation of the term and procedure of its appealing.

96. The minutes must be drawn up within 3 days following the conclusion of the court session. The minutes shall be signed by the presiding judge and the court session secretary.

96. If the minutes of Court proceedings is drawn up with mistakes the minutes may be corrected at the proposal of the presiding judge or parties taken part in the case within 3 days, filing a written remarks on the minutes. The judge shall confirm it by its signing.

Article 97. Procedure to impose monetary fine

97. If a person taking part in court session has conducted violation at the court session for which a fine might be imposed as provided in law a Court and judge shall issue resolution or penalty respectively to impose on violator a fine for up to MNT 100.000.

97. In other cases than specified in paragraph 1 of this Article imposition of fines on the violator shall be decided by a judge upon bringing him/her to the Court. Non appearance of the violator shall not be considered as an obstacle to issuing a penalty.

CHAPTER TEN

ORDER OF THE COURTS OF FIRST INSTANCE

Article 98. Opening of the Court Session

98. The presiding judge opens the court session, announces the case which is to be heard and gives permission to persons present at the Court hall to sit down.

Article 99. Checking the attendance of court sessions and their authorization to participate in court sessions

99. The secretary of the court session shall check attendance of the court session and shall report to the presiding judge which of the persons summoned for the said case has appeared, whether writs were served on the persons who have not appeared, and what information is available as to the causes of their nonappearance.

99. The Court establishes the identity of the persons appearing and checks the authorizations of officials and representatives.

Article 100. Consequences of the non appearance at the Court Session of the litigants and participants

100.                     The Court may hear case in the court session in the absence of the plaintiff and their defense lawyer, if the plaintiff and its representative have submitted written consent on it to the Court.

100.                     In the event of the nonappearance at the court session of the plaintiff, its representative, or defense advocate  duly notified of the time and place of the court session, for causes which the Court considers not adequate the team of judges or a judge may resolve the case in the absence of the plaintiff on request of a defendant on the basis of evidence or other circumstance of the case or may return the claim. On this matter the Court and judge shall issue resolution and an order respectively.

100.                     In the event of the nonappearance at the court session of a defendant, its representative, or defense advocate  duly notified of the time and place of the court session, for causes which the Court considers not adequate the plaintiff may request the Court to resolve the  case in the absence of the defendant. In this case the Court shall resolve the case on the basis of plaintiff's explanation and other evidences.

100.                     The Court may resolve the case based upon evidences collected at that time and other circumstances even no request is submitted to the Court to resolve the case in the in the absence of litigants as provided in paragraphs 2, 3 of this Article. In this case the Court will consider the previous explanations given by the litigants of the case as equal to explanations given at the court session.

100.                     In the event of the nonappearance at the court session of plaintiff and defendant the Court may resolve the case as provided in paragraph 4 of this Article.

100.                      If an appeal is not lodged on a court decision, which was made in the absence of a litigant of a case, within the term specified in Article 120.2 of this Law, it shall be complied in accordance with the general procedure.

(This part was amended by the law of 03 August, 2007)

100.                      An appeal shall be lodged on a court decision, which was made in the absence of a litigant of a case in accordance with the general procedure.

(This part was amended by the law of 03 August, 2007)

100.                     In the event of non appearance of an appointed citizen's representative, duly notified, the Court may hear case at court sessions in its absence upon given by the litigants permission. It shall not be considered as grounds for adjourning the court session. However, court session shall be adjourned if one of the litigants does not agree it.

Article 101. Explanation of interpreter's duties

101.                     The presiding judge shall warn an interpreter of his/her duties and liabilities for in correct translation and shall cause him/her to sign Court minutes on this warning.

Article 102. Removal of Witnesses From the Court Room

101.                     Witnesses subpoenaed to the Court shall be temporarily removed from the Court room until they are questioned.

101.                     The presiding judge shall take measures to prevent the witnesses from communicating.

Article 103. Announcement of the Composition of the Court and Explanation of the Right to Challenge

103.                     The presiding judge announces the composition of the Court and introduces the interpreter, citizen's representative, and secretary of the court session, and explains to the persons taking part in the case their right to challenge them.

103.                     In case of submitting a request to challenge one of them it shall be resolved as provided in Article 92 of this Code.

Article 104. Explanation of Rights and Duties to Persons Taking Part in a Case

104.                     The presiding judge explains to persons taking part in a case their rights and duties specified in law.

Article 105. Resolving by the Court of Applications Made by Persons Taking Part in a Case

105.                     Applications by persons taking part in a case with respect to compiling new evidence and on all other questions connected with the case proceedings shall be decided by a team of judges or a judge immediately after hearing the opinions of the other persons taking part in the case.

105.                     If the Court considers adequate the presenting of additional explanations and new evidence significant to the case resolution during the court session, although it may have been presented or proposed earlier, the Court shall accept it for exploring and if considers necessary  may adjourn the court session once.

Article 106. Starting the hearing of the case

106.                     The case proceedings begins with a report from the presiding judge or a judge on a case.

106.                     The presiding judge then asks whether the plaintiff persists in his demands, whether the defendant admits the plaintiff's demands, and whether the parties wish to conclude a friendly settlement. In case parties wish to reconcile parties shall be asked for mediation service.

(This paragraph was amended by the law of 24 April, 2014)

106.                     The plaintiff may withdraw his claim without obtaining permission from defendant.

106.                     A defendant may admit the plaintiff's claim in whole or in part or litigants may agree to friendly settlement before the Court issues its decision.

106.                     If the plaintiff's withdrawal, the defendant's admission and acceptance of a claim, or the friendly settlement between litigants do not violate rights, freedom and interests of other persons protected by law the judge may issue order, Court may issue a resolution dismissing the case and confirming the plaintiff's withdrawal, the defendant's admission of the action, or the friendly settlement between litigants. Provision 74.4 of this law shall apply to these judge's order, court resolution.  

(This part was amended by the law of 03 August, 2007)

106.                     The Court decision shall state that the Court costs and the state stamp duty are to be paid by a plaintiff if he/she withdraws his/her claim or by a defendant if he/she admits and accepts the claim's demand or is to be divided between litigants if they have concluded friendly settlement.

Article 107. Contest between litigants and persons taking part in a case

107.                     Prior to the contest of the litigants and their explanations, a presiding judge shall remind them of their rights and duties and shall advise to give truthful explanations.

107.                     A plaintiff, third person taking the side of the plaintiff and their representative or advocate shall prove the demand of the claim, dispute events and evidence, guilt of a defendant and grounds for denial of the defendant's refusal to admit the claim.

(This part was amended by the law of 03 August, 2007)

107.                     A defendant, third person taking the side of the plaintiff and their representative or advocate or shall present the grounds and evidence for refusal to admit the claim's demand.

(This part was amended by the law of 03 August, 2007)

107.                     A person who is participating in the case proceedings for the purposes to protect other's right, freedom and interests shall present to the Court their explanations and evidence.

107.                     At the court sessions, the parties may refer to their prior explanations given in writing.

Article 108. Examination of evidence and order of asking questions

108.                     The Court shall determine the order of testimony of the witnesses and experts, exploring and examining of documentary and physical evidence and examination of other evidence and shall conduct such activities according to procedures set forth in articles 110, 111 and 112 of this Law.

108.                     The persons taking part in a case shall ask questions with respect to explanations of witnesses and litigants and conclusions of experts in following order:
     1. presiding judge;
     2. a judge, citizen's representative;
     3. a person presenting an evidence;
     4. a person opposing to the evidence.

Article 109. Hearing of witnesses

109.                     Presiding judge shall bring into Court room a witness and shall warn him of his duties and liabilities to be imposed on him/her and shall have caused him/her to sign the minutes of court session on this.

109.                     Each witness is questioned separately. A witness who has not yet testified may not be present in the Court room during the process of the court session. A witness who has been questioned remains in the Court room until the conclusion of the court session, unless the presiding judge permits him/her to leave earlier.

109.                     The Court shall allow parents, guardians, supporters and teachers of under age witnesses to take part in their testimony. During hearing of testimony of such witnesses, a Court may remove from a Court room a participant who may have influence on the under age witnesses in giving truthful testimony. After his return to the Court room, he must be informed of the testimony of the under age witness and an opportunity must be provided for him to put questions to the witness. A witness who is under the legal age shall be withdrawn from the Court room after hearing of his/her testimony.

109.                     A Court may conduct preliminary testimony of a witness, or may reexamine the witness.

Article 110. Examination of documentary and real evidence

110.                     A Court shall examine evidences and documents collected in the case and shall read out, to the court session, the written evidence which it considers necessary or requested by participants of the case, witnesses or an experts and shall present the physical evidence.

110.                     A Court shall not present documents containing secrecy of state, organization and persons specified by law. With the object of preserving the secrecy of correspondence, a personal correspondence of citizens may only be read out in an open court session with the consent of that persons. Reading out and examination of the personal correspondence shall be executed in closed court sessions.

110.                     In the event of an allegation that a document pertaining to the case is a forgery, the person who knows such document being forgery may ask the Court to exclude it from the evidence. A person who alleges of the false nature of a document shall have a duty to prove the false nature. In order to verify an allegation, the Court may order expert investigation or require other evidences.

110.                     If it is determined that a document is a forgery, the Court excludes it from the evidence. If persons taking part in the case consider necessary, they may file a claim regarding the false document to an appropriate legal organ.

Article 111. Reading out conclusions of an expert

111.                     The conclusion of the expert is read out at the court session.

111.                     An expert shall explain his/her conclusion if he/she is present at the court sessions. Then questions may be put to the expert.

111.                     In the event of the expert's conclusions being doubtful, or unclear, or ill founded or in the event of issuing contradicting conclusions by experts, the Court may order another expert to conduct the expertise.

Article 112. Additional clarification from persons taking part in a case

112.                     After examining of the evidence, the presiding judge asks the litigants, third parties, their representatives or defense lawyers whether they have issues that need additional clarification.

Article 113. Issuing of conclusions by a citizen's representative

113.                     A citizen's representative shall issue a conclusion with respect to disputed event or evidence or guilt of litigants. If issuing conclusions in writing is not possible due to health and other considerable reasons, the citizen's representative shall have caused to make notes in the minutes of court session and may issue its conclusion orally.

113.                     The citizen's representative shall read out its conclusion at the court session.

Article 114. Withdrawal of the team of judges to the conference room

114.                     The presiding judge shall announce a recess of the court session and team of judges shall withdraw to its conference room to issue its decision.

114.                     It shall be prohibited for litigants to go out during the recess of the court session.

114.                     If case is resolved by team of judges consisted of 3 judges the decision of a Court is adopted by majority vote.

114.                     If case is resolved by team of judges consisted of 3 judges who propose 3 different proposals, the decision shall be issued based on the proposal made by the Chief Judge. A proposal of 2 judges voted against shall be attached to the case in writing.

(This part was annulled by the law of 07 May, 2004)

CHAPTER ELEVEN

DECISION AND ITS ISSUANCE

Article 115. Decision

115.                     A decision is a document of a Court of the first instance issued upon resolving a case.

115.                     The Court of first instance shall issue one of the following decisions with respect to the case:
     1. satisfy the claim's demand;
     2. satisfy the some part of the claim's demand and dismiss the rest of it;
     3. dismiss the whole claim.

Article 116. Issuing a decision in the name of Mongolia

116.                     The Court shall issue the decision in the name of Mongolia.

116.                     The decision of a Court shall be lawful and well grounded.

116.                     The decision shall be based upon the evidence discussed at the court session.

Article 117. Dismissing the case

117.                     The case shall be dismissed and if the ground specified in 65.1.9-of this law is established after initiation of civil case or grounds specified in subsection 1, 3, 4, 5, 6, 7, 8, 10 of paragraph 1 of Article 65 are established during hearing of the case at the court session. In this respect the Court and the judge shall issue resolution and order respectively.

(This paragraph was amended by the law of 24 April, 2014)

Article 118. Content of the decision

118.                     A decision shall consists of introductory, descriptive, motivational, and resolutive parts.

118.                     The introductory part of the decision shall specify when, where, and which Court does issue the decision, the name of judges, or a judge, secretary of the court sessions, litigants and persons taking part in a case.

118.                     The descriptive part of the decision shall contain contents of the demand of the claim, explanations of the plaintiff, refusal and explanations of the defendant and explanations of litigants, third parties and their representatives.

(This part was amended by the law of 03 August, 2007)

118.                     The motivational part of the decision must indicate legal and material grounds of the evidence kept in the case or discussed at the court sessions which served as grounds for resolving the case and their evaluation by the Court.

118.                     The resolutive part of the decision must specify in detail the name of the law applied and article, paragraphs by which the Court was guided, and shall specify if the claim and counterclaim filed to the Court were satisfied or if some part of the claim was satisfied while dismissing some part of it, or if the claim is dismissed wholly and shall indicate resolution of issues such as payment of the state stamp duty fee and Court costs. It shall also reflect issues such as what to do with the evidence or what rights and duties shall be implemented by the plaintiff and the defendant respectively, if several plaintiffs or defendants had taken part in the case. Method and the procedure of decision execution, entering into human dwelling, other places, execution of inspection and search in body, dwelling, other places, and seal of property, taking property as pledge, confiscation of property and issue of other necessary permits for decision execution operation shall also be specified in this part.     

(This paragraph was amended by the law of 09 June, 2017)

(This paragraph was amended by the law of 12 April, 2018)

118.                     The resolutive part specified in paragraph 5 of this Article shall have a directive form.

Article. 119 Announcing the decision and closing the court session

119.                     The presiding judge shall read out the content of the resolutive part of the decision, explain the other essential matters and close the court session.

119.                     The decision shall come into force as soon as it is introduced and heard.

(This part was amended by the law of 03 August, 2007)

119.                     The content of the decision shall be written in full and signed by the judge and court panel as specified in Article 118 of this Law within 7 days after the decision becomes effective.

119.                     A litigant participated in the court hearing shall come to the court and collect the decision in person within 14 days after the expiration of the term specified in Article 119.3 of this Law.

(This part was amended by the law of 24 April, 2014)

119.                     If the case was resolved in the absence of a litigant, the court decision shall be handed over to the litigant within the term specified in Article 119.4 of this Law. If it is impossible to hand over the decision or the litigant does not come to receive the court decision as specified in Article 119.4 of this Law, the court shall deliver it by a certified post to the residential address (home address) or by the court officer within 7 days after the expiration of the specified term.

(This part was amended by the law of 24 April, 2014)

119.                     The court decision delivered in accordance with Article 119.5 of this Law shall be considered as accepted and procedure specified in Article 77.6 this Law may be complied for delivering the court decision.

119.                     Failure to receive the decision in person, as stipulated in Clause 119. 4, shall not prevent from calculating deadlines for filing a complaint according to the procedure as specified in law.

(This part was added by the law of 24 April, 2014)

119.                     If the deadline specified in Clause 119.4 was missed due to improper activity of the court, clause 119.7 shall not apply. In this case, the decision shall be delivered as per Clause 119.5 and the term shall be calculated as per Clause 119.6.

(This part was added by the law of 24 April, 2014)

Article 120. Legally binding court decision and making complaint to the court decision  

120.1. The trial court decision shall become legally binding in following cases:

120.1.1. No appeal was lodged within the term specified in Article 120.2 of this Law;

120.1.2. The appellate court reviewed the lodged appeal and issued a ruling. No complaint was made to the ruling by supervisory procedure as specified in Article 167.1.1 - 167.1.3 of this Law;

120.1.3. The court of supervisory instance issued a resolution specified in Article 176.2.1 -176.2.3 of this Law, upon reviewing the complaint to the ruling of the appellate court lodged by supervisory procedure.

120.2. A litigant, a third party, and their representative or lawyer may appeal to the courts of province or capital city within 14 days after the receipt of the trial court decision. 

120.3. If a litigant, a third party, and their representative or lawyer exceeds the term specified in Article 120.2 of this Law, a request to recover such term shall be made to the trial court and a judge shall decide whether to fulfill the request by issuing an order.

120.4. A litigant, other participant of a case, including a successor to their rights does not have the right to re-file a claim on a dispute that is already reviewed by court or dispute on facts, legal relations and different civil case proceedings that are already established by court.

(Article 120 was amended by the law of 03 August, 2007)

Article 121.Explanation of decision

121.                     In the event of necessity the judge or team of judges by which the case was decided may, on the application of persons taking part in the case, to explain in oral or written form the legal grounds of its decision only prior to enforcement of this decision.

Article 122. Consequences of filing a claim by way of appeal or review procedures

122.                     If a complaint is filed by way of appeal or review procedures, the enforcement of the Court decision shall not be effected until the complaint is resolved.

122.                     If a complaint is filed by way of appeal or review procedures, the measures taken earlier to secure implementation of Court decision, as provided in Article 69 of this Law shall remain in effect within the term of resolving the case.

Article 123. Resolution of a Court, order of a judge and their issuance

123.                     In all other occasions, except when a case was resolved and a decision is made according to provisions of Article 115 and 116 of this Law, the Court shall issue a resolution and the judge an order with respect to conducting case proceedings or dismissing a case.

123.                     The Court resolution shall be issued when a team of judges is resolving a case and the order shall be issued when a judge is resolving a case alone or at times other than court sessions.

(This part was amended by the law of 03 August, 2007)

123.                     Court resolutions and judge orders on deferring court session, stay of case proceedings, renewal of proceedings, resolving request on challenging and on issues being resolved at times other than court sessions shall be issued in writing. Court resolutions and judge orders on other issues may be issued verbally by way of stating them in the minutes of the court sessions.

(This part was amended by the law of 03 August, 2007)

Article 124. Annulling or changing resolution of a Court, order of a judge

124.1  If a court resolution and judge order, issued in accordance with Article 123.1 of this Law, clearly has poor grounds, the court panel may issue a resolution and a judge order for invalidation or amendment.

(This part was amended by the law of 03 August, 2007)

CHAPTER TWELVE.

PROCEEDINGS IN CASES RELATED TO MARRIAGE

Article 125. Resolving cases related to marriage

125.                     If not provided by this Chapter, disputes arisen due to marriage relationships shall be resolved through normal procedures provided by this Law.

125.                     Upon termination of the reconciliation process as specified in the Article 28 of the Law on Reconciliation and filing a claim to the court, the case shall be resolved through the normal procedures, provided by this Law.

(This part was added by the law of 24 April, 2014)

125.                     Reconciliation measures can be resumed during the normal court proceedings on the grounds, provided in Clause 125.2.

(This part was added by the law of 24 April, 2014)

Article 126. Claim on annulling a marriage

126.                     A claim on annulling a marriage shall be filed to the Court from the area where the defendant resides.

126.                     If it is difficult for the plaintiff to reach the area where the defendant is, due to considerable reasons such as raising an infant, being disabled and others, the claim may be filed to the Court from the area where he/she resides.

126.                     The litigants may agree on whose residing area Court is to resolve the case.

126.                     The claim on annulling a marriage shall state family names, parents' names and names of the married persons, when and where the marriage was registered, reasons for annulment of the marriage, if the marriage has underage child then his/her name, date of birth, requests for bringing up, establishing a guardianship, support and property, whether there is an mutual agreement on this and other relevant evidence shall be attached.

Article 127. Making available alimony and division of property among the married couple

127.                     If, during annulment of the marriage, the wife or the husband was seriously ill, or was unable to work or was in essentially need for financial support, then the Court may resolve, together with the claim for annulling the marriage, disputes related with making available alimony, division of jointly owned property and leaving underage children under one of their guardianship.

Article 128. Judge ordering on fulfillment of agreement between the married on property or on guardianship

128.                     If the married couple mutually agreed and entered respective agreements on property or on guardianship but did not fulfill them voluntarily, and by the request of any one of the parties a judge shall issue an order with respect fulfilling these agreements.

Article 129. Preliminary actions to review and resolve cases related to annulling a marriage

129.                     In resolving a case related to annulling a marriage a judge may issue an order to conduct following preliminary actions if he/she considers necessary:
     1. to support underage children and disabled parents;
     2. to place underage children with any one of the parents;
     3. to instruct the married couple to live separately;
     4. to make one of the married couple to support other;
     5. to prohibit transfer, sale, gift and disposal of a home and other jointly owned property and immovable property;
     6. to pay in advance certain portions of Court expenses;
     7. to specify deadline for litigants to reach reconciliation through reconciliation procedure.

(This part was amended by the law of 24 April, 2014)

Article 130. Changing, making void, terminating preliminary actions to resolve cases related to annulling a marriage

130.                     The Court may, by the request of the litigants, change or make void the preliminary actions to resolve cases related to annulling a marriage set forth in Article 129 of this Law.

130.                     In following cases the preliminary actions to resolve cases related to annulling a marriage shall be considered to be terminated:
     1. the married couple settled differences and the Court issued an order certifying the settlement and dismissing the case;
     2. there is a Court decision on the case related to annulling the marriage.

Article 131. Arrival of the married couple at the court session

131.                     The married couple shall be obligated to arrive themselves at the court session even though the representatives or advocates of the litigants are taking part in the case proceedings.

131.                     The court session may be deferred if one of the married couple did not arrive due to considerable reasons.

131.                     If the married couple fails to arrive for the second time without any legitimate reasons, the case may be resolved without presence of the defendant. If the plaintiff did not arrive, then the claim shall be returned.

131.                     If, due to legitimate reasons, the plaintiff requested to resolve the case without his/her presence and notified this in writing, the claim shall be resolved at the court session without his/her presence.

Article 132. Resolving a case on annulling a marriage

132.                     During the preparation process of the case before the court session and at the court session the Court shall determine the reason for annulling the marriage and take all measures aimed at settling differences between the married couple.

132.                     The settling measures provided in paragraph 1 of this Article shall be taken only once. Unsuccessful mediation process attempted out of court shall not become the ground for refusal from mediation process after the initiation of civil case in family dispute.

(This paragraph was amended by the law of 24 April, 2014)

132.                     If the married couple settles differences, then the Court shall issue an order certifying the settlement and dismiss the case.

132.                     However, if it is not possible for the married couple to settle differences according to provisions of the Law on Marriage, or it is likely that due to constant violence and pressures exerted by one of the spouses a serious danger and consequences will be caused to life and health of the family members and development of a child or it is established that they have been caused, then a judge may annul the marriage without taking the measures set forth in paragraph 1 of this Article.

132.                     If the married couple did not settle differences within the period of measures the Court have taken for the settlement, then a judge shall make a decision to annul the marriage. In making decision on annulment of the marriage and if there is no agreement among the married couple on further bringing up the child, the judge, based on the claim, shall resolve disputed issues on which parent's guardianship the child should be left with, on division of jointly owned property, on making available the child support and on the home. If provided by law, the Court shall establish the amount of the state stamp duty for registering the annulment of the marriage and shall determine who among the married couple shall pay which part of the duty.

132.                     If the claim is satisfied the Court shall issue a decision to consider the marriage annulment void.

1321    (This Article (Chapter 12) was added by the law of 07 July 2005 and annulled

by the law of 03 August 2007) 

CHAPTER THIRTEEN

SPECIAL PROCEEDINGS FOR REVIEWING AND RESOLVING CASES

Article 133. Cases to be resolved by way of special proceedings

133.                     Court shall resolve following cases by way of special proceedings:
     1. on establishing facts having legal significance;
     2. on considering a citizen missing or declaring deceased;
     3. on considering a person legally incapable due to mental illness or constant abuse of narcotic substances or alcohol;
     4. on considering an adoption of a child void;
     5. on considering determination on guardianship or support void;
     6. on restoring lost rights due to loss of documents mandating the rights;
     7. on establishing an inaccuracy of entries in the civil status registers;
     8. on restoring lost materials of the civil case or of the Court decision implementation;

(This part was amended by the law of 24 April, 2014)

1. on searching for the defendant as requested by the plaintiff.

Article 134. Resolving cases by way of special proceedings

134.                     If not otherwise provided by other laws and in this Chapter, cases to be resolved by way of special proceedings shall be resolved through normal procedures provided by this Law.

134.                     The cases prescribed by Article 133 of this Law shall be resolved by the Court upon notification, based on request of the persons filing the request, relevant legal entities and citizens.

134.                     If rights of other citizens or legal entities are affected during the process of resolving a case by way of special proceedings, they may take part as a third party.

Article 135. Facts having legal significance

135.                     Facts that directly correlated to the creation, alteration, or termination of property or non property rights of citizens or legal entities are the facts having legal significance.

135.                     The Court shall establish following facts having legal significance through case proceedings:
     1. blood relationships of persons;
     2. the fact of dependence of some person on another;
     3. the fact of the registration of a birth, age determination, adoption, marriage, divorce, or death;
     4. the fact whether a person is real owner of a document mandating rights (other than a citizenship certificate and marriage certificate issued by the organs of marriage registration) when it refers to a person whose family name, parents' name, name and date of birth do not coincide with the citizenship certificate or birth certificate;
     5. the fact of an accident;
     6. past work performance of a person;
     7. the fact of determining parents;
     8. the fact of supporting someone's own child;
     9. re-determining size of a support;
     10. considering void a marriage or divorce;
     11. the fact of handing over to custodians the responsibility for property of a child transferred to an orphanage or a guardian or a person transferred to social welfare organizations;
     12. limitation, deprivation or restoration of the right to be a parent;
     13. determining an age;
     14. other facts having legal relevance if no other procedure for their establishment is prescribed by statute.

135.                     The Court establishes these facts only where it is impossible to obtain, by any other procedures, the appropriate documents attesting such facts, or in case of the impossibility of replacing lost documents.

Article 136. Filing a request to establish facts having legal significance

136.                     Requests to establish facts having legal significance are filed in the Court for the citizens or legal entities place of residence, or in the Court for the area where the facts have taken place.

136.                     Requests by persons serving imprisonment sentences to establish facts having legal significance are filed in the Court for the place of imprisonment.

136.                     The request shall indicate the purpose for which the applicant wants to establish the fact, and evidence confirming the impossibility of the applicant's obtaining the proper documents or the impossibility of replacing the lost documents shall be attached.

136.                     If the requirements set forth in paragraph 3 of this Article have not been met, then the Court shall refuse in receiving the request.

136.                     Several interconnected requests with one purpose of establishing facts having legal significance may be consolidated by the Court.

136.                     If applicants reside in different places they shall file in the Court for an applicant's place of residence who is chosen among themselves, or in the Court for the area where the facts have taken place.

Article 137. Filing a request for considering a person missing or declaring deceased

137.                     A request for considering a person missing or declaring deceased shall be filed in the Court for the place where the person last resided or if the place of last residence is unknown then in the Court under jurisdiction of which the place of employment is located.

137.                     The request shall indicate the purpose for which the applicant wants to consider a citizen missing or declare deceased, and the circumstances confirming the disappearance of the citizen, or the grounds for considering the person deceased or lost his/her life and shall attach evidences.

Article 138. Actions of the judge after accepting the request for considering a person missing or declaring deceased

138.                     The Court that accepted the request shall elucidate what persons (relatives, colleagues, persons studied together) may give information about the missing person, and also shall inquire about the missing person of the relevant organizations at the last known place of residence or work for any information they may have.

138.                     If considered necessary the Court may instruct the police to take actions for searching the person and to instruct relevant organizations and their officials to protect his/her property.

Article 139. Resolving the case on considering a person missing or declaring deceased

139.                     In resolving a case on considering a person missing or declaring deceased, the judge shall allow the applicant to take a part.

139.                     After a Court's decision on considering a person missing is made, in order to protect the missing person's property, a copy of the decision shall be sent to the organization of guardianship at the place where the property is located.

139.                     After a Court's decision on declaring a person deceased is made, the Court making that decision shall send a copy of the decision to the organization of civil status registration authority or guardianship at the place where the Court that made the decision is located, in order to make relevant entries in the civil status register and to protect his/her property.

Article 140. Annulling the decision of a Court on considering a person missing or declaring deceased

140.                     In the event of reappearance or the discovery of the whereabouts of a person considered to be missing or declared to be deceased the Court shall make a new decision and annul the decision previously made.

140.                     Based on the new decision the protection on the person's property shall be changed or the entry in the civil status register shall be annulled relevant organizations shall be instructed to observe it.

Article 141. Filing a request to consider a person legally incapable

141.                     A request to consider a person legally incapable, as a result of mental illness or constant abuse of narcotic substances or alcoholic drinks, shall be filed to Court by his/her family, other interested parties (election committees, presidiums of soum and district Citizens Representatives Hurals, governors) the organization of guardianship and an institution for health treatment.

141.                     The request shall be filed in the Court for the place of residence of the person or of a health institution where he/she is being treated.

141.                     In the request, the circumstances shall be clearly set out which attest to the fact that the person cannot understand the significance of his actions or properly control them due to mental illness or constant abuse of narcotic substances or alcohol.

Article 142. Resolving the case on considering a person legally incapable

142.                     The Court, that received the request shall appoint and direct an expert of forensic psychiatry and traumatology for conducting an appraisal to determine whether the person can understand the significance of his actions or properly control them.

142.                     A person who evaded the appraisal may be subjected to compulsory examination by an order of a judge.

142.                     In resolving the case the Court may allow representatives of the organization of guardianship or relevant guardian to take part in the court session.

Article 143. Decision on considering a person legally incapable

143.                     Based on the experts opinion and other circumstances, the Court shall determine whether the person has limited capability or is legally incapable, issue an appropriate decision and appoint guardianship.

143.                     After the decision of the Court, whereby a citizen is considered to be legally incapable, is made and the terms for filing a complaint by way of appeal and review procedures is expired, the decision shall be sent to relevant organization and the applicant for purposes of establishing guardianship for the person.

143.                     If the person considered to be legally incapable is cured or his/her health is noticeably improved, the Court, on the application of the person, his/her guardian as well as of the persons provided in paragraph 1, Article 141 of this Law, and based on the conclusion of forensic-psychiatry and traumatology expert may make a decision declaring the person to have full legal ability.

143.                     After the decision described in paragraph 3 of this Article is made, the decision shall be sent to the relevant organizations for annulling the guardianship of the person.

Article 144. Costs of case proceedings on considering a person legally incapable

144.                     Court expenses in connection with the case proceedings for considering a person legally incapable due to mental illness shall be the liability of the state.

144.                     Court expenses in connection with the case proceedings for considering a person legally incapable due to constant abuse of narcotic substances or alcohol shall be the liability of the state.

144.                     If it is established that a request described in paragraph 1, Article 141 of this Law was filed in order to deprive a person from his/her legal capacity while knowing that he/she is healthy with respect to the mental state, the guilty person shall be liable for all Court costs.

Article 145. Filing and resolving a request to consider an adoption of a child void;

145.                     A request to consider an adoption of a child void shall be filed to Court for the place of the child's residence.

145.                     In the request on considering an adoption of a child void, the reasons on this shall be clearly set out and relevant evidence shall be attached.

145.                     In hearing the case on considering an adoption of a child void, the Court shall allow both the giving for adoption and adopting parties to take part in the court session.

145.                     Failure to arrive by one of the parties without any legitimate reasons shall not serve as a basis for deferral of the court session.

145.                     Representatives or advocates of the litigants and representatives of the organizations for protection of children's rights and interests may take part in the case proceedings.

145.                     If the Court satisfies the claim it shall make decision to consider the adoption of a child void.

145.                     If the Court made the adoption void as provided in paragraph 6 of this Article, and if there is no parent or guardian, supporter or legal representative then the Court shall decide to transfer the child to organizations of children's guardianship.

145.                     If damages were caused by the giving for adoption party to the adopting party they may be resolved together with the case for considering the adoption void.

Article 146. Filing and resolving a request on considering a determination on guardianship or support void;

146.                     A request to consider a determination on guardianship or support void shall be filed to Court for the place where the beneficiary of the guardianship or the support resides.

146.                     If the place of residence for the beneficiary of the guardianship or the support is unclear, the request may be filed to Court for the place where the guardian or supporter resides.

146.                     In the request on considering a determination on guardianship or support void, the reasons on this shall be clearly set out and relevant evidence shall be attached.

146.                     The parties shall be allowed to take part in the court session and their failure to arrive shall not serve as a basis for deferral of the court session.

146.                     Representatives or advocates of the litigants and representatives of the social welfare organizations may take part in the case proceedings.

146.                     If the Court satisfies the claim it shall make decision to consider the determination on guardianship or support void.

Article 147. Filing a request on restoring lost rights due to vanishing of documents mandating the rights;

147.                     In the event when vanishing of documents mandating the property and non property rights was announced and a dispute arises regarding the possession rights of these documents, a request to restore the rights shall be filed to a Court unless otherwise provided by law.

147.                     The request shall be filed in the Court for the place where the organization that issued the documents is located.

147.                     In the request, the person used to possess the document shall state what rights did he/she have, together with reasons and relevant evidence shall be attached.

147.                     The Court shall explain that the applicant shall have the rights to file a claim against a person possessing the documents through normal procedures provided by this Law.

Article 148. Resolving the case on restoring lost rights due to vanishing of documents mandating the rights

148.                     In resolving the case on restoring lost rights due to vanishing of documents mandating the rights, the Court shall allow the applicant to take part.

148.                     If the applicant specified in paragraph 1 of this Article fails to arrive without legitimate reasons, it shall not serve as a basis for deferral of the court session.

148.                     If the Court satisfies the request it shall make decision instructing the organization that issued the documents to re-issue a new one in place of the vanished document.

Article 149. Filing a request on establishing an inaccuracy of entries in the civil status registers

149.                     If there is no litigation and the organizations of civil status registration refuse to correct the entries in the register a request on establishing an inaccuracy of entries in the civil status registers shall be filed to Court.

149.                     The request described in paragraph 1 of this Article shall be filed in the Court for the place of residence of the applicant.

149.                     It shall be stated what entry in the civil status register was written incorrectly, and when and which organization of civil status registration refused to correct it and relevant evidence shall be attached.

Article 150. Resolving a case on establishing an inaccuracy of entries in the civil status registers

150.                     The Court, shall resolve the case on establishing an inaccuracy of entries in the civil status registers while informing the applicant.

150.                     If considered necessary, the Court shall allow the representatives of the civil status registration organization to take a part in the court session.

150.                     After a decision which established the incorrect entry in the civil status registers was made, the decision shall be sent to the civil status registration organization for purposes of relevant correction in the registers.

Article 151. Restoring lost materials of a case or of a Court decision implementation

151.                     If materials of a case or of a Court decision implementation were vanished and by the request of the participants of a case as well as by the Court initiative, they may be restored in full or in part.

Article 152. Filing a request to restore lost materials of a case or of a Court decision implementation

152.                     A request to restore materials of a case shall be filed to Court which decided the case and a request to restore materials of a Court decision implementation shall be filed to Court for place where the decision should be implemented.

152.                     In the request, the statements shall be clearly set out about the materials of the case or of the Court decision implementation and relevant documents or their copies shall be attached.

Article 153. Resolving the case on restoring lost materials of a case or of a Court decision implementation

153.                     In resolving the case on restoring lost materials of a case or of a Court decision implementation the Court shall use remaining materials of the case or of the Court decision implementation or documents, their copies distributed before the materials were lost or any other documents with significance. The Court that is to resolve the case on restoring lost materials of a case or of a Court decision implementation may take testimonies from the participants of the case and, if necessary, from the team of judges who previously resolved the case and person who implemented the decision, in the capacity of witnesses.

153.                     If gathered materials with respect to restoring lost materials of a case or of a Court decision implementation are not enough, then the request on this shall be refused by a resolution of the Court or an order of the judge and the case shall be dismissed. If a case was dismissed this way, an interested party shall have the right to re-file a claim upon gathering evidence according to procedures set forth in this Law.

Article 154. Costs with respect to restoring lost materials of a case or of a Court decision

154.                     Court expenses in connection restoring lost materials of a civil case or of a Court decision shall be the liability of the state.

154.                     If it is established that the grounds described in paragraph 1, Article 152 of this Law were deliberately forged, the guilty person shall be liable for all Court costs.

Article 155. Searching for the defendant

155.                     If place of residence of a person who should take part in a dispute of civil legal relationship as a defendant, is unknown a request may be filed to a Court to search for him/her.

155.                     The request described in paragraph 1 of this Article, may be filed to Court for the place where the applicant resides.

155.                     In the request, the grounds for the search for the person to be defendant shall be set out, and the documents significant in pointing out the whereabouts of the person shall be referred to and, if possible, shall be attached to the request. Upon accepting the request the Court shall issue an order on search.

(This part was amended by the law of 03 August, 2007)

155.                     Actions regarding the search of the person to be defendant, identification of his/her whereabouts shall be implemented by police according to the order of the Court.

(This part was amended by the law of 03 August, 2007)

"Article 1551. Request for deeming a legal entity bankrupt and court proceedings of such request

1551.1. A customer entitled to demand a fulfillment of an obligation or a legal entity unable to fulfill its obligation may make a request to the court of the legal entity's area of residence, for deeming the legal entity bankrupt.

1551.2. Place, date and time for the court hearing shall be informed to litigants or representatives of a legal entity (if made the request itself), when resolving the case for deeming the legal entity bankrupt.   

1551.3. The absence of the party specified in Article 1551.2 of this Law, at the court hearing without any excusable reasons, shall not constitute a ground for delaying the court hearing.

(This Article 1551 was amended by the law of 03 August, 2007)

CHAPTER FOURTEEN

PROCEEDINGS FOR RESOLVING A CASE BASED ON A COMPLAINT

Article 156. Cases to be heard on the basis of a complaint

156.                     Court shall hear following cases on the basis of the complaint:
     1. Complaint filed in compliance with law, against the decision and activities of Court, procurator's office or inquiring and investigation authorities or state administrative organ other than that is set out in Article 5 of the General Administrative Law and business entity and of their officials;

(This paragraph was amended by the laws of 04 February 2016 and 18 May 2017)

1. Complaint filed on decisions and activities of tender committee as provided in the Law on Procurement Procedure of Goods and Selection of Contractors for Works and Services Using State and Local Government Funds.

(This sub-paragraph was annulled by the law of 03 August 2007)

1. Other complaints specified by law to be subject to resolution of the Court.

156.                     If not otherwise provided in this Chapter, the Court shall hear the cases subject to hearing on the basis of complaint, according to normal procedures determined by this Law.

Article 157. Filing a complaint

157.                     If no other jurisdiction is established by law, the complaints specified in paragraph 1 of this Article shall be filed to the Court for the place of organs, business entities and their officials which have issued the decision or conducted the activities.

157.                     The complaint shall specify the organs, business entities or their officials whose decision or activities are being subjected to the complaint, the laws and legislation which are violated by that particular decisions or activities and shall indicate grounds and proofs for considering the decisions or activities illegal.

157.                     If law provides preliminary resolution of the complaint outside of Courts, the Court shall receive and hear the complaint only after satisfying this requirement.

Article 158. Stay of implementation of decisions and activities of the tender committee

158.                     If considered necessary the Court may stay the implementation of tender committee's decision or activities for the term until the case is resolved.

(This article was annulled by the law of 03 August, 2007)

Article 159. Hearing the complaint

159.                     When hearing a case on the basis of the complaint the Court shall allow the complainant and representatives of relevant organs and business entities to take a part.

159.                     The judge shall issue an order to return the complaint if the complainant has failed to appear at the court sessions without considerable reasons. Non appearance of representatives of organs or business entities shall not impede the hearing.

159.                     The parties shall contest through presenting by the complainant its claim, legal grounds and proof of it, by representatives of organs and business entities their acceptance of or refusal to the complaint and legal grounds of their refusal.

159.                     The Court shall determine whether the decision and activities of the organs, business entities or their officials comply with law, whether the decision is made by appropriate authorized persons or whether the complaint have grounds.

Article 160. The Court decision

160.                     The Court having heard the complaint shall issue one of the following decisions:
     1. to annul decisions and actions of organizations, business entities and their officials in cases where provided by law, or to instruct to conduct or terminate certain actions, to reimburse to the complainant the damages caused by the decisions or actions.
     2. to dismiss the complaint.

CHAPTER FOURTEEN1

Participation of court in arbitration

Article 1601. Participation of Court in Arbitration

1601.1. Any party of the arbitration agreement or an arbiter shall deliver its application or request, specified in the Law on Arbitration but other than those specified in Article 1602 of this Law, to the court of jurisdiction stated in the Law on Arbitration.

1601.2. The application or request, specified in Article 1601.1 of this Law, shall specify the name and address of the parties of arbitration agreement, jurisdiction of arbitration, an arbiter who is/was carrying out the arbitration, claim requirements, as well as grounds and requirements for actions requested to be carried out by court decision.

1601.3. The court shall make a decision, specifying its grounds for fulfilling or declining to fulfill the request, within 14 days after its receipt.

Article 1602. Application for Invalidation of Arbitral Award

1602.1. A party of arbitration agreement may make an application to invalidate an arbitral award, on the grounds specified in Article 47 of Law on Arbitration, to the court of jurisdiction specified in the Law on Arbitration.

1602.2. An applicant specified in Article 1602.1 of this Law shall pay state stamp duty in accordance with the law.

1602.3. An application for invalidation of arbitral award shall be made in written form and signed by the applicant or his/her legal representative.

1602.4. The following shall be specified on the application:

1602.4.1. Title;

1602.4.2. Name of arbiter or arbitration tribunal that issued the award;

1602.4.3. Name, residential address (home address), phone number, fax number, e-mail address of participants of the arbitration;

1602.4.4. Date and place of arbitral award;

1602.4.5. Receipt date of arbitral award by the applicant;

1602.4.6. Grounds for invalidating arbitral award.

1602.5. The following documents shall be attached to the application specified in Article 1602.4 of this Law:

1602.5.1. Original or notarized copy of an arbitral award. If the award is in foreign language, an official Mongolian translation;

1602.5.2. Original or notarized copy of the arbitration agreement. If the agreement is in foreign language, an official Mongolian translation;

1602.5.3. Receipt of state stamp duty payment;

1602.5.4. Evidence for grounds for invalidating arbitral award;

1602.5.5. Document or power of advocate  evidencing the full power of a party who signed on the application for invalidation of arbitral award.

1602.6. An application made in violation with the procedure in this Article shall be returned and such violation shall be informed.

Article 16036 Procedure on Reviewing Application for Invalidation of Arbitral Award

1603.1. The court shall resolve an application for invalidation of arbitral award within 30 days after its receipt, in accordance with the procedure specified in this Law.

1603.2. The court may obtain the arbitration case by the request of the parties of arbitration agreement, in accordance with the procedure specified in this Law.

1603.3. Place, date and time of the court hearing shall be notified to participants of the arbitration dispute. The absence of a person who received the notice, at the court hearing, shall not constitute a ground for delaying the court hearing.

1603.4. The court shall determine whether there are grounds for invalidating arbitral award, specified in Article 47.2 of Law on Arbitration, by examining the claims of the application, as well as the evidences submitted to support the challenge.

Article 16046. Court Resolution on the Discussion of Application for Invalidation of Arbitral Award

1604.1. The court shall review the dispute on invalidation of arbitral award and issue a resolution on keeping or entirely or partially invalidating an arbitral award.

1604.2. The following shall be stated on the resolution specified in Article 1604.1 of this Law, in addition to those specified in the law:

1604.2.1. Information and place of issuance of a decision that is in dispute;

1604.2.2. Arbiter or arbitration tribunal that made the decision in dispute;

1604.2.3. Names of the parties of arbitration agreement;

1604.2.4. Content of the application for invalidation of the arbitral award;

1604.2.5. Grounds for court decision;

1604.2.6. Clause on keeping or entirely or partially invalidating the arbitral award.

1604.3. The resolution specified in this Article shall be the final decision.

Article 1605.Closed court proceedings

1605.1. If the court does not consider a request by a party of the arbitration, for closed court proceedings of the application or request specified in this chapter, to be contrary to the common interests of Mongolia, the court may decide to carry out the proceedings in an entirely or a partially closed manner.

(Chapter XIV1 was added by the Law of January 26, 2017)

PART III

PROCEDUREs FOR resolving a civil case at the Court of APPEAL instance

CHAPTER FIFTEEN

CASE PROCEEDINGS BY WAY OF APPEAL PROCEDURES

Article 161. Writing an appeal

161.1. A litigant, a third party, and their representative or lawyer has the right to appeal to the court decision, after the adjudication of a case at first instance.

161.2. An appeal shall be lodged through the court that made the decision.

161.3. A person, who did not lodge a complaint by appeal procedure, does not have the right to lodge a complaint by supervisory procedure.

161.                     161.4. A person specified in Article 161.1 of this Law, does not have the right to state new evidences that were not discussed by the trial court, on the grounds for appeal.

(Article 161 was amended by the law of 03 August, 2007)

Article 162. Type and content of appeal

162.                     An appeal shall be filed in writing.

162.                     An appeal shall state the following:
     1. the title of the Court to which the appeal is filed;
     2. the name, address or official position of the person filing the appeal;
     3. a reference to the decision and to the Court making the decision;
     4. Which article, clause and grounds of the decision is in disagreement;

(This part was amended by the law of 03 August, 2007)

1. request of the person writing the appeal.

162.                     An appeal shall be signed by the person filing it.

162.                     The person filing an appeal shall be subject to pre payment of the state stamp duty according to procedures provided by Articles 57.1 and 57.4 of this Law.

(This part was amended by the law of 03 August, 2007)

Article 163. Receipt of appeal

163.                     Appeal shall be received by the judge of the first instance which resolved the case or by the secretary of the court session and shall be presented to the litigants, their representatives or advocates and if necessary to the third parties.

163.                     The litigants, third parties and their representatives or advocates, shall have the right to give their explanations regarding the appeal.

(This part was amended by the law of 03 August, 2007)

163.                     The Court of the first instance shall attach the document proving the payment of the state stamp duty and explanations of the litigants and third parties to the appeal and shall send it together with the case to the Court of appeal instance within 3 days after receiving the appeal.

(This part was amended by the law of 24 April, 2014)

Article 164. Withdrawal from appeal

164.                     If the person who has filed an appeal, withdraws from it before the court session of appeal instance, the Court shall assume that he/she has not filed an appeal.

164.                     In the case described in paragraph 1 of this Article, the judge shall issue an order on returning the state stamp duty.

164.                     If relevant procedures provided by this Law were not observed in filing an appeal, the Court of appeal instance shall not receive the complaint and issue an order on this.

(This part was amended by the law of 03 August, 2007)

Article 165. Participating at the court session personally

165.                     If litigants, third parties and their representatives or advocates wish to take part in the appeal court session they shall be informed when and where the court session will take place.

(This part was amended by the law of 03 August, 2007)

165.                     Failure of persons described in paragraph 1 of this Article to arrive at the court session shall not impede resolving the case by way of appeal procedures.

Article 166. Resolving a case by way of appeal procedures

166.                     In resolving a case by way of appeal procedures, a 3 member team of judges shall resolve the case.

166.                     The Court shall resolve the case, with respect to which an appeal is filed, within 30 days after receiving the case.

166.                     The court session that is to resolve a case by way of appeal procedures shall be chaired by a judge appointed by the conference of judges.

166.                     The Court resolving a case by way of appeal procedures shall examine the case in whole not limiting itself only to the complaint.

166.                     At the court session, one of the judges shall report the case. After this the litigants, third parties and their representatives or advocates shall present explanations and ask questions to each other and with the examination of the materials of the case the session shall adjourn and the team of judges shall conference.

(This part was amended by the law of 03 August, 2007)

166.                     Testimonies regarding evidence may be read aloud to the court session or presented from records.

Article 167. Review order of Court

167.                     The Court which reviewed a case by way of appeal procedures shall resolve it in following ways and issue a review order:
     1. to dismiss the appeal if it is not possible to accept it or it does not have grounds and to leave the decision of the Court of the first instance unchanged;
     2. to amend or change the decision of the Court of the first instance;
     3. to annul some part of the decision of the Court of the first instance and leave the rest unchanged or change;
     4. to annul whole or some part of the decision of the Court of the first instance and dismiss the case or the claim;
     5. if considered that procedures for case proceedings provided by this Law were seriously violated, to annul the decision and return the case for re-trial to the Court of the first instance;

167.                     The ruling shall specify the content of decision by a court at first instance, as well as the grounds for appeal and ruling.

(This part was amended by the law of 03 August, 2007)

167.3. Ruling shall come into force as soon as it is introduced and heard.

167.4. The content of the ruling shall be written in full and signed by the court panel within 7 days after the ruling becomes effective. The litigant shall obtain the ruling as specified in Article 119.4 or the ruling shall be delivered to the litigant as specified in Article 119.5.

167.5. A litigant, a third party and their representative or lawyer may file a complaint to the ruling of appellate court on the grounds specified in Article 172.2 of this Law within 14 days after receiving or delivering the ruling in accordance with Article 167.4.

(Provisions 167.3-167.5 were amended by the law of 03 August, 2007)

Article 168. Annulling a decision of the Court of the first instance

168.                     The Court that reviewed and heard the case by way of appeal procedures shall annul the decision of the Court of the first instance on following grounds:
     1. the Court has applied a wrong law or applied a law with wrong interpretation and it is not possible to make changes into the Court decision;
     2. the case was resolved without ensuring the right of the litigants, their representatives or advocates to personally take part in the court session;
     3. lawfully granted rights of participants in the case or in the court session were seriously violated;
     4. the case was resolved by an unlawfully constituted team of judges;
     5. the Court decision was not signed by the team of judges or a judge or was signed by a judge who was not the member of the team of judges;
     6. it was discovered during the review of the case by way of appeal procedures that the case was resolved based on forged evidence;
     7. in the case described in paragraph 6, article 38 of this Law, the Court resolved the case with incomplete gathering of evidences.

168.2. If after filing of the complaint to appeal, the litigants agreed to friendly settlement or the plaintiff withdrew from his/her claim or the defendant consented to the plaintiff's demand, the Court that is resolving the case by way of appeal procedures shall annul the decision of the Court of the first instance and dismiss the case. In this case the state stamp duty shall not be paid back.

168.3. If decision of the Court of the first instance was annulled, the Court that is resolving the case by way of appeal procedures shall return the case to the Court of the first instance.

Article 169. Procedures to observe in resolving cases

169.                     Procedures of sessions at the Court of the first instance shall be observed in resolving a case at the appeal instance unless otherwise provided by law.

Article 170. Filing complaints with regard Court resolutions, judges orders or penalties

170.                     A litigant, a third party and their representative or lawyer may lodge a complaint on a resolution, an order and an ordinance specified in Article 20.1, 38.9, 65.1.1-65.1.8, 65.1.10, 69.1, 92.4, 97.1, 100.2, 80, 117 and 124 within 10 days after its issuance.

(This part was amended by the law of 03 August, 2007)

170.                     Complaints filed with regard Court resolutions, judges orders or penalties shall be resolved by the Court that has decided the case and the Court shall issue a resolution.

(This paragraph was annulled by the law of 03 August, 2007)

170.                     Litigants shall not file complaints with regard Court resolutions or judges orders provided in articles 20.2, 38.9, 65.1.1-65.1.3, 65.1.6-65.1.10, articles 74, 75, 76, 106.5, 129 and 130 of this Law.

(This paragraph was annulled by the law of 03 August, 2007)

170.                     Complaints filed with regard Court resolutions or judges orders shall be resolved by the Court with its 3 member team of judges but without participation of the judge that has decided the case.

(This paragraph was annulled by the law of 03 August, 2007)

Article 171. Resolving complaints with respect to resolution of judge, order or penalty of judge

171.1 Three-member panel shall adjudicate and issue a resolution on the complaint to a court resolution, a judge order and an ordinance as specified in Article 170.1 of this Law within 14 days without including the judge who adjudicated the case, as follows:

171.1.1. Leaving a resolution, an order or an ordinance without fulfilling the complaint;

171.1.2. Making an amendment to a resolution, an order or an ordinance;

171.1.3. Invalidating a resolution, an order or an ordinance.

(This part was amended by the law of 03 August, 2007)

Part IY

proceedings for resolving civil cases by way of review procedures

CHAPTER SIXTEEN

PROCEEDINGS FOR RESOLVING CASES BY WAY OF REVIEW PROCEDURES

Article 172. Filing a complaint by way of review procedures

172.                     A litigant, a third party and their representative or lawyer has the right to lodge a complaint in accordance with the ruling specified in Article 167 of this Law.

.

172.                     Complaint for review shall be filed based on following grounds:
     1. Court didn't use relevant law, used the law not applicable, has applied the law incorrectly or applied incorrect interpretation of relevant law, wrongly used the law governing similar relations;
     2. Court violated the legally established procedures for resolving case.

(This part was amended by the law of 03 August, 2007)

172.                     In case of reconciliation of litigants, plaintiff's withdrawal of his/her claim, defendant's acceptance of requirements of claim after filing a complaint to the court of supervisory instance, decision of the court of first instance and the ruling of the appeal court shall be invalidated and the case shall be dismissed. In this case, state stamp duty fee shall not be refunded.

(This part was added by the law of 24 April, 2014)

Article 173. Receipt of complaint for review

173.                     Complaint for review shall be received by the Court which resolved the case by way of the first instance procedures and the Court must take actions specified in 163.1 of this Law. The litigant, third party and their representatives or advocates are entitled to submit their explanations on the complaint.

(This part was amended by the law of 03 August, 2007)

173.                     The Court that has received the complaint shall attach the document proving the payment of the state stamp duty and the complaint to the case and shall send it to the Supreme Court of Mongolia within 3 days in the capital city and within 14 days in the rural areas.

173.                     The person filing a complaint for review shall be subject to pre payment of the state stamp duty according to procedures provided by Articles 57.1 and 57.4 of this Law.

(This part was amended by the law of 03 August, 2007)

Article 174. Time for resolving a case

174.                     A case shall be resolved at the court session of review instance within 30 days after the date of receipt.

Article 175. Notifying participants of the case

175.                     If litigants, their representatives or advocates wish to take part in the review court session they shall be informed when and where the court session will take place.

175.                     Failure of litigants, their representatives or advocates to arrive at the court session shall not impede resolution of the case.

175.                     Litigants, their representatives or advocates and third parties shall have the right to present their explanations regarding the complaint.

(This article was annulled by the law of 03 August, 2007)

Article 176. Court Hearing of Supervisory Instance

176.1. Five-member panel of the judges of State Supreme Court shall resolve a case by supervisory procedure.

176.2. The court shall adjudicate and issue a resolution on the case by supervisory procedure, as follows:

176.2.1. Leaving a decision or a ruling without fulfilling the complaint;

176.2.2. Making an amendment to a decision or a ruling;

176.2.3. Invalidating entire or some parts of a ruling and leaving or changing a decision;

176.2.4. Invalidating a decision or a ruling and dismissing a case or a claim;

176.2.5. Invalidating a decision or a ruling, and returning a case to courts of the first or appellate instance for re-hearing.

176.3. The chairman of the court hearing and a judge who made a presentation shall sign on the resolution. The resolution shall specify the content of sentencing/convicting part of decisions and rulings of the court of first and appellate instance, grounds for complaint by supervisory procedure, as well as the grounds for resolution, respectively.

(Article 176 was amended by the law of 03 August, 2007)

Article 1761. General Meeting of the Judges of State Supreme Court 

1761.1. A litigant, a third party, and their representative or lawyer may file a complaint to the Chief Justice of State Supreme Court on the grounds for violation of law, within 30 days after the receipt of the resolution specified in Article 176.2 of this Law.

1761.2. If the Chief Justice of State Supreme Court considers that the complaint has grounds, he/she shall issue a conclusion within the term specified in Article 174.1 of this Law and have the case reviewed by the General Meeting of the Judges of State Supreme Court. The conclusion of Chief Justice shall specify the decision on the case and grounds for complaint and allegations of violation of law.

1761.3. If the Chief Justice of State Supreme Court considers the complaint as groundless, a complainant shall be provided with a written response as specified in laws and legislations within the term specified in Article 174.1 of this Law.

1761.4. State Supreme Court hearing shall be constituted by all judges of State Supreme Court. This hearing shall issue a resolution as specified in Article 178.1 of this Law.

1761.5. The court that adjudicated the case by first instance procedure shall receive the complaint against the resolution by the hearing of the chamber and shall deliver it along with the case to the State Supreme Court, in accordance with the procedure in Article 163.1 and 173.1 of this Law. Procedure in Article 57.1, 57.4 of this Law does not apply to a complainant specified in Article 1761.1 of this Law.

(This article 176 was removed by the law of 05 February 2016)

Article 1762. Submit a Complaint to the Resolution of the Court of review procedures 

1762 .1. A litigant, a third party, and their representative or advocate may file a complaint to the Chief Justice of State Supreme Court on the grounds for violation of law, within 30 days after the receipt of the resolution specified in Article 176.2 of this Law.           

1762 .2. The court that adjudicated the case by first instance procedure shall receive the complaint against the resolution by the hearing of the chamber and shall deliver it along with the case to the State Supreme Court, in accordance with the procedure in Article 163.1 and 173.1 of this Law. Procedure specified in Articles 57.1, 57.4 of this Law does not apply to the complaint specified in Article 1762.1 of this Law.

1762 .3. If the Chief Justice of State Supreme Court considers that the complaint has grounds, the complaint shall be discussed within the term specified in Article 174.1 of this Law and have the case reviewed by the General Meeting of the Civil Case Judges of State Supreme Court. The conclusion of Chief Justice shall specify the decision on the case and grounds for complaint and allegations of violation of law.

1762 .4. If the Chief Justice of State Supreme Court considers the complaint has no ground to be discussed in General Meeting of Civil Case Judges of the State Supreme Court, a complainant shall be provided with a written response within 30 days.

(This article was added by the law of 15 November, 2018)

Article 177. Resolving a case

177.                     In case when the Supreme Court of Mongolia in its session resolves a case as provided paragraph 5, Article 176 of this Law, the decision is made by majority vote of the judges.

177.                     If there is a tie among the vote of the team of judges described in paragraph 1 of this Article, the conclusion shall be deemed to be rejected.

(This article was removed by the law of 05 February 2016)

Article 1771. General Meeting of the Civil Case Judges of the State Supreme Court 

1771.1. Two judges attended in court resolution of review process made special opinion, or the Chief Justice of State Supreme Court made a conclusion, the case shall be discussed in the General Meeting of Civil Case Judges of the State Supreme Court within 30 days.

1771.2. in the case specified in 1771.1 of this law, the Chief Justice of State Supreme Court shall convene the General Meeting of Civil Case Judges of the State Supreme Court and set the meeting date.

 1771.3. the meeting specified in  1771.1 of this law shall be presided by the Chief Justice of State Supreme Court.

1771.4. Quorum of the General Meeting of Civil Case Judges of the State Supreme Court shall be valid if the Chief Justice of State Supreme Court and not less than three fourth of judges of civil case chamber attended.

(This article was added by the law of 15 November, 2018)

Article 178. Resolution of the Court resolving a case by way of review procedures

178.                     The Court which has resolved a case by way of review procedures shall resolve the case in following way and issue a resolution:
     1. to leave the decision, or review order, or resolution unchanged and dismiss the complaint;
     2. to amend or correct the decision, or review order, or resolution;
     3. to make void the decision, or review order, or resolution in whole or in part and to leave the decision intact or to change it;
     4. to annul the decision, or review order, or resolution and to dismiss the case or the claim;
     5. to annul the decision and return the case to the Court of the first or appeal instances for re-hearing;

178.                     Upon issuance, the resolution of the Court that resolved the case by way of review procedures shall acquire legal effect.

178.                     Resolution of the Supreme Court of Mongolia issued by way of review procedures shall be the final decision.

(This article was removed by the law of 05 February 2016)

Article 1781  Resolution of General Meeting of Civil Case Judges of the State Supreme Court

1781.1. Resolution of General Meeting of Civil Case Judges of the State Supreme Court shall be made by majority vote of the judges in accordance with 17623 of this law.

1781.2. If vote of judges team described in 1781.1 of this law is equal, the conclusion shall

be deemed to be rejected.

1781.3. The General Meeting of Civil Case Judges of the State Supreme Court shall resolve the case in following way and issue a resolution:

1781.3.1         to leave the decision, or review order, or resolution unchanged and dismiss the conclusion specified in 17623;

1781.3.2.        to amend or correct the decision, or review order, or resolution;

1781.3.3.        to make void the review order, or resolution in whole or in part and to leave the decision unchanged or to change it;

1781.3.4.        to make void the resolution in whole or in part and to leave the decision or review order unchanged or to change them;

1781.3.5.        to annul the decision, or review order, or resolution and to dismiss the case or the claim;

1781.3.6.        to annul the decision, review order, or resolution and return the case to the Court of the first or appeal instances for re-hearing and court of review process;

1781.4. Upon announcement, the resolution specified in 1781.3 of this law shall acquire legal effect.

1781.5. Resolution of General Meeting of Civil Case Judges of the State Supreme Court issued by way of review procedures shall be the final decision. 

(This article was added by the law of 15 November, 2018)

PART V

Procedures for reviewing the Court decision due to newly discovered circumstances

CHAPTER SEVENTEEN

RECONSIDERATION OF THE COURT DECISION DUE TO NEWLY DISCOVERED CIRCUMSTANCES

Article 179. Grounds for reviewing the Court decision due to newly discovered circumstances

179.                     Court decisions (decisions of Courts of the first instance, review order or resolution of Courts that resolved the case by way of appeal and review procedures) which have acquired legal effect, may be reconsidered on the basis of following grounds due to newly discovered circumstances:
     1. if new evidence that was not known to or could not have been known to the applicant at the time of the decision, is discovered;
     2. if it established by a legally in effect resolution that an evidence which served as a basis for decision of a Court was forged or action/inaction of a judge, a secretary of the court session, a witness, an expert, an interpreter or a participant in the case committed during the case proceedings was a criminal offence;
     3. if the Court resolution or decision or decision of the state, administrative and other organizations which served as a basis for the Court decision was void because it was illegal.

Article 180. Filing request to reconsider a case

180.                     An application for the reconsideration of a decision of a Court due to newly discovered circumstances shall be filed to the Court that made the decision by the litigants, third parties or by their representatives, advocates within 30 days from the date of learning on grounds for such reconsideration.

180.                     The request shall be filed in writing and documents on the newly discovered circumstances shall be attached.

Article 181. Making decision on request

181.                     A request to reconsider a Court decision due to newly discovered circumstances shall be resolved by the Court of relevant instance according to procedures described by this Law.

181.                     In reconsidering the Court decision due to newly discovered circumstances, the judge or the team of judges who made the court decision of first instance shall not take part again.

(This part was amended by the law of 03 August, 2007)

181.                     If the person who submitted the request wishes to take part in the court session he/she shall be informed and his/her failure to arrive shall not impede resolving the request.

181.                     The court session shall evaluate and make conclusion on new evidence proving the newly discovered circumstance, and based on this shall decide issues of establishing the newly discovered circumstance, how the newly discovered circumstance influenced the decision making and whether there is a legal ground to reconsider the case due to the newly discovered circumstance.

181.                     Having considered the request at the court session, the Court shall issue a resolution  on satisfying or refusing to satisfy it.

181.                     Provided that the Court establishes newly discovered circumstance the case shall be reviewed and resolved by way of normal procedures.

Article 182. Annulment of implemented decision

182.                     If a Court is declaring void an implemented decision due to newly discovered circumstances it shall be obligated to transfer the issue of annulment of the implemented decision to the Court that made the decision on the case.

Part Vi

PROCEEDINGS IN EXECUTION OF DECISION

CHAPTER EIGHTEEN.

IMPLEMENTATION OF THE COURT DECISION

Article 183. Basis for implementation of the Court decision

183.                     The basis for implementation of the Court decision shall be a Court decision, order (certified by the Court, and by the council's decision of crime victims' compensation fund) of a commander (director) of a military unit or organization on imposing property liability, the decision of the arbiter, notice of the notary public, the administrative penalty, judge's order of confirmation of reconciliation agreement and payment act issued by state inspector and a warrant of execution issued on the basis of these.

(This section was amended by law of June 13, 2002)

            (This part was added by the law of 02 December, 2010)

            (This part was added by the law of 10 June, 2010)

(This paragraph was amended by the law of 24 April, 2014)

(This paragraph was amended by the law of 18 May, 2017)

Article 184. Court confirmation for implementation of decisions of arbiter, notice of notary public, order of a commander (director) of a military unit or organization on imposing property liability, and the council's decision of crime victims' compensation fund and administrative penalties and payment act issued by state inspector

(Title of this article was amended by law of June 13, 2002)

(This part was added by the law of 02 December, 2010)

(This part was added by the law of 10 June, 2010)

184.                     In cases when legal disputes were resolved by the arbiter as prescribed by paragraph 2, Article 13 of this Law or when the parties agreed to perform without disputes and stated it in the contract certified by a notary public or when administrative penalties are to be implemented by a Court decision, the decision of the arbiter, notice of the notary public, order of a commander (director) of a military unit or organization on imposing property liability, the council's decision of crime victims' compensation fund and the administrative penalty, payment act issued by state inspector shall be confirmed by the Court.

(This section was amended by law of June 13, 2002)

(This part was added by the law of 02 December, 2010)

(This part was added by the law of 10 June, 2010)

(This paragraph was amended by the law of 18 May, 2017)

184.                     The party interested in implementation of the decisions shall submit its request to confirm the council's decision of crime victims' compensation fund, the decision of the arbiter, notice of the notary public, order of a commander (director) of a military unit or organization on imposing property liability, the administrative penalty to a Court of area under jurisdiction of which the payment creditor resides/is located.

(This section was amended by law of June 13, 2002)

(This part was added by the law of 02 December, 2010)

(This paragraph was amended by the law of 18 May, 2017)

184.                     The Court shall review the council's decision of crime victims' compensation fund, the decision of the arbiter, notice of the notary public, order of a commander (director) of a military unit or organization on imposing property liability, and the administrative penalty, payment act issued by state inspector only from the point of feasibility to implement them and confirm by an order of a judge within 7 days after accepting these. Immediately after issuing such an order the judge shall write a warrant of execution and shall send it to the payment creditors, payment debtors and the Decision Implementation Organizations.

(This section was amended by law of June 13, 2002)

            (This part was added by the law of 02 December, 2010)

            (This part was added by the law of 10 June, 2010)

(This paragraph was amended by the law of 18 May, 2017)

Article 185. Implementation of the Court decision

185.                     In following cases a judge shall issue an order for the Court decisions, review orders, and resolutions to be implemented by compellation.
     1. The payment creditor has applied for compelled implementation of the Court decision;
     2. The judge assumed necessary the decision to be implemented immediately.

185.                     Assistant of the judge shall send the order, attached with the Court decision, document certifying payment of the decision implementation fees and other required documents within 1 week after the order specified in paragraph 1 of this Article has been issued.

Article 186. Direct handing of the Court decision or the warrant of execution over to the Court Decision Implementation Organization

186.                     In following cases the Court decision or the warrant of execution may be directly handed over to the Decision Implementation Services.
     1. if the payment is to be credited to the state budget;
     2. by the request of the payment creditor if any one of the payment creditor and payment debtor resides in another country, aimag, soum, or district;
     3. in case of recovery of compensation for harm caused by the death or to health;
     4. the payment creditor has requested the implementation of the Court decision to be compelled.

186.                     In case of direct handing over as provided in paragraph 1, of this Article financial institution or the payment creditor shall be notified.

186.                     A Court decision, notice on taking into custody or confiscating a property, documents and certifications on closure of withdrawing transactions from individual deposit accounts of citizens or current account of legal entities shall be attached to the Court decision and the warrant of execution.

Article 187. Content of the warrant of execution

187.                     In the warrant of execution, the following must be stated:
     1. the title of the Court issuing the warrant of execution;
     2. date the decision is made and file number of the decision;
     3. which case the warrant of execution being issued is based on;
     4. name of issuing judge and date of issue;
     5. the family names, parents' names and names of the payment creditor and payment debtor and their work and residential addresses, phone numbers, (title of a legal entity, address of the location where the entity runs its operation);
     6. if necessary, photo of the payment debtor, registration number of the citizenship certificate and registry number, state registration number of a legal entity;

187.                     The warrant of execution shall be a printed list with the state symbol on it.

187.                     The judge shall sign and stamp the warrant of execution.

(This article was annulled by the law of 09 June, 2017)

Article 188. Re-issuing a warrant of execution and responsibility for loss of the warrant

188.                     In the event of the loss of a warrant of execution, the warrant shall be assumed void by the order of a judge who made the decision and a warrant of execution may be re-issued.

(This part was amended by the law of 24 April, 2014)

188.                     The judge who made decision on the case shall decide on re-issuing a warrant of execution based on the request of the Court Decision Implementation Services or the payment creditor.

(This part was amended by the law of 24 April, 2014)

188.                     In re-issuing a warrant of execution, the decision previously made by a Court shall serve as a basis for the re-issuance.

188.                     Persons who have lost warrant of execution shall be imposed penalties prescribed by law.

part vii

Civil case proceedings and the international lEGISLATION

CHAPTER NINETEEN

PROCEEDINGS IN THE CASE RELATED WITH INTERNATIONAL CIVIL LAW

Article 189. Jurisdiction of case proceedings to resolve cases related to international civil law

189.                     In resolving cases related to foreign citizens, legal entities and stateless persons by a Court of Mongolia, they shall have the same rights with Mongolian citizens and legal entities, unless otherwise provided by law.

189.                     In following cases a Court of Mongolia shall take a case with respect to international civil law under its jurisdiction and conduct proceedings to resolve it:
     1. Defendant of a claim permanently resides in Mongolia or runs a business;
     2. A claim was filed by several persons and one of them permanently resides in Mongolia;
     3. A claim is filed because of failure to fulfill or improper fulfillment of contractual obligations and these obligations were to be fulfilled in Mongolia;
     4. Damages were incurred to a person on the territory of Mongolia because damages were incurred to others;
     5. Dispute has been arisen with respect to activities of a legal entity's subsidiary or representative office located on the territory of Mongolia;
     6. A citizen of Mongolia or a foreign citizen or a stateless person permanently residing in Mongolia files a claim related to identifying a father and payment of alimony;
     7. Subject matter of a claim is with respect to the right to inherit, division of property by an ascendant, deed and fulfillment of obligations and the ascendant before his/her death lived or resided in Mongolia or the property being inherited is located on the territory of Mongolia.

Article 190. Special jurisdiction of the Court to resolve cases related to international civil law

190.                     In following cases a Court of Mongolia shall take a case with respect to international civil law under its special jurisdiction and conduct proceedings to resolve it:
     1. Dispute with respect to ownership, possession and usage of a immovable property located on the territory of Mongolia;
     2. Dispute with respect to re-organization, liquidation of a legal entity situated on the territory of Mongolia or decisions made by the legal entity or its subsidiary or representative office;
     3. Dispute on whether a registration by a Court or other authorized organizations of Mongolia is valid or not;
     4. Dispute with respect to registration or accepting to register by an authorized organization of Mongolia patents, trade marks or other rights related with intellectual property;
     5. Measures for implementing a Court decision have been taken on the territory of Mongolia or relevant persons submitted application for such measures.

Article 191. Assuming a citizen missing without trace or declaring him/her deceased

191.                     With respect to a civil case or a dispute related to the Court of Mongolia and international civil law and in following cases a citizen shall be assumed to be missing without trace or declared deceased:
     1. The person to be assumed missing without trace or declared deceased was a Mongolian subject-citizen;
     2. The person to be assumed missing without trace or declared deceased was residing in Mongolia at the last moment.

Article 192. Jurisdiction of cases with respect to marriage relationships

192.                     In following cases a Court of Mongolia shall take a case with respect to civil marital relationship under its jurisdiction and conduct proceedings to resolve it:
     1. One of the spouses is or was at the time of the wedding a citizen of Mongolia;
     2. Defending party of the spouses is a foreign citizen or a stateless person, however permanently resides in Mongolia;
     3. In cases when disputes arisen with respect to determining relationship between parents and children or recognizing the rights to be a parent or depriving the rights to be a parent, any one of the defendant and plaintiff is a Mongolian subject or a person permanently residing in Mongolia;
     4. In giving for adoption or adopting a child, the person adopting or the child being adopted is Mongolian subject or a person permanently residing in Mongolia.

192.                     Disputes with respect to civil marital relationship provided in paragraph 1 of this Article shall cover issues such as annulment of a marriage, assuming it void, determination of whether a marriage relationship was entered or not, restoring a marriage, identification of parents, recognizing the rights to be a parent or assuming them void and adoption of a child.

Article 193. Immunity from the Court of Mongolia

193.                     Citizens who enjoy the rights of accredited diplomatic or consular representatives of foreign states in this country, and members of their families shall be immune from Court proceedings of Mongolia except in cases where they voluntarily consented.

193.                     Foreign delegates visiting Mongolia by invitation of authorized organizations of Mongolia and other persons accompanying them shall be outside of Mongolian Courts jurisdiction.

Article 194. Enforcement of the Court decision

194.                     Procedures for the enforcement of Mongolian and foreign Courts decisions are determined by the legislation of Mongolia, the international treaties Mongolia has concluded with a foreign country or to which is a party.

CHAPTER TWENTY

MISCELLANEOUS

Article 195. Coming into effect of this Law

195.                     This Law shall be observed starting from September 1 of 2002.

195.                     This Law shall not be retroactively applied to cases that are under case proceedings on the day this Law comes into effect.

S.TUMUR-OCHIR

SPEAKER OF THE PARLIAMENT OF MONGOLIA

lAW OF MONGOLIA

January 10, 2002                                                                                         Ulaanbaatar

LAW ON CIVIL PROCEDURE

Part I

GENERAL PRINCIPLES FOR RESOLVING CIVIL CASES IN COURTS

Chapter One.

Basic Principles

Article 1. The purpose of the law

1. The purpose of this Law is to regulate matters related to resolving, through Court initiated civil cases, civil legal disputes originated among participants of civil legal relations.

Article 2. Legislation to civil procedure

2. Legislation to resolve civil cases in Court shall consist of the Constitution of Mongolia (The Constitution of Mongolia published in Issue 1 of 1992 of the State Information Compilation), this Law and other legislative acts adopted in conformity with them.

2. If the international treaties to which Mongolia is a party provide differently than this Law, the provisions of international treaties shall prevail.

Article 3. The right to apply to the Court

3. 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.

3. Other out of Court procedures, regarding protection of the rights provided by paragraph 1 of this Article, may be adopted by legislation.

3. Legal disputes, jurisdiction of which is not determined by legislation, shall be resolved by a Court according to procedures provided by this Law.

Article 4. Equality before the Court

4. Procedure for resolving civil cases in Court (hereinafter the "case proceedings") shall be administered on the principle of equality before the Court, without discriminating a human being by his/her ethnic and family origin, language, color, age, sex, social origin and status, wealth, profession and occupation, religion, opinion, education and other statuses, a legal person by its type of property and scope of power.

Article 5. Administration of authority to resolve cases by the Court, independence of the judges

5. Authority to resolve cases is administered by a Court established under law.

5. The judges are independent and subject only to law and the guarantee on independence of judges is established by law.

5. Interference with and influence to the judge's duty for administration of justice by the President, the Prime Minister, Members of the Great Hural and the Cabinet, officials from the Government, parties and other public organizations and by any one shall be prohibited.

5. Claim, request and complaint submitted in accordance with 3.1 of this Law shall be pre-allotted to judges pursuant to the procedure adopted by the Council of Judges of a particular Court. Based on the resolution of the Council of Judges, Chief judge or chamber head shall appoint the resolving judge/ team of judges and the head of court hearing through the Order.   

(This part was revised by the law of 03 August 2007)

(Second sentence of this part was added by the law of 24 April, 2014)

5. Litigants shall have the right to demand a case to be resolved according to allotment provided by paragraph 4 of this Article.

5. An affidavit of an attempted influence shall be filed if any person has attempted to influence a judge or a team of judges in court proceedings of a case or a dispute.

(This part was added by the law of 24 April, 2014)

Article 6. The principle of adversary hearing

6. Case proceedings shall be administered on the principle of adversary hearing.

6. The principle of adversary hearing shall be maintained at all stages of case proceedings.

6. Litigant, his/her representative and advocate shall contest by proving or denying the actual fact of the case or the guilt.

6. Litigants shall attend the court session in person and have equal rights to participate in making statement, submitting written explanation, presenting and examining evidences.

6. Litigants shall be obligated to submit realistic explanation and present important and well-grounded evidences for resolving the case.

6. Explanations in regards to demands of the claim shall only be issued by litigants. This article shall not apply to cases to be resolved in accordance with article 133 of this Law.

(This part was amended by the law of 24 April, 2014)

Article 7. Language and script of case proceedings

7. Case proceedings are conducted in Mongolian language and documented by the script used for conducting official affairs of the state. If the Court deems necessary, video and audio recording of the case proceedings may be made.

7. Persons who do not possess the state official language and script shall have the right to submit explanations, make statements, and present evidence in his/her mother-tongue or possessed language/script, or to use signs, gesticulations and special characters if persons are unable to communicate through the state official language and script due to blindness, muteness, and deafness.

7. Court shall be obligated to present, through interpreter, explanation, evidence and statement submitted by persons described by paragraph 2 of this Article to participants of the case proceedings and present the case proceedings to such persons.

7. Evidence written down in a foreign language shall be translated by officially licensed translator into Mongolian language and certified by notary public.

(This part was removed by the law of 10 February, 2011)

Article 8. Open session of Court

8. Court sessions of all instances shall be held openly.

8. Court sessions can be held fully or partially closed when an evidence is related to secrecy of the state, organization and personal life and upon the request of participants in the court session.

8. No persons under the age of 18 years, or legally incapable individuals, or under influence of alcohol or narcotics may be present in the Court room unless they are participants in the court session.

8. Judge and participants in the session shall be prohibited to disclose secrecy of the state, organization and personal life that was made known during closed session or was trustfully stated to the judge in relation to his/her official duty.

Article 9. Court session to be conducted without interruption

9. Court sessions of all instances shall be conducted during day hours, except the hours that is necessary for rest.

9. Team of judges or a judge shall not have the right to hear any other cases until it completes the case that has been already begun, or adjourns or suspends it.

Article 10. Application of legislation and international norms

10. In resolving a case Court shall apply the Constitution and other laws adopted in accordance to the Constitution, officially published and effective.

10. If Court considers that a legislation to be applied in resolving a case does not conform to the Constitution, it shall suspend the case proceedings and submit an opinion regarding this to the State Supreme Court.

10. If the State Supreme Court, after discussing the opinion provided by paragraph 2 of this Article, considers that it has grounds, shall issue a resolution on submitting the request to the Constitutional Court. In case of considering [the opinion] groundless [it] shall be returned to the Court that has submitted the opinion for resolution through normal proceedings.

10. In the absence of legislation that could regulate the matter in question, Court shall apply legislation that regulates similar matter. In the absence of such legislation, the Court shall resolve [the issue] in conformity with the content and general principles of the Constitution.

10. In resolving a case related to international civil law Court may apply international, commonly accepted norms provided that they do not conflict with the Constitution of Mongolia.

10. Court shall not refuse to resolve a case on the grounds that there is no legal norms to regulate disputed matter in question or absence of such norms is not clear.

10. Court shall not refuse to apply a norm of legislation on the grounds that Laws are in contradiction, unfair or contrary to commonly accepted ethics.

Article 11. Binding force of Court decision

11. A person who should execute effective Court decision shall have the duty to mandatory execute the decision.

11. If Court decision has not been executed voluntarily it shall be executed compulsorily according to grounds and procedures specified in law.

CHAPTER TWO.

GROUNDS FOR INITIATING CIVIL CASE, JURISDICTION OF CASE

Article 12. Grounds for initiating the civil case

12. Court may initiate a civil case (hereinafter "case") based on following grounds:

1. claim brought by a legal entity regarding violation of their rights in connection with material and non material wealth;
2. claim brought by a person authorized by law to apply to Court in defense of the rights, freedom and interests of other persons;
3. request submitted for execution through special procedures and by an interested person regarding issues specified by law;
4. complaint lodged against the activity of and administrative act of administrative organization, official other than that set out in Article 5 of the General Administrative Law;

(This sub-paragraph was amended by the law of 04 February, 2016)

1. other grounds provided by law.

Article 13. Jurisdiction of the case

13. Court shall resolve claims, requests or complaints (hereinafter "claim") filed on the grounds specified by Article 12 of this Law through its jurisdiction.

13. Disputes between citizens, legal entities shall be resolved by an arbiter if it is provided by law, international treaty to which Mongolia is a party or the litigants have agreed so though arbitration agreement.

13. If the parties have not provided in their agreement to resolve disputes by an arbiter, or have not entered independent agreement on the issue or if the inter-governmental agreements do not provide to resolve disputes by an arbiter, the claim shall be resolved by Court.

13. A claim on illegal administrative acts by administrative organizations and officials specified in Article 4.1 of Administrative Procedural Law shall be resolved by the administrative court

(This provision was annulled by the law of 04 February, 2016)

13. If contract provides the reconciliation process in case of any potential disputes, it shall be deemed that the pre-judicial dispute resolution process is in place.

(This part was added by the law of 24 April, 2014)

Article 14. Bringing a claim through jurisdiction of territory where the defendant resides (exists)

14. If not otherwise provided by law, a claim shall be filed to the Court for the area where the defendant resides.

14. If the defendant is a legal entity, the claim shall be filed to the Court of that area where the entity runs its operation, or where headquarters of the legal entity exists.

14. If the defendant's residence is unknown, the claim may be filed to the Court of the area where the claimed property is situated.

14. A plaintiff may apply to Court for search of defendant if the defendant's place of residence is unknown.

14. Police shall execute operations for search of the defendant and identification of his/her place of residence upon a Court decision, Judge's order.

(This paragraph was amended by the law of 03 August, 2007)

Article 15. Jurisdiction at the plaintiff's option

15. Claim for compensation of damages that caused death or injury to others may be filed to the Courts for areas where either the plaintiff or the defendant resides.

15. If the place of performance is indicated in the contract, related claim may be filed to the Court for the area where the performance was supposed to take place.

15. A claim against several defendants residing (existing) in different places shall be filed, at the plaintiff's option, to the Court for the area where any one of the defendants is residing (existing).

15. Claim that sought to establish facts of an event having legal importance shall be filed to the Court for the area where the applying citizen or legal entity resides or where the event took a place.

Article 16. Exclusive jurisdiction of Court

16. Claim concerning the rights to immovable property or release of a property from arrest shall be filed to the Court for the area where the property is located.

16. Claim concerning Mongolian citizen or legal entity located abroad may be filed to the Court for the area where the plaintiff resides (exists) or where the defendant's property is located.

16. Claim to be filed by an acting holder of property before the property has been accepted by a successor, shall be filed to the Court for the area where the whole property or the main part of it is situated.

(This paragraph was amended by the law of 03 August, 2007)

16. Claim related with a support shall be filed to the Court for the area where the plaintiff resides.

Article 17. Jurisdiction of several interconnected cases

17. Claim regarding damages caused as a result of a crime shall be resolved together with the criminal case.

17. If not resolved together with the criminal case, the claim shall be brought according to procedures and jurisdiction specified by law.

17. Disputes related to payment of damages caused by criminal case shall not be resolved through civil proceeding until it is decided by criminal proceeding.

Article 18. Change of jurisdiction

18. Litigants may, by agreement among themselves, change the territorial jurisdiction for the case in question.

18. Exclusive jurisdiction specified in Article 16 of this Law may not be changed by agreement of the litigants.

Article 19. Jurisdiction of Courts for resolving cases

19. The chairman of the court hearing shall close the hearing upon presenting the content of sentencing/convicting part of the decision and explaining other required issues.

(This part was amended by the law of 03 August, 2007)

19. Aimag and the Capital city Courts shall resolve civil cases by way of appeal instance procedures.

19. The Supreme Court of Mongolia shall resolve the civil cases by way of review procedures on the grounds specified in Clause 172.2 of this Law.

(This paragraph was amended by the law of 03 August, 2007)

19. If provided by Law on Court of Mongolia the court of aimag, capital city and the Supreme court shall resolve the case, dispute specifically assigned to them by law as the first instance or appeal procedure. 

(This paragraph was amended by the laws of 03 August, 2007 and 24 April 2014)

Article 20. Transfer of a case

20. If a claim has been accepted by a Court according to [rules of] jurisdiction, it must be resolved by that Court, although, after having received explanations of the litigants it may be transferred to another Court during or before the court session by the Court resolution or judge's order because of following reasons:

1. if it is considered that in order to resolve the case fully, objectively and expeditiously it is necessary for the case to be resolved by the Court for the area where most of the evidence is situated;
2. if it is discovered that the rules of jurisdiction have been violated while accepting a claim;
3. if all judges of the Court have been challenged in accordance with Article 93.2 of this Law.

(This paragraph was amended by the law of 03 August, 2007)

20. If a case is under an arbiter's jurisdiction as provided by paragraph 2, Article 13 of this Law, the claim shall be returned to the plaintiff by resolution of a Court or by order of a judge.

(This paragraph was annulled by the law of 03 August, 2007)

20. Court that has received a transferred case shall be obligated to resolve it. Dispute among Courts, regarding jurisdiction of a case transferred in conformity with paragraph 1 of this Article, is not permitted.

20. It shall be resolved in accordance with Law on Court of Mongolia if the case transfer has no legal ground upon the receiving judge's order or court resolution.

(This paragraph was amended by the laws of 03 August, 2007 and 24 April 2014)

Article 21. Procedure for transferring a case

21. The transfer of a case shall be effected after the expiration of the term for protesting against Court resolution (judge order) to transfer the case from one Court to another. In the event of filing a protest the transfer of case shall be effected after the promulgation of a decision of that particular Court regarding the protest.

CHAPTER THREE.

PARTIES TO a CASE

Article 22. Composition of parties to a case

22. Litigants, third parties, their representatives or advocate s, and persons taking part in case proceedings as provided in sub-paragraphs 2, 3, 4 of paragraph 1, Article 12 of this Law shall be deemed to be the Parties to a case.

Article 23. Legal capacity of the Parties to a case

23. All parties of a case shall equally enjoy the capacity to have the rights and to be subject to the duties (legal capacity) of the Parties to a case.

Article 24. Legal ability of the Parties to a case

24. The capacity to exercise one's rights in Court personally or through a representative belongs to a person with full legal ability.

24. Persons aged between 14-18 years (adolescents) with limited legal ability shall be entitled to protect their rights, freedom and legally protected interests in Court.

24. Court shall have the duty to involve the parents or guardians of the persons specified in paragraph 2 of this Article. In resolving cases related to adolescent persons and based on the grounds provided by paragraph 3, Article 16 of the Civil Law (The Civil Code of Mongolia published in Issue 5 of 2002 of the State Information Compilation), the Court shall decide whether to involve their parents or guardians.

24. The rights, freedom and legally protected interests of persons with limited legal ability and aged between 7-14 years, or persons under 7, as well as of persons deemed legally unable as a result of mental illness shall be protected in Court by their parents or guardians.

Article 25. Rights and duties of a party to a case

25. A party to a case shall have following rights in the case proceedings:

1. To familiarize him/herself with the demand, explanation, and refusal of the other parties and documents evidencing it, to give explanations regarding these;
2. To familiarize him/herself with materials of the case after an order has been issued to hear the case at court session and to make notes from them, and to take part in the court session;
3. To have statements made by witnesses, to make an expert to be appointed and to implement actions prescribed by Article 48 of this Law, to make an evidence tested and withdrawn from the evidences list if there is a concern that the evidence was illegally compiled or gathered, to request for postponement of the court session based on grounds provided law;
4. To challenge judge panel, a judge, an expert or translator, an interpreter, civil representative and court secretary based on the grounds provided by Article 91 of this Law;

(This paragraph was amended by the law of 03 August, 2007)

1. To put questions to other parties to the case;
2. To appeal the Court decision, or to submit complaint through review procedure;

(This paragraph was amended by the law of 03 August, 2007)

1. To make a request for dispute resolution through reconciliation process with relation to whole, one or some parts of the claim requirements.

(This part was added by the law of 24 April, 2014)

1. other rights provided by law;

25. A party to a case shall have following duties during the case proceedings:
    1. To give true and correct explanation before the Court;
    2. To prove demands of the claim submitted to the Court or grounds for denial of or objection to such claim, to prove, gather and present evidences related to them;
    3. To arrive as summoned by Court;
    4. To implement lawful requirements imposed by Court;
    5. To observe rules of case proceedings or order of court session;
    6. To receive, implement the Court decision.

(Word 'receive' was added by the law of 24 April, 2014)

Article 26. Litigant

26. Litigants of a case shall mean the plaintiff, defendant, and other persons taking part in the case with same legal rights and duties.

26. Plaintiff is a person who submits a claim personally or on behalf of others in order to restore allegedly violated rights, freedom and interests provided by law. Plaintiff shall have the right to alter the basis or subject-matter of the claim, to increase or reduce the size of demand in the claim, to fully withdraw from the claim or conclude a friendly settlement of the claim.

26. Defendant is a person who is mentioned in a claim as having caused damages to the rights, freedom and interests of the plaintiff or not fulfilled his/her duty. The defendant shall have the right to accept, to object to implementing or accepting the demand of the plaintiff, to submit counter claim and to conclude friendly settlement.

26. The litigants shall enjoy equal rights in case proceedings.

Article 27. Participation of several litigants in a case

27. Several plaintiffs or several defendants may jointly participate in a case proceeding.

27. One of the co-plaintiffs or co-defendants may be entrusted to represent the others if it is considered that the co-plaintiff or co-defendant does not have conflict of interests and it is not necessary for all of them to participate and [the representation] will not negatively affect the resolution of the case.

27. If considered necessary, the Court may involve other persons as co-plaintiffs and co-defendants in the case proceedings before issuing its decision.

(This paragraph was amended by the law of 03 August, 2007)

Article 28. Replacement of the plaintiff/defendant

28. Where the Court establishes, based on evidences, that a plaintiff does not have the right to submit the claim or a defendant is not real defendant responsible to the claim, it may, upon the request or permission of plaintiff, replace the person who does not have the right to submit the claim with real plaintiff or the person who is not defendant with real defendant.

(This paragraph was amended by the law of 03 August, 2007)

28. If the plaintiff does not request or agree to replace her/him by other person, and such person submits independent claim, then he/she may be allowed to participate in the capacity of a third person.

(This paragraph was amended by the law of 03 August, 2007)

28. If the plaintiff does not agree to the replacement of the defendant by another person, the Court shall not replace the defendant.

(This paragraph was amended by the law of 03 August, 2007)

28. If the situation described in 28.1 of this law is established during a court hearing proceeding, the court hearing proceeding shall be newly restarted after the replacement of the plaintiff/defendant.

(This paragraph was amended by the law of 03 August, 2007)

Article 29. Third party

29. Third party making independent claim regarding the subject-matter of a dispute may participate in the case proceedings before Court issues its decision.

(This paragraph was amended by the law of 03 August, 2007)

29. Third party making independent claim shall enjoy all the rights and be subject to all the duties of a litigant.

29. If the Court decision can negatively affect the rights and duties of third parties not making independent claims to the subject- matter of a dispute, they may be allowed to take part in the case proceedings as third parties not making independent claims on the initiative of the parties or on the request the litigants, or on the initiative of the Court, before the Court issues its decision.

(This paragraph was amended by the law of 03 August, 2007)

29. Third parties not making independent claims shall enjoy the same rights and are subject to the same duties as a litigant, except for the right to alter the basis or subject-matter of the claim, to increase or reduce the size of demand in the claim, to withdraw the claim, to concede to the claim, or to conclude a friendly settlement.

29. Court shall not resolve issue relating to third party who didn't submitted independent claim together with principal claim.

(This paragraph was amended by the law of 03 August, 2007)

Article 30. Succession to rights in case proceedings

30. If any litigant of disputed legal relationship drops out of the legal dispute (death, considered to be missing, dissolution of a legal entity, transfer of a claim or duties to others), the Court may replace the litigant with the person entitled to succeed to the rights by the request of an interested person or the successor. Succession of rights may take place at any stage of the case proceedings.

30. Successor to the rights shall enjoy the same rights and are subject to the same duties as a person who dropped out of the case proceedings.

Article 31. Participation in case proceedings by prosecutors, persons protecting the rights of others

31. If state interests are deemed violated, upon request of a state organization, a prosecutor may represent the state in a civil case proceeding in accordance with article 25 of this Law.

31. Persons protecting the rights, freedom, and lawfully protected interests of others may participate in a civil case proceeding as provided by article 25 of this Law.

31. Withdrawal from participating in the civil case proceeding, or of a submitted claim by persons described in paragraphs 1 and 2 of this Article shall not serve as basis for termination of the case proceedings.

Article 32. Representing a citizen in case proceedings

32. Citizens may take part in case proceedings personally or through their representatives.

32. A representation shall be embodied, in accordance with law, on voluntary basis or on contractual basis.

32. Representation for persons without full legal ability, or with partial or limited ability, and persons considered to be missing or declared as deceased shall be carried out fully by their representatives provided by law.

32. A citizen with full legal capacity may be, on voluntary basis, represented by other person or, on contractual basis by an advocate.

(This paragraph was amended by the law of 03 August, 2007)

32. A citizen, represented by a different party other than an advocate , shall not participate in the court proceedings in person. In case that a citizen seeks personal participation, he/she shall submit a written notification of refusal from a representing body to the court.

(This part was added by the law of 24 April, 2014)

Article 33. Representation of a citizen as provided by law

33. The rights, freedom and legally protected interests of persons without legal ability, or with partial or limited ability shall be represented in the Court by their parents, guardians, or supporters who are the legal representatives and they must present to the Court documents certifying their full authorization.

33. In a case where a person, who would have had to take part in a case, has been considered missing, the guardian appointed to protect his/her property shall take part representing him/her.

33. In a case in which the successor of a person who has died or been declared deceased would have had to take part, but has not yet accepted the succession, the guardian appointed to protect the estate property shall take part representing him/her.

33. Parents, guardians, or supporters of persons described by paragraph 1 of this Article, may involve representatives chosen by them, in the case proceedings.

Article 34. Participation of advocates in case proceedings, their rights and duties

34. Power of representation of an advocate to take part in the case proceedings shall be determined by the request of the party receiving legal assistance.

34. In representing a citizen or legal entity, on contractual basis, the advocate shall take all measures specified by law in order to protect the rights, freedom and legal interests of the person being represented and shall be obligated to render required legal assistance and to assist in determining the objective circumstances of the case.

34. When taking part in case proceedings based on a contract the advocate shall have the rights and be subject to duties specified by the Law on Advocacy (The Law of Advocacy published in Issue 5 of 1995 of the State Information Compilation).

(This part was amended by the law of 24 April, 2014)

34. The authority of an advocate is certified by a document issued by an authorized body.

Article 35. Representing a legal entity in case proceedings

35. Legal entity shall take part in case proceedings through its representative.

35. Authorized representatives of legal entities shall present to the Court document certifying his/her official position or authorizing to act as representative.

Article 36. Full authority of a representative, circumstances preventing representation

36. A representative shall carry out the activities to protect the rights, freedom and legal interests of the person being represented within the scope of law.

36. Full authority of a representative shall be determined by the power of advocate  and other authorization documents compiled according to law and made in writing with the person being represented. The power of advocate  shall meet requirements prescribed by paragraph 2, Article 64 of the Civil Law.

36. Representative shall present documents certifying his/her full authority to the Court.

36. Person being represented may challenge, at any time, the person representing him/her at case proceedings and shall advise the Court about this in writing. With receipt of the notice by the Court, the representative's full power shall expire.

36. Following persons shall be prohibited to take part in case proceedings as representatives:

1. Persons under the age of 18 years, except in cases specially provided by law;
2. Persons with partial or without full legal ability;
3. Judges, procurators, inquirers, and investigators detective except in cases of participation in the case proceedings themselves in the capacity of citizens, or in the capacity of parents, guardians, supporters or authorized representatives of organization where they work.

(This paragraph was amended by the law of 18 May 2017)

CHAPTER FOUR

EVIDENCE

Article 37. Evidence

37. Evidence shall mean any factual data on which the participants of a case base their demand and objection, has significance for the Court to resolve the case, was obtained through methods and tools prescribed by law and is necessary to establish objective circumstances [of the case].

37. Evidence of a case shall be established by proving tools such as: explanations of the litigants, third persons and their representatives or advocates, testimony of witnesses, documentary and physical evidence, or documents, conclusions of experts, motion pictures and photos, paintings, images, sound recordings, molds printed off from traces, minutes and notes taken during search, experiment, identification process or the court hearing note.

(This paragraph was amended by the law of 03 August, 2007)

Article 38. Presenting, gathering and compiling evidence

38. Litigants, third parties and their representatives or advocates shall have the duty to present and gather evidence that is the basis of their demand or objection.

(This paragraph was amended by the law of 03 August, 2007)

38. Other participants than specified in paragraph 1 of this Article may present evidence.

38. The Court by the request of one of the litigants may compel the opposing party to present an evidence.

38. It is prohibited to participants in a case to present fraudulent evidence or to gather evidence using illegal methods.

38. Evidence shall relinquish its proving capacity and shall not serve as basis for the Court decision if rules prescribed by law on presenting and gathering evidence have been violated.

38. Court shall compile evidence by the request of participant to a case in such circumstances when the evidence essentially required for resolving the case is related to secrecy of the state, organizations and individuals, or impossible to obtain for a litigant because it is located in another country or local region, or obtained through experiment, search, identification, laboratory testing or interrogation of witnesses.

38. Evidence shall be presented before session starts at the Court of the first instance.

38. Even if one party withdraws evidence presented to Court, the opposing party has the right to refer to the evidence.

38. The Court shall have the right to postpone the court session for one time if new evidence is required during the session, to eliminate from the evidence or to object to obtaining by demand a fact irrelevant to the case, or insignificant to prove or not allowable by law and in these cases shall issue a resolution or an order.

38. Costs incurred by Court in compiling evidence shall be included in Court expenses.

Article 39. Collection of evidence abroad

39. If it is necessary to compile evidence abroad, by the request of a litigant, the Court itself or through an authorized organization may approach a relevant body of the other country.

39. Procedures for implementing Court requests shall be negotiated through mutual legal assistance agreements entered with given country and in the absence of such agreements, through diplomatic channels.

39. Case review procedure shall be suspended in the case set out in 39.1 of this law.

(This paragraph was amended by the law of 03 August, 2007)

Article 40. Evaluation of evidence

40. Court shall place evidence presented by participants separately in the case file and evaluate the evidence according to its own inner conviction based on all round and objective consideration.

40. The Court shall evaluate the evidence only from an aspect of being relevant and significant to the case, truthful and undoubtful.

40. For Courts, no evidence shall be prior established as being fixed truth.

40. If facts significant for resolving a case have already been established by a valid decision of a Court as evident or established as publicly known, then they shall not be proven again.

40. Evidence, that has not been presented to the Court of first instance but is presented at the appeal or cassational instances shall not be evaluated by Court. If Court decision is to be reviewed due to newly discovered circumstances, this provision shall not apply.

Article 41. Court instructions and their implementation

41. If it is essentially necessary to compile evidence in another region of the country the judge may, based upon a request of litigants, issue an order and instruct the appropriate Court to take certain procedural actions.

41. In the order set out in 41.1 of this law, a brief substance of the case and the evidence requiring clarification shall be indicated, and the term for carrying out the instruction shall be specified, and the case review procedure shall be suspended.

(This paragraph was amended by the law of 03 August, 2007)

41. Court that has received the Court instruction must carry it out within the specified term.

41. The records kept during carrying out the Court instruction and all materials collected shall be sent to the Court resolving the case within the specified term.

Article 42. Explanation by litigants

42. Explanation presented by litigants to Court shall conform to objective truth.

42. In relation to one litigating party's explanation and evidence presented, the opposing party may present its own explanation for the evidence povided.

42. By presenting an explanation specified in paragraph 2 of this Article, a litigant may accept fully or partially the demands of claims presented by another party.

42. Failure to object to one party's explanation by opposing party or to give explanation within the term specified by law shall be considered as acceptance of such explanation.

Article 43. Testimony of witnesses

43. Any person may be a witness to whom any circumstances significant to resolving the case may be known.

43. The Court shall summon a witness and obtain testimony upon request of participants of a case.

43. A person summoned in the capacity of a witness must appear in Court and give truthful testimony. Refusal or decline to give testimony or giving knowingly false testimony shall incur responsibility under the Criminal Code (The Criminal Code published in Issue 5 of 2002 of the State Information Compilation).

43. Testimony can be obtained from a witness in the place where he is residing if, as a result of considerable reasons, he/she is not able to appear in Court as summoned.

43. If a witness fails to appear in Court without considerable reasons, the Court may instruct the police to bring him/her under compulsion and direct the witness to cover related expenses.

(This part was revised by the law of 21 July 2016)

43. If there is serious discrepancy in testimonies of witnesses, it is possible to obtain testimonies while making them confront each other. In obtaining testimonies from witnesses during confrontation judge shall ask the witnesses if they know each other and what kind of relationship they are in. Then testimonies regarding the subject matter to be clarified shall be obtained from the witnesses in turn. After hearing their testimonies the judge may ask the witnesses questions. Witnesses in mutual confrontation may not ask each other a question.

43. Spouses, parents and children of litigants may be interrogated only with the consent of the litigants. In this case they shall have the rights and be subject to duties of witness.

43. The following persons may not be summoned and their testimonies may not be obtained as witnesses:

1. Mediator, representatives of litigants or defense counsels in criminal cases who became aware of the circumstances through carrying out their duties;

(Word '' Mediator' was added by the law of 24 April, 2014)

1. Legally incapable persons.

Article 44. Documentary evidence

44. Evidence in the written form, significant to resolving the case shall be considered as documentary evidence.

44. Documentary evidence shall be produced in the form of the original documents, or as a copy certified by notary public if it is not possible to produce originals. When a copy of a document is produced and if it is considered necessary, the Court shall be entitled to require and obtain the original. If requiring and obtaining documentary evidence proves to be difficult, the Court at the request of litigants may inspect or examine the place of its custody.

44. After the Court has issued its decision, original documents may be returned to the persons who has produced them, upon their request. However, a certified copy of the document shall be kept in the file of the case.

44. Governmental and non-governmental organisations, and legal entities shall provide the written evidence that was taken from its own archive with the mark of 'True and correct duplication'.   

(This part was added by the law of 25 June, 2009)

Article 45. Physical evidence

45. Material objects which may establish circumstances significant to resolving a case shall be considered as physical evidence.

45. Physical evidence shall be kept in the file of the case or deposited under a separately registered inventory in a special facility or container. Objects which can not be brought and kept in Court shall be examined at the place where they are located and records shall be made on the examination. If necessary, the objects may be documented by taking their photos, images, video and sound recording and attached to the file or they may be sealed. Food products and other objects of perishable nature shall be promptly inspected by Court, upon informing the participants of the case. After the inspection they shall be returned to the persons from whom they were obtained, unless otherwise provided by law.

45. If necessary, physical evidence may be left in the custody of the owner, or Governors of relevant baghs, or housing committees, or Court decision implementation and police agencies or their officials. Persons who have received so shall be obligated to keep the physical evidence in its normal condition.

45. Upon expiration of terms specified in paragraph 2 of Article 120 of this Law and unless otherwise provided by law, physical evidence shall be returned to the owner. However, photos, images, video and sound recording of the physical evidence shall be kept in file of the case.

Article 46. Producing documentary and physical evidences

46. Persons and legal entities must produce documentary and physical evidences required by Court within a term specified by the Court. If they are not able to produce the required documentary and physical evidences due to considerable reasons, they shall notify the Court.

46. Faulty officials and citizens who have failed to carry out the requirements specified in paragraph 1 of this Article without considerable reasons shall be subject to liabilities provided in respective laws and legislation.

46. Citizens, legal entities relevant to the case and their officials shall be obligated to make available, by the request of litigants, evidences essentially required for resolving the case and other than related to the secrecy of the state, organizations and individuals.

46. If making available the evidences prescribed by article 3 of this Article was objected to without considerable reasons, they shall be made available by compellation.

Article 47. Expert, his/her rights and duties, expert's conclusion

47. For clarification of questions necessary for resolving a case which require special knowledge in the fields such as science, calculation, accounting, art, literature, and technology, the judge shall, upon request of participants of the case, at the initiation of court, appoint an expert by his/her order.

(This paragraph was amended by the laws of 03 August, 2007 and 03 December 2009)

47. An expert shall fulfil the procedure provided by Law on Forensic examination in his/her expert conclusion making process.

(This part was revised by the law of 03 December, 2009)

47. Expert, if he/she is appointed by an organization then on behalf of it, in other cases on his/her behalf shall provide a conclusion based on results of conducted appraisal and shall be responsible for its objectivity.

47. If necessary judge may appoint several experts and if they have a common opinion, they shall provide a single conclusion and all shall sign it. If any one experts does not agree with conclusions of other experts he/she may provide a separate conclusion.

47. In cases when there is a need to re-appoint an expert, the expert who previously took part in providing conclusion on the case, shall not take part again.

47. Expert shall be obligated to appear by the Court subpoena and give an objective response to the questions put. If an expert deliberately provides a false conclusion, he/she shall be subject to penalty specified by the Criminal Code.

47. An expert may refuse to provide a conclusion if the materials furnished to him/her are inadequate or if the expert does not possess the necessary knowledge to perform the duties imposed on him/her.

47. If considered necessary, expert may request the Court to familiarize him/herself with the materials of the case, and to supply with additional materials.

47. Expert shall provide his/her conclusion in writing. The expert's conclusion must contain a detailed description of the appraisal conducted and the conclusions made on the basis of it, and substantiated answers to the questions put by the Court.

47. If, new circumstances significant to the case are discovered, an expert shall be entitled to include this in his/her conclusions even if no questions in respect of this have been put to him/her by the Court.

(The provisions 47.3-47.10 were annulled by the law of 03 December, 2009)

Article 48. Other proceedings related with resolving a case

48. In order to clarify circumstances significant to resolving a case, the Court shall carry out proceedings for search, experiment and identification with presence of not less than 2 external witnesses and participation of the participants of the case and a note shall be made on this and all participants shall sign the note. Failure to arrive at the proceedings by participants of the case shall not impede the proceedings.

48. A citizen without any individual and institutional interests in the case, and with full legal ability shall take part as external witness. External witness shall be obligated to confirm the process, content and results of the proceedings carried out in his/her presence. External witness shall have the right to suggest corrections to the notice.

48. If an external witness fails to fulfill the duties specified in paragraph 2 of this Article, he/she shall be subject to liability specified by law.

Article 49. Interpreter

49. If a participant of a case does not possess Mongolian language, or is mute, deaf or blind, the judge, by the participant's request, may issue an order and appoint an interpreter. Other participants of the case proceeding shall be prohibited from taking on duties of the interpreter.

49. Interpreter shall be obligated to translate demands of the claim, explanations, testimony and objections of the of the person or demands, explanations, testimony and objections of participants or contents of court sessions, other proceedings and the Court decision and to assist him/her to familiarize with the materials of the case.

49. Interpreter shall be obligated to appear by the Court subpoena and translate objectively and correctly.

49. If an interpreter deliberately mistranslates, he/she shall be subject to penalty specified by the Criminal Code.

49. A translator or an interpreter appointed by the court, except a translator or an interpreter chosen by the participant of a case, shall have obtained permits for conducting translation service from an authorized organization. (This provision was annulled by the law of 20 January, 2011)

Article 50. Securing evidence

50. If it is considered reasonable that evidence essentially required for resolving a case may get tampered, destroyed, transferred to others or concealed for purposes of impeding to resolve the case, the participants of the case may request the Court resolving the case to secure such evidence.

50. It shall be indicated in the request which evidence is necessary to secure, for what circumstances it has proving significance and the reasons for securing so.

50. The judge shall issue an order to secure the evidence if he/she assumes that the request has grounds or to refuse the request if assumed groundless.

50. The Court order shall specify which evidence to secure, where and in whose custody it is to be located and how to secure it.

50. The Court order specified in paragraph 4 of this Article shall be immediately implemented by a Court Decision Implementation Organization.

Article 51. Minutes of proceedings

51. Minutes shall be taken at sessions of Court of the first instance, and at sessions of Courts of appeal and cassational instances if participants of the case are taking part in.

51. Minutes shall be taken during other actions for resolving a case such as examination, experiment, identification and confrontational interrogation.

51. Minutes shall be taken in line with the requirements provided by paragraph 7, Article 7 of this Law.

51. The minutes at the court session shall be taken by the secretary of the court session and during other actions for resolving a case by the judge or by assistant to a judge under the judge's instructions.

51. The minutes shall specify what procedural actions were taken by whom, when and where, the time of commencement and conclusion, family name, parent's name, name and addresses of persons who took a part in or was present at the action, sequence, process and discovered circumstances of the action. All persons who took a part in or was present shall read and get familiarized with the minutes and shall be explained that they have the right to suggest to make corrections in the minutes.

51. All persons who conducted the action or took part in or was present at the action shall sign the minutes. They shall not have the right to refuse signing.

51. Photos, images, molds printed off from traces or other objects significant for resolving the case may be attached to the minutes and it shall be stated in the minutes.

CHAPTER FIVE

COURT EXPENSES, THE STATE STAMP DUTY

Article 52. Court Expenses

52. Costs essentially required for resolving a case by a Court shall be the Court expenses.

52. The Court expenses shall be financed from the state centralized budget.

(This word was removed by the law of 02 January, 2003)

Article 53. Court expenses to be recovered

53. Following expenses incurred by a Court shall be recovered from the litigants:

1. transportation fares, accomodation rent and meal of experts and interpreters and fees for their work performed under Court and judge's orders if such work does not form part of their official duties;
2. transportation fares, accomodation rent and meals, salary and fees for work of witnesses;
3. expenses incurred for conducting examination, experiment and identification;
4. expenses for storing evidence;
5. expenses incurred for travel in order to get a witness testimony.

Article 54.     Determining amount of Court expenses to be recovered

54. Court expenses to be recovered shall be determined according to following procedures:

1. for transportation fares, accommodation rent and meals to be disbursed to experts and interpreters - according to an amount allowed in business trip observed in the government organizations financed from the state budget;
2. for the experts and interpreters fees by the amount paid by the Court;
3. if witnesses have sacrificed their wages for the period summoned to the Court to give testimony, by average wages for that period;
4. other expenses as specified in performance documents;

54.2.   The expenses shall be paid to the state centralized budget account specified by the Court.

  (This word was removed by the law of 02 January, 2003)

Article 55. Exemption from compensating Court expenses

55. A litigant may be exempted from compensating Court expenses if it is established by his/her explanation and other evidences that he/she is insolvent, or based on other grounds provided by law.

55. The Court or the judge may, depending on the financial position of the parties, defer payment of costs due to the state by either or both of the parties, or allow payment by installments, or reduce the amount.

Article 56. Division of Court expenses to be recovered

56. The Court expenses shall be recovered from the defendant if the claim was fully met or from the plaintiff if the claim was dismissed.

56. If some part of the claim was met, then the Court expenses shall be divided accordingly among the defendant and the plaintiff for which they shall be liable.

56. If the Courts of review and appeal instances change the decision of a Court of the first instance the division of the Court expenses shall be changed similarly.

56. Unless the parties when concluding a friendly settlement made different provision for dividing Court expenses the Court resolves [this] by applying rules specified in this Article.

56. If the plaintiff withdraws his/her claim, the defendant shall not pay the Court expenses. However, if the plaintiff withdrew from his/her claim as a result of a voluntary satisfaction of them by the defendant, then the Court shall discount the Court expenses to be recovered from the defendant by 50 percent.

Article 57. The state stamp duty

57. Cash assets paid by the litigants for the Court services rendered with respect to resolving legal disputes are the state stamp duty. The state stamp duty shall be paid by the plaintiff beforehand and if the claim is met then the defendant shall pay the sum which shall be reimbursed to the plaintiff. The state stamp duty shall be paid as specified in this Law.

57. Amount of the state stamp duty to be paid with respect to resolving a case through Courts shall be regulated by the Law on the State Stamp Duty.

(This paragraph was amended by the law of 03 August, 2007)

57. Issues on reimbursement, recover of and exemption from the state stamp duty shall be resolved by relevant provisions of the Law on State Stamp Duty and Articles 58 and 59 of this Law.

(This paragraph was amended by the law of 03 August, 2007)

57. Person submitting claim against the decision of court of first instance or appeal shall pay the state stamp duty in the amount disagree with the decision.

(This paragraph was amended by the law of 03 August, 2007)

Article 58. Recovery of the state stamp duty and exemption from the duty

58. If it is difficult to fix the amount involved in a claim at the time of its being brought, the amount of the state stamp duty shall be provisionally determined by the judge, and after the decision on the case an adjusting payment of duty shall be paid in conformity with the value put on the claim by the Court or if the previous payment was excessive then the difference shall be reimbursed.

58. In the event of an increase of the amount of a claim, the amount of the state stamp duty shall be increased according to the increase in the value of the claim.

58. A plaintiff may be exempted from payment of the state stamp duty if it is established by his/her explanation and other evidences that he/she is insolvent, or based on other grounds provided by law.

58. Depending on the financial position of the litigants, amount of the state stamp duty to be recovered may be decreased or allowed to be paid by installments.

Article 59. Return of the state stamp duty

59. If the Court rejected to receive a claim, then by order of a judge the state stamp duty shall be returned to the plaintiff in the amount paid.

59. If a person filed a complaint to the appeal or review instances withdraws from his/her complaint before the Courts sessions then a judge of relevant Court shall assume that no complaint was filed and shall issue an order and the state stamp duty paid when filing the complaint shall be returned in the amount paid.

59. In cases when a Court decision or review order are annulled or changed because the Court of review instance considered reasonable the complaints filed by a litigant, third party and their representative or advocate, the state stamp duty paid by the complainant to Court of that instance when filing the complaint shall be returned in the amount paid by the order of judge.

(This paragraph was amended by the law of 03 August, 2007)

59. If the plaintiff withdraws from claim on the ground that the defendant voluntarily accepted and fulfilled the claim pursuant to 56.5 of this law, the 50 per cent of state stamp duty paid by plaintiff shall be repaid.

(This paragraph was amended by the law of 03 August, 2007)

59. Case review procedure is ended pursuant to 106.5 of this law by the way that the plaintiff reduces the amount claimed, or withdraws from claim in the case other than that set out in 59.4 of this law or litigants reach to reconciliation the state stamp duty shall not be repaid.

(This paragraph was amended by the law of 03 August, 2007)

Article 60. Distribution of the state stamp duty

60. Issues of dividing the state stamp duty among the litigants liable shall be regulated similar to the rules provided in Article 56 of this Law.

PART II.

PROCEDUREs for resolving civil cases IN THE COURT OF the FIRST INSTANCE

CHAPTER SIX

FILING A CLAIM AND ITS ACCEPTANCE

Article 61. Forms of a claim

61. A claim shall be filed in writing and signed by the plaintiff or a person representing him/her in the case proceedings.

Article 62. Contents of a claim

62. A claim shall contain the following:

1. the title of the Court in which the claim is filed;
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;
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;
4. basis and demand of the claim, and the evidence proving them;
5. the value of the claim;
6. a list of documents attached to the claim.

62. Attached to the claim shall be the document proving payment of the state stamp duty, if the duty should be waived then a letter requesting for it and if the claim is filed by a representative then the power of advocate  letter.

62. A claim shall be copied according to the number of defendants and presented to them.

Article 63. Valuation of a claim

63. Value of a claim is determined as follows:

1. in claims to recover money by the sum of money claimed for;
2. in claims to regain property by the value of the claimed property;
3. in claims consisting of several independent demands by the total sum of all claims.
4. in claims demanding to annul contracts and agreements by the total amount of the contract or agreement;
5. in claims to recover payments of pensions, benefits, supports, damages or compensations to be made by installments for a fixed term by the total sum of the payments per annum.
6. in claims to recover immovable property by the total value as registered at the Immovable Property Registration Agency;
7. damages to name, reputation and business reputation by the sum specified in the claim;
8. in claims with respect to securities by then current rate at the stock exchange;
9. in claims related to special permissions or tenders by the value of the special permission or the tender fees.

63. Foreign currency rate shall be calculated at then official exchange rate announced by the Mongolbank and the value of a property by the amount proven.

Article 64. Acceptance of claims

64. A claim shall be received by administrative officer a judge of relevant Court or the secretary of the court session and number of pages of the claim and attached materials, date, hour and minute shall be noted and certified in the claim. Notes shall be taken in a log book according to the sequence used in the notes.

(This part was amended by the law of 24 April, 2014)

Article 65. Refusal to accept Statements of Claim in Civil Cases

65. A judge shall refuse to accept a claim in following situations:

1. Jurisdiction of a case specified in Article 13 of this Law is violated;
2. Jurisdiction of a court specified in Article 14, 15, 16 and 19 of this Law is violated;

(This part was amended by the law of 03 August, 2007)

1. the plaintiff has failed to observe rules for extra judicial, preliminary settlement of the case laid down by law and it is possible to use the rules;
2. the plaintiff is a person without full legal ability;
3. the claim was filed by a person having no authority to represent the plaintiff;
4. there is a decision of a Court or an arbiter with full legal effect, made on the subject-matter mentioned in the claim and guilt of the litigants or a decision of a Court or an arbiter with full legal effect to refuse to accept the claim or to dismiss the case;
5. another case on the subject-matter of and the grounds for the dispute between the litigants is being resolved by a Court,
6. the case related to the claim is being investigated through criminal procedures;
7. the defendant's address is not clear;
8. in cases when a litigant has died or a legal entity has been liquidated, the demand in dispute or disputed obligation is not passed to a successor of the rights;
9. if requirements provided in Article 62 of this Law have not been met;

65. A judge shall state in his/her order described in paragraph 1 of this Article, how to present the claim or how to eliminate the circumstances preventing it being accepted.

Article 66. Initiating a case

66. If a judge considers that there is no ground described in paragraph 2, Article 13; paragraph 1, Article 65 of this Law, he/she shall, within 7 days from the date of receiving the claim, issue an order on initiating a case.

(This part was amended by the law of 03 August, 2007)

66. If the Court resolved issues of exempting from the state stamp duty or reducing it or payment of it in installments or deferral by the request of the plaintiff, it shall be stated in the order initiating the case.

Article 67. Actions taken by a judge who initiated a case

67. The judge who accepted the claim and initiated a case shall take following actions:

1. to introduce the litigants, third parties and their representatives or advocates their obligation to present and prove themselves the evidence proving their demands or objections and to explain their rights;

(This part was amended by the law of 03 August, 2007)

1. to hand over a copy of the claim to the defendant;
2. If the court considers a request by a participant of a case to have grounds, the actions specified in Article 38.6 of this Law shall be carried out.

(This part was amended by the law of 03 August, 2007)

1. To provide all necessary information on reconciliation process and remind of options for getting assistance from reconciliation services, and reconcile at all stages of court proceedings.

(This part was added by the law of 24 April, 2014)

            67.1.5.   (This paragraph was annulled by the law of 12 April, 2018)

Article 68. Consolidation and division of several demand of a claim

68. A plaintiff may consolidate in a single claim several interconnected demands. If it is considered appropriate to separate a single or several demands from the demands consolidated in a claim they may be separated by an order of a judge.

68. If it is considered appropriate to separate a single or several demands from the demands consolidated in a claim filed by several plaintiffs or against several defendants, they may be separated by an order of a judge.

68. In cases when one litigant is taking part in several similar case proceedings of a Court or if it is considered that resolving several cases in consolidation where one plaintiff filed claims against different defendants or different plaintiffs filed claims against one defendant will make possible to resolve the case more expeditiously and properly, they may be consolidated by an order of a judge.

(This part was amended by the law of 03 August, 2007)

Article 69. Securing implementation of Court decision

69. A judge, on the application or request of a plaintiff, by his/her order may take following measures to secure implementation of Court decision upon or after initiating a case:

1. imposition of an arrest on money or property belonging to the defendant for the sum equal to sum of a claim;
2. prohibiting the defendant from doing certain acts related to its property (for the sum equal to sum of a claim);
3. halting expenditure transaction of defendant's account (for the sum equal to sum of a claim);
4. requiring an advance payment of money demanded by a claim into Court decision implementation deposit account.

69. The judge may simultaneously take several measures indicated in paragraph 1 of this article.

69. A judge shall warn a plaintiff about provisions of paragraph 3, Article 70 of this Law, when taking measures specified in paragraph 1 of this Article.

69. Upon request of a plaintiff a judge may substitute one kind of security specified in paragraph 1 of this Article for another. In the case of a taking of security for an action to recover sums of money, the defendant is entitled, in lieu of the measures of security which have been taken, to deposit the sum of money sought by the plaintiff in the Court's decision implementation deposit account.

69. When taking measures specified in paragraph 1 of this Article a judge shall not cause consequences such as interruption of normal production and service activities, closure of an income source or deterioration or loss of quality.

Article 70. Enforcement of measures to secure implementation of decisions to be issued by the Court and compensation of damages caused from it

70. A judge' order on taking measures to secure implementation of Court decision shall be fulfilled from the date of issuing an order through execution of the Court decision.

70. The measures taken to secure Court decision are maintained until the period specified in paragraph 2, Article 120 of this Law expires or during the period of solving claims for appeal or review if such claims were filed.

70. If the claim is dismissed, the defendant may make a claim to the court on damages caused by the actions specified in Article 69.1 of this Law.

(This part was amended by the law of 03 August, 2007)

Article 71. Term for case proceedings

71. If not otherwise specified by law a case shall be resolved within 60 days from the date of its initiation. If a case was returned for reconsideration by Courts of appeal and review instances, a judge shall resolve the case within 30 days from the date of its receipt.

71. The period specified in paragraph 1 of this Article may be extended once for 30 days by conference of judges of that particular Court.

71. In the process of case proceedings a Court may establish other terms within the term specified paragraph 1 of this Article.

71. A procedure specified in the Civil Code shall be used for counting and determining of the term.

71. Court shall set the timeframe for reconciliation process, which takes place after the initiation of a civil case, in accordance with the provision 20.2 of the Law on Reconciliation.

(This part was added by the law of 24 April, 2014)

Article 72. Handing over a claim to a defendant

72. 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. A defendant must submit to the Court within 14 days after receipt of a claim or within a period determined by a Court, an evidence proving grounds for accepting or rejecting the claim's demand.

72. In case of non implementation by the defendant of its duties specified in paragraph 2 of this Article after its receipt of the claim or non appearance in the Court to give his explanation after being notified in conformity with procedures set forth in article 77 of this Law, the Court shall consider it as an accept of the claim's demand and shall resolve the case in the absence of the defendant as provided in paragraph 3, Article 100 of this Law.

72. The defendant shall be warned of such consequences specified in paragraph 3 of this Article at the moment of handing him over of the claim and the Court writ.

Article 73. Counterclaim

73. 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.

73. Court will accept a counterclaim if the satisfaction of the counterclaim would wholly or partly exhaust the original claim. In other cases court will decide whether to resolve these claims jointly or not.

(This part was amended by the law of 03 August, 2007)

73. In case of lodging the counterclaim the state stamp duty shall be paid in advance in conformity with the procedures and in the same amount set forth for ordinary claims.

CHAPTER SEVEN

RESOLVING CASES THROUGH SIMPLIFIED PROCEDURE

Article 74. Resolving cases through simplified procedures

74. The case shall be resolved through simplified procedures in case of plaintiff's withdrawal from his/her claim, acceptance of the claim by the defendant, conclusion of friendly settlement by litigants, or satisfaction by the defendant of the claim between the period between initiating a case and the court session.

74. If it is considered possible to resolve a case through simplified procedure, the judge shall issue an order dismissing the case and confirming plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of claim's demand by the defendant.

(This part was amended by the law of 03 August, 2007)

74. The litigants shall conclude an agreement, in writing, on plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of claim's demand by the defendant and shall certify this agreement by their signatures.

74. In case of resolving a case through simplified procedure, a litigant shall not have a right to file a complaint for re-examination the decision by way of review procedures and shall not have a right to re-file a claim to the Court of first instance on that particular issue.

74. In case of resolving a case through simplified procedure, the state stamp duty shall be discounted by half and shall be paid in conformity with procedures set forth in this Law.

74. In case of friendly settlement by the litigants, they may come to an agreement about total amount of the claim's demand or its certain portion and conclude a reconciliation agreement before a Court. The reconciliation shall come into effect upon setting in writing the content of it, accepting and signing it by the litigants. The reconciliation agreement shall comply with law and shall not affect legal interests of third parties.

Article 741 . Approval process of Reconciliation agreement, made with mediator's support.

741.1. Based on the request for reconciliation service, made by the parties or the litigants' acceptance of the court recommendation for reconciliation, the Judge shall transfer the claim to a reconciliation mediator and issue an order concerning this transfer. 

741.2. A reconciliation mediator of the court of the given instance shall carry out reconciliation activities for the claim, transferred as specified in Clause 741.1 of this Law.

741.3. Reconciliation agreement shall be made in a written form and signed by the parties prior to being delivered to the Judge.

741.4. The Reconciliation agreement shall be compliant with the Civil Code and not violate any legally protected interests of the third party/ parties.

741.5. If the judge transferred the claim to the reconciliation mediator before initiation of a civil case and the parties reconciled, the judge shall issue an order, approving the Reconciliation Agreement.

741.6. In case of litigants' reconciliation following the judge's transfer of claim to the reconciliation mediator after initiation of a civil case, the judge shall resume suspension of the case proceedings and approve the reconciliation agreement and issue order to dismiss the case.

741.7. After receiving a reconciliation agreement, the judge shall review and approve it within a week. If the agreement is deemed to be unclear, vague, or is in violation with the provision 741.4 of this law, the judge shall issue an Order refusing to approve the reconciliation agreement.

741.8. Judge's approval order of reconciliation agreement must meet the requirements, specified in the Article 75 of this law. If the litigants fail to voluntarily fulfill the order, they shall be enforced to follow the order in the same way as a court decision.

741.9. If the litigants were reconciled through reconciliation mediation process, the litigants, their representatives and lawyers shall not have the right to appeal the case, file a complaint for re-examination of the decision through review procedures, or to re-file a claim to the Court of first instance on that particular issue.

741.10. If reconciliation efforts were unsuccessful, following the transfer of a claim to the reconciliation mediator after initiation of a civil case, the reconciliation mediator shall transfer the claim to the court. The judge shall receive the claim, resume the suspended court proceedings and resolve the case through regular procedure.

741.11. An Order of refusal, issued in line with the Clause 741.7, shall not prevent from resuming the reconciliation process.

741.12. If the reconciliation mediator was approached by both or one of the litigants, all provisions except Clauses 741.6 and 741.10, herein, shall be applied.

(This Article was added by the law of 24 April, 2014)

Article 75. Judge's order on resolving a case through simplified procedures

75.1    A judge's order on resolving the case through simplified procedures shall consist of introductory, descriptive, motivational, and resolutive parts.

75. The introductory part of the order shall specify when, where, and which Court does issue the order, the judge who issues the order and the litigants.

75. The descriptive part of the order shall contain a content of explanations of the litigants of the case regarding plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of the claim's demand by the defendant.

75. The motivational part of the order must indicate the evidence on which the Court's conclusions are based, the documents certified in writing with reference to plaintiff's withdrawal from his/her claim, defendant's acceptance of the claim, friendly settlement of the litigants and satisfaction of the claim's demand by the defendant, the reconciliation agreements, the outcome of mediation process and others.

(this part was amended by the law of 24 April, 2014)

75. The resolutive part of the decision must specify, in detail, the applied law, and its provisions by which the Court was guided, and shall specify if the plaintiff withdrew his/her claim, or defendant accepted the claim, or litigants came to friendly settlement or the defendant satisfied the claim's demand and shall indicate resolution of issues such as payment of the state stamp duty and Court costs.

75. If the defendant did not implement the order voluntarily it shall be enforced under compulsion similar to any decision of the Court.

CHAPTER EIGHT

ENSURING THE PREPARATION OF COURT SESSION

Article 76. Actions taken by the judge in ensuring the preparation of the court session

76. A judge shall conduct the following actions in the preparation of a case for court session:

1. having considered that evidence significant to the case is sufficiently collected or on expiry of terms indicated in paragraph 1, Article 71 of this Law, or in any other cases which he/she considers necessary, shall issue an order to hear the case  at a session of the Court and set a date and place for the court session.
2. shall notify the participants of the court session, by the Court writ, about the date and place of the court session to be held.

76. A litigant shall be obligated to inquire the Court of the date and place for the court session.

Article 77. Court Writs

77. Litigants and persons taking part in a case are notified by Court writs of the time and place of the court session at the address of their residence or work place. The legal consequences of failure to appear at court session and possibilities to resolve cases in their absence as set forth in Article 100 of this Law shall be stated.

77. Writs are served by certified post or by Court officer personally at the address of residence or work place of litigants. In case of need, writs are served by phone, fax, telegram or through public media and information means. Such notification and delivery shall be certified by documents.

77. If writs are delivered by mail then the name, address of the recipient, date of delivery and signature of the Court officer and post officer shall be noted down on the writ.

77. Depending on specifics of the local area, Court may instruct other person to deliver the writ in person.

77. A writ is served on a citizen personally against a signed acknowledgement by him with indication of time of submission. A writ addressed to a legal entity is served on the governing official, or its secretary who signs an acknowledgement, indicating the time of submission.

77. If the person to whom a writ is addressed is not found at his place of residence or work, then the writ is served on an adult, the addressee lives with, or on a Governor of soum, bag, and housing committee or on its working service or on administration of place of work of the addressee against a signed acknowledgement .

77. In the event of a refusal by the addressee to accept a writ, the person delivering it makes a note to that effect on the writ and returns it to the Court. A refusal to accept the writ is no obstacle to the hearing of the case.

77. Persons taking part in the case are bound to inform the Court of any change of their address during the period of the case resolving proceedings. In the absence of such notification, the writ will be sent to the last address, of the persons taking part in the case, known to the Court, serving on a citizen or an official specified in paragraph 6 of this Article and shall be considered to have been delivered.

77. If a participant of a case who received the notice is absent at the court without any excusable reasons and his/her presence is mandatory, the participant shall be forced to come by a judge order and shall be imposed with liabilities specified in laws and legislations.

(This part was amended by the law of 03 August, 2007)

77. Actions regarding the bringing of litigants and participants of the case under compulsion shall be implemented by police according to the order of the judge.

(This part was revised by the law of 21 July 2016)

Article 78. Appointing a judge, team of judges and the presiding judge

78. The conference of judges of a particular Court shall appoint a judge, team of judges and the presiding judge who will resolve the cases for a certain period of time such as year or half year, on the basis of a schedule.

78. In the event when a judge who is appointed according to the schedule is not able to participate at the court session, a judge who will replace him/her shall be appointed in conformity with procedures set forth in paragraph 1, of this Article.

78. Conference of judges shall be presided by the Chief Judge. All questions arising on the conference shall be decided by a majority vote and if there is a tie, the matter is resolved by the vote of the Chief Judge. Quorum of the conference shall be met if two third of judges are present at the conference and all judges shall have equal rights.

78. The Chief Judge shall resolve the case in accordance to a schedule, on a same basis as per other judges.

78. On every occasion when it became impossible to resolve cases as provided in paragraphs 1 and 2 of this Article due to an increase of workload of a judge for that particular year or due to increase or decrease in the number of judges, the Chief Judge shall convene a conference of judges.

78. If the court panel is not sufficient for resolving the cases, upon the consultation with chief judge of the other courts of same level and by the order of chief judge of the court concerned, judge shall be appointed to resolve the case.

(This provision was changed by the law of 13 May 2016)

Article 79. Appointing a citizen's representative

79. A citizen's representative elected from the territorial area under the Court jurisdiction shall take part in the court session according to the Law on Courts (The Law on Courts published in Issue 2 of 1993 of the State Information Compilation).

79. A citizen's representative who will take part in that particular court session shall be appointed in accordance to a schedule set forth by the conference of judges specified in Article 78 of this Law.

Article 80. Stay of case proceedings

80. Case proceedings shall be stayed by Court resolution during the court session or by an order of a judge prior to court session in following instances:

1. in case of the death of a litigant or liquidation of a legal entity, the disputed demand or obligations should be transferred to a successor;
2. necessity to appoint a guardian for the litigants;
3. a litigant is serving in the armed forces during the announcement of extraordinary or war situation;
4. where it is impossible to hear the case until another case being heard in civil, criminal, administrative or arbitration proceedings completes;

(This part was amended by the law of 03 August, 2007)

1. where the litigant is being treated due to serious illness;
2. where the necessity for search for defendant has been arisen;
3. the proposal is submitted to the Supreme Court on incompliance of the law applicable for resolving the case with the Constitution;

(This part was amended by the law of 03 August, 2007)

1. carrying out the operations specified in Articles 39, 41 and 47 of this law;
2. where decision to start reconciliation process has been made.

           (This part was added by the law of 24 April, 2014)

80. It shall be prohibited to stay case proceedings for other reasons than specified in paragraph 1, of this Article.

80. Proceedings in a case are resumed after the elimination of the circumstances which brought about the stay, on the application of persons taking part in the case or on the Court's [own] initiative and a judge shall issue an order on resumption of proceedings, and period for resolving the case shall be counted further from this date.

80. In case of failure to eliminate the reasons for suspending the case proceedings, the judge shall resume the proceedings and issue an Order to dismiss the case, in which, the details of circumstances preventing from proceeding with the case and recommendations on elimination of the obstructions shall be included.

(This part was added by the law of 24 April, 2014)

CHAPTER NINE

TEAM OF JUDGES, PARTICIPANTS OF THE COURT SESSIONS, COMMON PROCEDURES FOR COURT SESSIONS

Article 81. Team of judges

81. All cases are resolved by three judges except in cases where single judge resolves a case in a Court of first instance.

Article 82. Cases to be resolved by a single judge

82. A single judge shall resolve cases provided by articles, paragraphs and subparagraph of following laws:

1. provisions 8.1.1; 8.1.3; 8.1.4; 8.1.6-8.1.8 of the Civil Code;
2. dispute arose out of labor relations;

(This part was amended by the law of 03 August, 2007)

1. disputes arising due to marriage law relationship;
2. disputes arising due to pension relationship;
3. dispute arose out of support/allowance relations;

(This part was amended by the law of 03 August, 2007)

1. Articles 74, 133 of this Law;
2. when the law provided for the Court to impose monetary fines;
3. cases and legal disputes placed under Court jurisdictions by other laws.