Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/123.1


The Saeima has adopted and the President promulgated the following laws: the law of civil procedure to make the civil procedure law of the Republic of Latvia (Saeima and the Cabinet of Ministers rapporteur, 1998, no. 23, no. 15; 2001; 2002; 2003, no. 24, 15; 2004, nr. 6, 10, 14, 20; 2005, nr. 7, 14; 2006, nr. 1, 13, 20, 24, 3. No; 2007, nr. 24; 2008, 13 no, 2, 6, 2009., no. 14; Latvian journal, 2009, no. 205; 2010, 166, 183, 206. no; 2011, 16, 95, 132, 148. no; 2012, 50, 100, 197, 190 n.; 13, 87, 112, 188. nr.; in 2014, 2, 41, 63., 108, 194.228. no; 2015, 42, 91, 118, 227, 251. no; 2016, 31 No.) the following amendments: 1. in the first subparagraph of article 363.23: Express (3) as follows: "3) all deadlines and commitments;"; Add to part with a 3.1 point as follows: "31) all obligations due under the insolvency law will join 134. the third paragraph of article;". 2. Replace the fifth subparagraph of article 432 of the word "motivation" with the word "argument".
3. Turn 450. in the third subparagraph, the words "or translated".
4. in article 451: Supplement to the second part of the article as follows: "(2) the substantive law incorrect application can be the basis for appeals against the judgement in cassation, if it has led, or could lead to wrong judgment of the case."; believe the current text of article about the first part. 5. Replace article 452 in the second paragraph, the words "the infringement of" with the word "it". 453. Article 6: turn off the first part of paragraph 5, the words "or translated"; turn off the first part of paragraph 6; Add to article 1.1 part as follows: "(11) if the Court of Cassation, the complainant considers that the examination of an appeal in cassation proceedings in the court order are essential to the provision of single or tālākveidošan, he reasoned in law their appeals."; make the second paragraph as follows: "(2) an appeal in cassation shall be signed by the applicant: the natural person, article 82 of this law in the seventh part contains the officer or lawyer. If the cassation complaint signed by a legal person, the complaint shall be accompanied by a document certifying the official's right to represent the applicant. If the appeal in cassation by the Attorney, the complaint adds an powers and warrant. Cassation protest sign legal prosecution officer. "; express the sixth point 1 and 2 by the following: "1) an appeal in cassation is not accompanied by a document attesting payment of the security; 2 the appeal in cassation is not connected) or case filed a document showing the legal entity's officials the right to appeal against the judgment of the Court of Cassation, or not or in case the lawyer submitted a power of Attorney and issued warrant. "
7. in article 458: Add to the first paragraph, after the word "complaint" with the words "the Supreme Court's deposit account"; replace the first paragraph, the number "284.57" with the number "300"; off in the fourth paragraph, the words "or decision of a court or judge". 8. in article 1139: turn off in the first paragraph, the words "of the Court of cassation complaint added powers or other document does not follow the mandate of the representative appeal judgement in cassation, if" and the words "Court of appeal"; Supplement fifth after the words "Court of appeal" with the words and the number "but this law article of 450 in the case referred to in the first paragraph, the Court of first instance". 460. Article 9: turn off the title, the words "appeal"; to supplement the first subparagraph following the words "appeal court judge" with the words "and the number or article 450 of this law in the case referred to in the first paragraph, the Court of first instance judge"; turn off the second paragraph, the words "the appeal".
10. Add to 461. the first part of the article number and the words "within 30 days of the appeal in cassation the date of dispatch of the transcript by submitting a corresponding application to the Supreme Court." 11. Make 462. the second subparagraph by the following: "(2) If an appeal in cassation to the Supreme Court reference action, cassation hearing proceedings are not initiated if, after the Supreme Court action, cassation hearing, the proceedings shall be terminated."
464. Article 12: replace the words "in part 4.1 in the third and fourth" with the words "third, fourth and seventh"; to supplement the article with the seventh subparagraph by the following: "(7) where a panel of judges has no obvious reason to believe that the next complaint, the decision under appeal will be completely canceled, or any part thereof, or in the Supreme Court hearing the action unanimously may refuse to accept the next complaint. In this case, the stamp duty paid on the next complaint will not be released. " 13. in article 464.1: replace the introductory phrase of the second paragraph, the words "Court of appeal" with the words "the Court which delivered the judgment under appeal are"; Express 1 and the second subparagraph of paragraph 2 as follows: "1) appeals in specified in law matters has developed the case-law of the Supreme Court, and the judgment under appeal it meets; 2) the examination of appeals in these arguments, there is no obvious reason to believe that in the judgment in case the outcome was incorrect and that the case under consideration is essential to the provision of single or tālākveidošan of the law. "; to supplement the article with the third part as follows: "(3) If an appeal in cassation formally comply with the first part of this article the requirements and if the Court has not violated this law, the third subparagraph of article 452 of the present provisions and is irrelevant to the case of the uniform and the law tālākveidošan, the Panel may refuse to propose the cassation proceedings also disputes the nature of property, if the part on which the judgment is appealed is less than Euro 2000. " 14. Replace the words "in article 464.2 decision" with the word "ruling" and the word "interpretation", with the word "interpretation".
15. in article: Supplement 464.3 article 2.1 part as follows: "(21) If a court judgment finds that at the time of the complexity of the case judgment requires a longer duration, it may extend this period, but not longer than two months. The Court shall promptly inform the second part of this article, the Parties shall be referred to the new full judgment date when judgment will be able to get the clerk of court. " replace the third paragraph, the words "the reported hearing" with the words "the date on which the copy of the judgment to be able to get the clerk of court."
16. Replace the sixth subparagraph of article 472, the word "it" with the word "it".
475. Article 17: replace the third subparagraph of paragraph 3 and 4, the word "themes" with the word "arguments"; make quarter point 2 as follows: "2) allowing the appeal in cassation, — the arguments for the allow rules violations, incorrect application or competence. '; to supplement the article with sixth and seventh paragraph as follows: "(6) if the Court, considering the case, admit that the reasons contained in the judgment in the application of provisions of the law in question is correct, the grounds of the judgment, you can specify that recognises the reasoning on the right. In this case, the fourth paragraph of this article, paragraph 1 specific arguments in the grounds of the judgment may not be specified. (7) if the Court, considering the case, recognize that the judgment under appeal does not comply with the case-law of the Supreme Court, which built up in other similar cases and in the judgment under appeal is not valid is specified, why there has been a departure from the case law, the Court may make a judgment that the grounds of the case law indicates that a is not complied with or where compliance is not justified. In this case, in the descriptive part of a judgment may not be included in the fourth part of this article, and the arguments set out in paragraph 2 of the grounds of judgment can not. "

18. in article 478: make the first paragraph by the following: "(1) the examination of the new Case due to newly discovered circumstances suggests following the participant's application. Application shall be filed in the same court with the judgment or decision of which completed the substance of the matter. "; Add to article 3.1 part as follows: "(31) does not sign the application shall be deemed not to have been filed and shall be returned to the applicant, the repayment of a security.";  to make the fourth subparagraph by the following: "(4) the judge shall decide on the refusal to accept the application, if: 1) the does not have a power of attorney or other document certifying the authorisation of the representative to apply to the Court with his application; 2) and in accordance with the procedure prescribed by law has not been paid to the amount of the security; 3) overdue in the second or third part; 4) application does not specify the circumstances under which this law 479. article can be found on the newly discovered circumstances; 5) application filed repeatedly and it does not follow that the question for decision significantly changed the factual or legal circumstances. "; to supplement the article with the fifth, sixth, seventh and eighth by the following: "(5) the judge's refusal to accept a decision on the application under the fourth paragraph of this article 1 and 2 are not appealable.  On the judge's refusal to accept a decision on the application under the fourth paragraph of this article 3, (4) and (5) an ancillary complaint may be submitted. (6) If the powers attached to the application or other document does not follow the mandate of the representative to turn with this application for judicial review, the applications judge left without guidance and this law provided for in article 133.  (7) the application for the securities of a security of eur 300. If the Court contested court ruling fully or partly withdrawn or if the application is a reference to it, the security shall be repaid. (8) if the Court refuses to accept the application, based on the fourth paragraph of this article 1 and paragraph 2, the security shall be released. If the Court refuses to accept the application, based on the fourth paragraph of this article 3, point 4 and 5, the security shall not be released. " 19. in article 481: Supplement to the second part of the article as follows: "(2) the examination of the application, are not applicable to the provisions of the law on the admissibility of the judge not to participate further in."; believe the current text of article about the first part. 20. in article 482: make the second paragraph as follows: "(2) if the Court finds newly discovered circumstances, it repealed the contested judgement or decision in whole or in any part thereof and shall refer the case for a new consideration of the same court or lower court."; to make the fourth subparagraph by the following: "(4) the decision of the Court, which rejected an application for a new hearing of the case due to newly discovered circumstances, an ancillary complaint may be submitted."
21. To supplement the article with the sentence 545 as follows: "The Court's decision an ancillary complaint may be submitted."
22. Supplement article 551 of the second and third part of the sentence the following wording: "for the Court's decision an ancillary complaint may be submitted." 23. To complement the 552. the third paragraph of article with the sentence as follows: "The Court's decision an ancillary complaint may be submitted." 24.620. Article: Supplement to the fourth part with a new fifth sentence the following wording: "for the Court's decision an ancillary complaint may be submitted."; Supplement fifth with new third sentence as follows: "The Court's decision an ancillary complaint may be submitted." 25. Make 620.12 fifth article as follows: "(5) the decision of the Court for the imposition of fines in an ancillary complaint may be submitted." 26. Express 620.18 fifth article as follows: "(5) the decision of the Court for the imposition of fines in an ancillary complaint may be submitted." 27. Express 620.25 fifth article as follows: "(5) the decision of the Court for the imposition of fines in an ancillary complaint may be submitted." 28. The transitional provisions: to replace in paragraph 73 of the number and the word "2016" with a number and the word "2018"; transitional provisions be supplemented by the following paragraph 116: "116. Court until 2016 1 august started to consider new applications for review of case due to newly discovered circumstances, complete their examination. The examination of applications for it, put for consideration by the Supreme Court's Civil Chamber, decide in accordance with the transitional provisions of paragraph 109. " The Saeima adopted the law on 9 June 2016. The President r. vējonis 2016 in Riga on June 29.