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Amendments To The Civil Procedure Act

Original Language Title: Grozījumi Civilprocesa likumā

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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.) the following amendments: 1. Turn off the article 25, first paragraph, point 2. 2. To supplement the law with article 32.1 by the following: ' article 32.1. Proceedings adopted the transfer of the case to another court case on the fast track (1) the Court may propose the referral to another court of the same instance of its review of claims in litigation matters, except in the case where the jurisdiction established in accordance with this law, 28, 29 or 30. If proceedings have not commenced in substance and in transferring the case to another court, its faster. (2) the District Court may propose to refer to another District Court of appeal in its examination of the case that brought about the judgment of the Court of first instance (papildspriedum), if the substance of the matter has been initiated and to transfer the case to another court, its faster. (3) a decision on a transfer from one court to another court at the request of the President of the Court, which has jurisdiction over, takes one level of Justice. If the district (City) Court records in the case of a candidate for other judicial courts in the area, the question shall be determined by the President of the District Court in whose territory the seat of the Court, which proposes a transfer to another court. The decision shall be taken in the form of a resolution, and it is not appealable. (4) As referred to in the third subparagraph of the Court decision, which proposed the transfer of the case to another court shall inform the parties. (5) if the case for the fast track in one of the instances of the proceedings had been transferred to another court, the transfer of the case in accordance with the procedure laid down in this article is not acceptable. " 3. Article 34, first paragraph: turn off paragraph 9, the words "the fulfilment of compulsory warning order"; Add to part with the 9.1 point as follows: "the application of the relation 91) forced execution alert order — 2 per cent of the amount of the debt;". 4. Make 61. and article 62 the following: "article 61. In the course of fixing the hearing (1) in any hearing, write the trial protocol. In the course of the hearing in full captures, through technical means. About the mark of the minutes of the hearing. (2) a sound recording or other technical features of the materials to be added to the case and store along with it or insert and store the information in the court system. (3) in the cases provided for in this Act Protocol write also about the individual procedural steps that are executed outside the hearing. (4) the hearing process is not fixed by sound recordings or other technical means, if: 1) to the Court of session has not arrived, none of the parties and the hearing postponed; 2) to the Court of session, which determined the judgment to not come to any of the parties. (5) If in the course of the hearing fixed by sound recording, persons who have the right to consult the file, the sound recording is available on the next business day after the date of the hearing. 62. article. (1) the content of the minutes the minutes of the hearing: 1) year, month, date, time and place of the hearing; 2 the name of the Court), hearing the case, the composition of the Court, the hearing Secretary, lawyer and Prosecutor, which participates in the case; 3) that, in the course of the hearing shall be held in place by technical means; 4) hearing disclosure period; 5) things; 6) details of the parties, witnesses, experts and interpreters coming; 7) messages that are explained in the proceedings their procedural rights and obligations; 8) news that the witnesses, experts and interpreters warned about criminal liability; 9) news on plastic and written evidence; 10) court orders and decisions that have been adopted for certain procedural documents; 11) news about leaving the Court decision or judgement; 12 news judgment or) a separate procedural document accepted delivery of the decision; 13) news on the judgment or decision, appeal against the content of the order and term advocacy; 14) details as to when the parties can consult the minutes of the proceedings of the Court, and the full text of the judgment; 15) hearing closing time; 16) hearing at the time of signature of the Protocol. (2) the applicant's waiver, as well as the fact that the defendant has admitted the claim and the parties recognized the legal facts, do check the minutes of the hearing and the claimant, respondent or both parties evidenced by subscribing to a separate Court of the prepared certificate. (3) the hearing Protocol signed by the Chairman and the hearing the hearing Secretary. (4) outside the hearing some procedural action executed Protocol must satisfy the requirements of this article. "
5. Turn off the article 64.
6. Add to article 68, the first paragraph with the sentence as follows: "If the Court imposes a fine, the hearing decision is entered in the minutes of the hearing."
7. Supplement article 82 to the sixth and seventh paragraph as follows: "(6) an individual's case the cassation instance court led by a lawyer or agent. (7) in the case of legal persons, the cassation instance court led the officials who work in the law, the statutes or the rules in the framework of the powers conferred on it by, or are carried by the solicitor. "
8. Replace article 83, the number and the word "article" with 84 figures and the words "article 82 of the sixth and seventh and article 84".
9. Supplement article 149.1 of the third part with a new second sentence as follows: "in the course of preparatory meetings in full record using sound recordings or other technical means."
10. Express 164. the first paragraph by the following: "(1) the waiver or recognition requirements in individual court record prepared certificate, signed by the applicant or the respondent, respectively."
11. Make 170 eighth part of the article the second sentence by the following: "agreement of the parties, fixed in a separate Court in the prepared receipt signed by each of the parties."
12. Replace article 199, first paragraph, the words "to" reading "with the words" reading the introductory part and the operative part ".
13. Make the text of this article 250.27: "(1) judgment of the Court of Justice in cases of small claims this law enters into force, in accordance with the procedure laid down in article 203. (2) judgment of the Court of Justice in cases of small claims cases can be appealed to the members of the appeal procedure. The appellate court decision may not be appealed in cassation and shall enter into force at the time of delivery. "
14.404. the third paragraph of article: turn off paragraph 1, the words "but by the Bill, an act of protest"; Add to part with 1.1 and 1.2 of paragraph 1 by the following: ' 11) after the protest of the paper bill, Bill of Exchange, duplicate and an act of protest in paper form; 12) after protest in electronic bill — electronic bill of Exchange and electronic acts of protest; ".

15. Supplement article 406.1 the second part of paragraph 6 by the following: "6) for payment of a debt obligation if the amount exceeds 15 000 euro." 16. Make 406.3 the second subparagraph by the following: "(2) the application shall indicate: 1) the name of the Court to which application is made; 2) given name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. The applicant specifies the address for communication with the Court, as well as the e-mail address for receiving the notification of the Court, if he agrees with the Court to use the electronic mail; 3) debtor's name, surname, personal code, place of residence and declared in the declaration specified additional address, but, failing that, a residence; legal person, its name, registration number and registered office; 4) applicant's representative, if the application is lodged by the representative, first name, last name, ID number and address for communication with the Court, but the legal entity — its name, registration number and registered office; 5) payment obligations in respect of which the application is submitted, showing the relationship of the supporting documents identifying information and obligations are due, as well as the name of the credit institution and account number to which the payment is to be made, if any; 6 amount requested and its), indicating the main debt, liquidated damages, the tied ones or the statutory interest and court costs; 7) proof that the applicant's claim is independent of the pretizpildījum or the pretizpildījum is done; 8) request the Court to issue a warning to the debtor; 9 decide on payment) obligations of enforcement and the recovery of costs; 10) proof that a court made about the facts and the applicant is informed that the criminal law provides liability for false application. " 17. in article 567: make the third paragraph as follows: "(3) in cases where a party is exempt from judgment for the payment of expenditure, the sworn bailiff from State budget compensation is paid to the Executive related activities to cover." to complement the fourth paragraph after the word "procedures" with the words "as well as the determination of the amount of the refund and the cost of the procedure in cases when a party is exempt from the payment of the costs of enforcement". 18. in article: 572.1 express the first part as follows: "(1) If a party has made a request, and if the application of this Law Article 557 all 1, 2 and 3 above the means of enforcement, the bailiff finds that maintenance of the debtor is not possible or feasible to the extent which is less than the Cabinet a set minimum amount of maintenance, the bailiff shall provide the maintenance guarantee fund administration news about maintenance of the impossibility or partial recovery."; make the third paragraph as follows: "(3) maintenance guarantee fund administration executory order for the unduly paid amount of the recovery of maintenance from the back party do not issue. If the bailiff at the request of the party has provided the maintenance guarantee fund administration news about maintenance of the impossibility or partial recovery, the Executive collection agency issued to the document only after the maintenance guarantee fund administration received proof of claim. " 19. To supplement the article with 594. fifth paragraph by the following: "(5) means the State social security benefit for each debtor's dependent minor children are saved, if the debtor is a dependent minor child when the deduction from the debtor's wages or equivalent payments. Calculation of the resources to be retained by the employer or the legal person in question, taking into account the deduction at the time the debtor's dependants. " 20. off article 983 in the second paragraph, the words "ensuring that, after making the deduction, the amount per month for each payment shall not be less than the State social security benefits".
21. transitional provisions: turn off 58; Add to paragraph 72 of the sentence by the following: "enforcement cases sworn bailiff records imported and not completed until this law 594. the first and second parts of amendment entry into force and which is applied to the enforcement tool: recovery going to be paid by the debtor to pay or offset payments — this law 594. the first and second parts of the debtor identified in the resources to be retained for the period of this law 594. the first and second subparagraph and of the entry into force of the amendment to the time When the sworn bailiff's order specified debt amount recovered is deleted or the appropriate enforcement tool, the calculation of the employer or the legal person in question at the time when the debtor shall withhold from the wages or equivalent payments. "; transitional provisions be supplemented with 73, 74, 75 and 76. point as follows: "73. This law, article 32.1 lapse by 31 December 2016. 74. The amendments to this law, the judgment of the Court of Justice in article 250.27, given in cases of small claims appeals appeal procedure shall enter into force in 2014 on April 1. 75. Amendment of this law in the judgment of the Court of Justice article 250.27, given in cases of small claims appeals appeal procedure applies to judgments, handed down or, if judgments given in the writing process, drawn up after 1 April 2014. 76.406.3 of this law the second paragraph of article 10 the provisions for inclusion in the application of a proof is not applicable to the examination of applications submitted to the Court until July 1, 2014. "
22. Informative reference to European Union directives: 1. turn off the point; Add to the informative reference to paragraph 5 by the following: "(5)) of the European Parliament and of the Council of 16 February 2011-2011/7/EU directive on combating late payment in commercial transactions." The law shall enter into force on the day following its promulgation. The Parliament adopted the law in 2013 on December 19. The President a. Smith in Riga 2014 on January 3.