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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.; in 2014, 2, 41, 63., 108, 194.228. no; 2015, 42, 91, 118, 227, 251. no; 2016, 31, 123 no) the amendments are as follows: 1. Article 56: turn off the first part; make the second paragraph as follows: "(2) the documents of the Court (judgments, decisions, notifications, summonses, etc.), as well as documents (in particular the costs of the application procedure, appeal, Cassation, written explanation of the transcripts, etc.), which shall be drawn up and submitted to the Court by the parties, but which are below the Court issued, send a simple mail, electronic mail or delivered to the Messenger." Add to article 2.1, 2.2 and 2.3 of the part as follows: "(21) a lawyer, a notary, bailiff, State and local authorities to send the summons by electronic mail. (22) the Court for its lawyer prepare documents, as well as other electronically prepared documents communicated to the online system. (23) a notary, bailiff, State and local authorities about the documents prepared by the Court, as well as other electronically prepared documents communicated in electronic mail, unless this person is referred to the Court for his declared membership registration online system. "; replace the words "in part 6.1 the first" with the word "second"; Add to article 6.2 part as follows: "(62) If a participant told the Court that he agrees to the electronic communication with the Court, as well as on your membership registration, online system, court documents communicated to the online system. If the Court finds technical barriers for the notification of judicial documents online system, it delivers in this other article referred to in the second paragraph, but the subpoena sent to the parties to the electronic mail address. "; make a tenth as follows: "(10) in some court documents, the law may provide for sending them by registered mail or other delivery or service." 2. in article 56.1: to supplement the first part of paragraph 5 with the following: "5) on the third day after sending by giving online system."; to complement the second subparagraph following the words "electronic mail" by the words "or announcing the online system". 3. Supplement article 81 with the following sentence: "the decision is sent by registered mail." 4. Replace the first subparagraph of article 87, the word "writing" with the words "without delay" in writing. 5. the second paragraph of article 128: Express 1.1 paragraph by the following: ' 11), the applicant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. If the applicant agrees with the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. In addition, the applicant can also specify a different address for communication with the Court; " Express 1.3 point as follows: "13) applicant representative (where the road agent) name, surname, personal code and address communications to the Court; legal person, its name, registration number and registered office. If the plaintiff's representative agrees to the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. If the plaintiff's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; " make paragraph 9 by the following: "9) dial application and other information, if necessary for the proceedings. The applicant may indicate your phone number if he agrees with the Court to use the phone. " 6. the first subparagraph of article 137: Express 1.1 as follows: ' 11), the applicant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. If the applicant agrees with the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. In addition, the applicant can also specify a different address for communication with the Court; " Express 1.3 point as follows: "13) applicant representative (where the road agent) name, surname, personal code and address communications to the Court; legal person, its name, registration number and registered office. If the plaintiff's representative agrees to the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. If the plaintiff's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 7. Make 142. fifth paragraph of article as follows: "(5) attaching payments due from the defendant to third parties in accordance with the Treaty (except for funds in credit institutions or other payment service providers), the bailiff on the basis of the performance document, send a request to notify such persons, if they have the obligation to pay any amount the defendant to the extent and within the time limit, and shall notify that this amount is the amount seized in the requirements pursuant to this law, paragraph 3, of annex 1 in the limit with respect to the debtor and gives orders to set off payments (including demand deposits), which timed period, the bailiff's deposit account. Funds in credit institutions or other payment service providers, the bailiff seize this law in accordance with the procedure laid down in article 599.1. Apķīlāto payments can be paid to other persons only according to its calculations, the bailiff who first laying the charges. " 8. the second paragraph of article 148: express the following paragraph 5: "5) other circumstances, which he considers to be of major examination of the case, and you can specify your own phone number if he agrees with the Court using the phone; " Add to part with point 5.1 by the following: 51) "electronic mail address for communication with the Court and, if he has registered your membership online system also includes an indication of the registration if the defendant (or his representative) agree to electronic communication with the Court, or have any of this law, article 56 of the subjects referred to in 2.3. If the defendant's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 9. Express 208.5 the second paragraph of article 2 of the following paragraph: "2) respondent's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. If the defendant agrees to the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. In addition, the defendant can also specify a different address for communication with the Court; ". 10. Add to article 236 of the second paragraph after the words "at the invitation of the Court" with the words "if it is sent by registered mail. 11. Adding to the second paragraph of article 250.23 by 1.3 point as follows: "13) electronic mail address for communication with the Court and, if he has registered your membership online system, also the indication of the registration if the defendant (or his representative) agree to electronic communication with the Court, or have any of this law, article 56 of the subjects referred to in 2.3. If the defendant's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 12. in the second subparagraph of article 250.46: express the following paragraph 2: "2) the applicant's name, surname, personal code, place of residence declared, the Declaration further address and place of residence. If the applicant agrees with the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. In addition, the applicant can also specify a different address for communication with the Court; " make paragraph 4 by the following: "4), the applicant's representative (if the application is lodged by the representative) name, surname, personal code and address communications to the Court; legal person, its name, registration number and registered office. If the plaintiff's representative agrees to the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. If the plaintiff's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 13. the first subparagraph of article 254: Express 1.1 point as follows: "11) 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. If the applicant agrees with the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. The applicant, in addition you can also specify a different address for communication with the Court; " Add to part with a 1.3 point as follows: "13) representative or applicant who is entitled to file the application, electronic mail address and, if it is registered to an online system of communication with the Court, including the indication of the registration if the applicant's representative or the person who has the right to submit an application, agree to electronic communication with the Court. If the applicant's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 14. Express 300. the first paragraph of article 6 (1) of the following: "1) 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. If the applicant agrees with the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. The applicant, in addition you can also specify a different address for communication with the Court; ". 15. in the second subparagraph of article 406.3: express the following paragraph 2: "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. If the applicant agrees with the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration "; make paragraph 4 by the following: ' 4) representative of the applicant (if the application is lodged by the representative) name, surname, personal code and address communications to the Court; legal person, its name, registration number and registered office. If the applicant's representative agrees to the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. If the applicant's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 16. the first subparagraph of article 416: express the following paragraph 2: "2) the complainant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person, its name, registration number and registered office. If the complainant agrees to the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. The complainant, in addition you can also specify a different address for communication with the Court; " Add to part with 2.1 as follows: "21) electronic mail address of the representative and, if it is registered with the online system of communication with the Court, including the indication of the registration, if the complaint is lodged by the representative, and he agrees to the electronic communication with the Court. If the representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 17.453. in the first subparagraph of paragraph 2: express the following: "2) the complainant's name, surname, personal code, place of residence declared, but, if not, the place of residence; legal person: its name, registration number and registered office. If the complainant agrees to the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration. The complainant, in addition you can also specify a different address for communication with the Court; " Add to part with 2.1 as follows: "21) sworn advocate's electronic mail address, if the complainant represents sworn lawyer;". 18. Supplement article 555 of the seventh part of paragraph 2, after the word "the" with the words "credit institution or to another payment service providers". 19. Supplement article 557 after the word "credit" with the words "or other payment service providers". 20. Supplement article 572 of the first and second subparagraph after the word "credit" with the words "or other payment service providers". 21. off 599. the third paragraph of article. 22. To supplement the law with article 599.1 as follows: "599.1 article. Focusing on the recovery of funds in credit institutions or other payment service providers (1) directing the recovery on the debtor's funds in the credit institution or to another payment service provider, the bailiff shall prepare and send to the credit institution or to another payment service provider for the order for the seizure of funds specified in the order. Order in accordance with the account information on the debtor's registry opened accounts sent to the relevant credit institution or payment service provider. (2) the first paragraph of this article in the order in relation to the bailiff of the debtor — physical person — one from credit institutions or providers of payment services indicates this law paragraph 3 of annex 1 in the limit. (3) within three working days after receipt thereof, the credit institution or other provider of payment services through the State regional development agency in the national information system savietotāj, sent to the originator of the Executive Affairs a notice in the register of the amounts seized. (4) a credit institution or to another payment service provider is not entitled to the recovery of apķīlāto funds paid to another person or allow the debtor to act with them. (5) four working days after payment of the credit institution or other provider's receipt of the notification to the bailiff assesses the information given in the notice and send a credit institution or to another payment service provider, order: 1) transfer of money into the bailiff's deposit account to the extent specified in the order until the amounts recovered and the costs of enforcement for deletion; 2) transfer of money into the bailiff's deposit account in the amount specified in the order, saving the debtor — natural persons — funds of this law 1. paragraph 3 of the annex, up to the limit laid down in the amounts recovered and the costs of enforcement for deletion; 3) or the amount of money or the updating of order cancellation. (6) a debtor-natural person, has the right to inform the bailiff on the account which it retained as an attached funds this law paragraph 3 of annex 1 to the extent laid down in. (7) in the fifth subparagraph of this article, paragraph 3 of the said order for the bailiff's order in the above clarification can be made and a credit institution or to another payment service provider to send the Executive Affairs registry system, subject to the execution in case the remaining amounts recovered and the costs of enforcement. (8) if the debtor has only one account or the same records bailiffs in enforcement in the case is already running order for the seizure of funds, the bailiff may give immediately a credit institution or to another payment service provider in the fifth subparagraph of this article, the order said. (9) the bailiff to deposit account from credit institutions or other payment service providers received cash total not exceeding the amount of the debt and judgment to cover the required margin. If the total amount of money received exceeds the amount of the debt and recovered judgment to cover the required amount, the bailiff shall promptly, but not later than seven days from the date when they are counted in the bailiff's deposit account, repayment of the debtor pārmaksāto funds. If the objective circumstances this deadline cannot be met, a court bailiff by objective circumstances or termination immediately repaid the money to the debtor the amount exceeded. (10) the court bailiff orders laid down in this article is a credit institution or to another payment service provider sends and credit or other payment service provider receives the notice electronically through the State regional development agency in the national information system savietotāj. (11) receive more orders for the seizure of funds of the debtor or the eighth part of this article the orders referred to in the credit institution, or other payment service provider to execute them in the order in which they are placed in the State regional development agency in the State in the information system savietotāj. " 23.638. in the second subparagraph of article: Express 1.1 paragraph by the following: ' 11) the applicant's name, surname, personal code (if not applicable, other identification data) and address communications to the Court; legal person, its name, registration number and registered office. If the applicant agrees with the electronic communication with the Court, or is this law, article 56 of the subjects referred to in section 2.3, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration "; make paragraph 5 by the following: "5) authorised representative and his address, if waging designated representative in Latvia. If the applicant's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 24. in the first subparagraph of article 644.4: Express 1.1 paragraph by the following: ' 11) the applicant's name, surname, personal code (if not applicable, other identification data) and address communications to the Court; legal person, its name, registration number and registered office. If the applicant agrees with the electronic communication with the Court, or is this law article 56 paragraph 2.3 above the entity also specifies the electronic mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration "; make paragraph 5 by the following: "5) authorised representative and his address, if waging designated representative in Latvia. If the applicant's representative is a sworn advocate, in addition to sworn lawyer indicated e-mail address; ". 25. in article: 644.7 make part three of paragraph 2 as follows: "2) given name, surname, personal code (if not applicable, other identification data), the declared place of residence and the Declaration of the additional address, but if you do not have one, as well as residence-address for communication with the Court in Latvia to get court documents. If the applicant agrees with the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration "; Supplement fifth with the sentence as follows: "the representative if the applicant has sworn advocate, in addition the application specifies the sworn advocate's electronic mail address." 26. in article 644.15: make the third paragraph (2) of the following: "2) given name, surname, personal code (if not applicable, other identification data), the declared place of residence and the Declaration of the additional address, but if not, place of residence or the news on his whereabouts, as well as address in Latvia in communication with the Court to obtain the court documents. If the applicant agrees with the electronic communication with the Court, also indicate the e-mail address and, if it is registered with the online system of communication with the Court, also include an indication of the registration "; Supplement fifth with the sentence as follows: "the representative if the applicant has sworn advocate, in addition the application specifies the sworn advocate's electronic mail address." 27. the transitional provisions be supplemented with 117, 118, 119.120. point as follows: "117. Until 30 June 2017 to go the bailiff's orders for a credit institution or to another payment service provider for the seizure of funds deposited and transfer into the bailiff's deposit account in the application of the provisions of this law that was in force until 30 June 2017. 118. From 1 July 2019 of this law the orders referred to in article 599.1 gives, and inform the Executive, through the State regional development agency in the national information system savietotāj. 119. By 2019. June 30 this Act orders referred to in article 599.1 receives and executes using the State regional development agency in the national information system savietotāj, the credit and other payment service providers, which have informed the Court Administration on electronic data exchange. To information on the electronic exchange of data the bailiff's orders for the seizure of funds deposited with credit institutions and transfer into the bailiff's deposit account in the application of the provisions of this law that was in force until 30 June 2017. 120. The amendments to this law, in the fifth paragraph of article 142, seventh subparagraph of article 555, 557, article 572 of the article the first and second subparagraphs, the third subparagraph of article 599 of the Act, as well as augmented by 599.1 article shall enter into force on 1 July 2017. " The law shall enter into force on January 1, 2017. The Parliament adopted the law in 2016, 23 November. The President r. vējonis Riga 2016 December 10