Rights and Obligations of Litigants

Rights and Obligations of Litigants as provided in Article 70 of the 2015 Civil Procedure Code

Litigants shall have equal rights and obligations when participating in proceedings. When participating in proceedings, litigants shall have the following rights and obligations:

  1. To respect the Court and strictly comply with the courtroom rules.

  2. To pay advances of court fees, court charges, court fees, charges, and other procedural expenses in accordance with law.

  3. To provide full and accurate addresses of their residence or head office; in the course of case settlement, if there is any change of residence or head office address, they must promptly notify other litigants and the Court.

  4. To maintain, amend, supplement, or withdraw their claims in accordance with this Code.

  5. To provide documents and evidence; to prove in order to protect their lawful rights and interests.

  6. To request agencies, organizations, or individuals that are keeping or managing documents and evidence to provide such documents and evidence to them.

  7. To request the Court to verify and collect documents and evidence of the case which they themselves cannot obtain; to request the Court to require other litigants to produce documents and evidence in their possession; to request the Court to issue a decision requiring agencies, organizations, or individuals that are keeping or managing documents and evidence to provide such documents and evidence; to request the Court to summon witnesses, seek expert examination, or decide on valuation of assets.

  8. To know, take notes, and make copies of documents and evidence submitted by other litigants or collected by the Court, except for documents and evidence specified in Clause 2 Article 109 of this Code.

  9. To provide other litigants or their lawful representatives with copies of petitions and documents, evidence, except for documents and evidence already held by such litigants or documents and evidence specified in Clause 2 Article 109 of this Code.

    In cases where, for justifiable reasons, they cannot make copies or send petitions, documents, and evidence, they may request the Court’s assistance.

  10. To request the Court to decide on application, change, or cancellation of provisional emergency measures.

  11. To reach agreements among themselves on settlement of the case; to participate in mediation conducted by the Court.

  12. To receive lawful notifications in order to exercise their rights and obligations.

  13. To defend themselves or to have others defend their lawful rights and interests.

  14. To request replacement of procedure-conducting persons or procedure participants in accordance with this Code.

  15. To attend court hearings and meetings as prescribed by this Code.

  16. To be present upon summons by the Court and to comply with decisions of the Court in the course of case settlement.

  17. To request the Court to include persons with related rights and obligations in the proceedings.

  18. To request the Court to temporarily suspend the settlement of the case as provided by this Code.

  19. To question other persons on matters related to the case or to propose to the Court questions that need to be asked; to confront each other or witnesses.

  20. To debate at court hearings, to put forward arguments on the evaluation of evidence and application of law.

  21. To be issued extracts of judgments, judgments, and decisions of the Court.

  22. To appeal or lodge complaints against judgments and decisions of the Court in accordance with this Code.

  23. To request competent persons to lodge cassation or reopening procedures against judgments and decisions of the Court that have taken legal effect.

  24. To strictly comply with legally effective judgments and decisions of the Court.

  25. To exercise their rights in good faith, without abusing them to obstruct proceedings of the Court or other litigants; in case of failure to perform obligations, they must bear consequences as provided by this Code.

  26. Other rights and obligations as prescribed by law.

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