Effective litigation: current issues in applying procedural legislation

Programme

Action proceedings, hearing a case in the court of first instance

• Pre-trial dispute settlement, mandatory nature of claims and responses to them
• Persons participating in the case and the scope of their procedural rights and obligations
• Prospects of filing a claim. Subject matter and scope of the claims. Assessing the possibility and risks of filing counterclaims
• The statement of defence: content, preparation and submission
• Filing a counterclaim and the conditions for its acceptance by the court, consequences of filing
• Interim measures, recommended actions before filing an application for interim measures, appealing a ruling refusing interim measures
• Consequences of changing the grounds or subject matter of the claim, withdrawing the claim, admitting the claim and a settlement agreement

Evidence and proof in civil proceedings

• The concept of evidence in civil procedure. Legal force of evidence and assessment of evidence in terms of relevance, admissibility and reliability
• Burden of proof, subject matter and elements of judicial proof
• Factual data inadmissible as evidence and facts not requiring proof. Objections to the court's acceptance of evidence
• Examining and assessing individual types of evidence
• Witness testimony, written evidence (including electronic messages / letters), expert and specialist opinions

Trial. Appealing judicial acts, review on newly discovered circumstances

• Trial, stages and procedures, closing arguments
• Appeal, specifics of appealing certain types of judicial acts, content and procedure for filing an appeal, submitting a response to the appeal, restrictions on submitting additional evidence in the court of appeal
• Appealing judicial acts that have entered into legal force (cassation instance); content and procedure for filing a cassation appeal
• Review of judicial acts on newly discovered circumstances, conditions and procedure for review