1. Royal University of Law and Economic
Topic: Cambodian Civil Procedure
Major: International Civil Law Procedure
Professor: Mateusz Prorok
Presenters: Sambo Utdom, Eang Sreypich,
Suy Soley, Ham Sokreth

2. Content Introduction Litigation procedure
Trial procedure to the Higher Court
Special provision’s relation to the litigation
Conclusion

3. 1. Introduction

4. 2. Litigation Proceeding
There are three important procedures:
Procedure of the court of the first instance
Procedure for small claim action
Demand procedure

5. 2.1 Procedures of the Courts of First instance
Procedures of the courts of the instance are common procedure conducted by the court of First instance, namely the Phnom Penh capital court and other provincial courts of Kingdom of Cambodia.

6. 2.2 Procedures for small claim Action
Procedures for small claim action are special procedures to promptly settle dispute via easy procedures with small amount of money. It is also called the summary procedure of the First trail.

7. Condition
To conduct litigation through procedure for small claim actions, the following condition shall ne satisfied.
1. The subject matter of the action is a demand for payment of money in amount no greater than 1 million Riel ( Related to the action).
2. An application for a trail and decision based on small claim procedures shall be made, when the complaint is filed (Code of Civil procedure, Art 224)

8. 2.3 Demand Procedure
Demand Procedure is the procedure, which allows the obligee to quickly and easily receive execution title necessary to advance the compulsory execution for claiming for payment of money as recognized as the procedure replacing the action.

9. 3. Trial Procedures at the Higher Courts
The trial procedure at the Higher Court is the procedure for the trail and ruling on appeal of the parties to the higher court to dismiss or change the decisions ( a judgment issued by a Court of the First Instance, a judgment issued by higher court or their rulings) rendered by the lower courts before the decision becomes final and binding.
There are three important types:
Uttor appeal
Satuk appeal
Chomtoah appeal

10. 3.1 Uttor Appeal
Uttor appeal is the appellate court against a judgment of Court of the First Instance that not yet become final.
Defendant
Plaintiff

11. 3.2 Satuk Appeal
Satuk Appeal may be made by Supreme Court against a final judgment issued of the Uttor appellate court.
A Satuk appeal must be filed within one month from the date that service of the written judgment or the original judgment as similarly provide the period for filing an Uttor appeal.

12. 3.3 Chomtoah Appeal
Chomtoah Appeal is a independent and summary process of filing an appeal to the higher courts against a court ruling.
A motion and trial of Chomtoah appeal must conform to provision in Uttor appeal and Uttor appeal proceeding.

13. 4. Special provision’s relation to the litigation
4.1 Proceeding for retrial
Retrial is method of special objection against a final and to request the court to cancel judgment.

14. 4.2 Motion for retrial
Motion for retrial is made against the binding judgment of the court for the first instance court. Can only made of judgment become final and binding that provides articles 307 and 308 and a claim shall be provide in first sentence of paragraph 1 and 3 of article 311.

15. 4.3 Adjudication and decision on a motion for retrial
Adjudication and decision on a motion for retrial is a type of proceeding therefore, provisions on litigation proceedings shall be applied to the trial of motion level of court.
There retrial is conducted judgment such as:
First trial
Second trial
Third trial

16. 4.3 Adjudication and decision on a motion for retrial (Con’t)
First trial: the provision on the first trail proceeding shall be applied
Second trial: is judgment of the related to the Uttor appellate proceeding shall also be implemented
Third trial: is judgment of the Satuk appellate court, implemented.

17. 5. Conclusion