Introduction to law

Fee For

Content

I. Introduction

II. Ten step to take before filing lawsuit

III. How to filing lawsuit

IV. Litigation Costs ( Civil Procedure )

A. Filing Fees

B. Court Fees other than tax

C. Party Costs

V. Court Fees ( Criminal Procedure)

VI. Conclusion

VII. References

I. Introduction Terminology

What is Lawsuit?

Lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy Fee for lawsuit

Fee for lawsuit is the among of the spending in the process when we filing lawsuit.

Ten steps before filing lawsuit

1. Evaluate Whether You Have a Good Case

2. Determine the Theories of Law Under Which You Will File Your Case

3. Determine Whether You Have Evidence to Prove Your Case

4. Determine Whether There Are Witnesses to Help Prove Your Case

5. Determine the Expenses You Will Incur, and Be Financially Prepared

CON’T6. Consider Whether You Have the Physical and

Emotional Energy

7. Think About Whether the Defendant Will Sue You Back

8. Carefully Consider Whether You'll Be Able to Collect on a Judgment

9. Check Whether Your Lawsuit Is Timely

10. Attempt to Settle Your Dispute by Less Costly Means

How to filing lawsuit Plaintiff files a complaint and summons with the local

county court. When a matter becomes involved in a lawsuit, the process becomes known as litigation.

The complaint and summons are served on the defendant or a designated registered agent.

After being served, the defendant has a specified time period to file an answers with the Court.

The next stage of the lawsuit process is known as discovery. Discovery allows for each party to request information including answers to questions and documents

CON’TFailing to respond to discovery in a timely or factual

manner can lead to severe legal consequences. However, the opposing counsel will typically file a motion to compel. A motion to compel asks the judge to enforce the discovery requests against the opposing party

A motion for entry default judgment should be filed when the defendant fail to answer the complaint.

Most lawsuits then proceed into mediation where a settlement is hopefully reached between the parties

CON’TIf mediation is not successful, or the case goes directly

to trial, a judge or jury will make a ruling and enter a judgment at the close of all evidence and argument.

After the judge enters a judgment, the losing party will have to pay on the judgment. Many parties fail to pay the judgment. Upon failure to act or pay on the judgment, the winning party may need to enforce the judgment.

II. Litigation Cost (Civil Procedure)

A. Register Tax

When lawsuit occurred, plaintiff need to pay money due to other objectives: If the cost of lawsuit is 10 million Riels, so it

must pay 1.000 R per 100.000 R. More than 10 million until 100 million Riels, it

must pay 700 R per 100.000R. More than 100 million until 1000 million Riels,

it must pay 300 R per 100.000R. Mote than 1000 million Riel, it must pay 100 R

per 100.000R.

Court costs other than filing fees

Amounts determined by the court as set forth below shall be paid as court costs by the parties or by persons interested in the case:

(a) an amount which is necessary for the court to investigate the evidence, deliver documents, or carry out any other procedural act during civil litigation;

(b) an amount equivalent to necessary travel and lodging costs for a judge and a court clerk, where investigation of the evidence, investigation of the facts, or other

action is to be carried out outside the courtroom.

PARTY COSTIn addition to those costs set forth in Articles 61 (Filing fee) and 62 (Court costs other than filing fees), the amount of costs set forth below which the court determines as reasonable by taking into account of the nature of the case, the financial ability of the parties, and other relevant factors, shall be deemed litigation costs:

(a) costs incurred in producing documents such as complaints or other types of motions, preparatory documents for oral argument, etc. and costs incurred in submitting such documents to the court;

(b) travel costs, per diem allowances and lodging costs incurred in connection with the appearance of the party and his/her representative at court; and

(c) other costs approved by the court as necessary for carrying out the litigation.

Apportionment of litigation costs

Litigation costs shall be borne by the losing party. The apportionment of litigation costs between the parties in case of a partial defeat shall be left to the discretion of the court.

Notwithstanding the provisions of Paragraph 1, the court may, in accordance with the circumstances, impose all or part of the litigation costs on a prevailing party

Joint parties shall bear an equal share of the litigation costs.

Lawsuit Registration Tax◦ Cases First instance Appeal court Supreme court

Civil 1,000.00R 1,500.00R 2,000.00R Commercial 1,000.00R 1,500.00R 2,000.00R

Labor dispute 1,000.00R 1,500.00R 2,000.00R

Administrative 1,000.00R 1,500.00R 2,000.00R

These are up on to Article 7 of Law on Court’s Fee.

Court Fee ( Criminal Procedure) Article 553: Court Fees The court fees shall be the responsibility of the State. The list of court fees, rates tables of the court fees and the

general modalities shall be determined by Prakas. Article 554: Proceeding Taxes Each convicted person is required to pay a lump sum of

proceeding taxes to the State. The amount of the proceeding taxes may vary depending on the type of case.

The amount of the proceeding taxes shall be determined by Prakas.

V. Conclusion

There are many step we need to know before we want to filing lawsuit. We need to know whether we had enough equipment to deal with it or not. Fee for law suit is very important in term of limit how to pay in any cases in the court. Therefore, Both party must pay their cost to the court.

VI. References

Civil Procedure, Art. 61 and 62

Criminal Procedure, Art. 553 and 554

www.thefreedictionary.com/lawsuit

www.northwestregisteredagent.com/lawsuit.html

www.allbusiness.com/10-steps-before-file-lawsuit/

16691363-1.html

Questions and Answers