31/03/2023
Fifth ENEMLOS training: Second instance procedure in civil proceedings
On March 30, 2023, the Bar Chamber of Montenegro, as part of the ENEMLOS project, held the fifth training session for the participants of the ENEMLOS legal clinic, on the subject of second-instance proceedings in civil proceedings, as well as the importance of an appeal as a regular legal remedy.
The training was held in the premises of the Faculty of Law, University of Montenegro in Podgorica. The training was carried out by Mrs. Aleksandra Aničić, an attorney from Budva, and Mr. Dino Murić, an attorney from Podgorica.
At the very beginning, the attorneys, together with the participants of the legal clinic, renewed the topic of the first-instance procedure in civil proceedings, which was the topic of the previous ENEMLOS training, in order to correctly determine the course of the procedure as well as what follows after submitting an appeal against a court decision, that is, the second-instance procedure.
In the framework of the training, the most important topics related to the appeal procedure in litigation are covered, namely:
The importance of deadlines in civil proceedings with regard to the specific deadline for filing an appeal
The topic of preclusion is covered when it comes to the deadline for filing an appeal, in general, and with regard to special litigation proceedings in which the deadline for filing an appeal can be shorter; the subject of submitting the court decision, the content of the judgment was also addressed, and it was pointed out that the decision on costs in the judgment has the character of a rescript;
How to file a complaint?
As part of the training, the subject of filing an appeal against the first-instance decision of the court, and its initial submission to the first-instance court, and indicating in the appeal that it is submitted to the first-instance court for the second-instance court, were specially addressed; stories from law practice are also included;
Determination of whether the judgment is contested in whole or in part
With regard to this topic, the emphasis is placed on judgments that contain in the enacting terms several decisions regarding the main issues raised by the petition of the claim, and in the correct statement in which part of the judgment is refuted (specifically the paragraph of the sentence of the judgment), or in the entire refutation;
What are the reasons for filing an appeal?
The reasons for filing an appeal as defined by the Civil Procedure Act have been addressed; the importance of citing all or one of the reasons, and the dilemma of whether to include all the reasons in the appeal or to concentrate specifically on some of the listed ones;
Discussion over each reason for filing an appeal individually
It is explained what constitutes a significant violation of the provisions of the civil procedure in theory and practice, wrongly or incompletely established factual situation and wrong application of substantive law; with concrete examples from practice, the attorneys managed to approximate in what way each of the reasons has an individual role and in what way; stories from law practice;
Proceedings and authorization of the first instance court in the appeal procedure
As part of this training block, it was determined how the first-instance court acts upon receiving an appeal, and what powers it possesses in terms of decision-making at that stage of the procedure; stories from law practice;
Proceedings of the second-instance court in the appeal procedure
The complete procedure conducted before the second-instance court is covered, with special reference to the reporting judge, the panel, the method of decision-making as well as the powers of the second-instance court; stories from law practice;
Decisions of the second instance court
What powers does the second-instance court have in terms of making decisions, the types of decisions recognized by the Civil Procedure Act.
