Civil Trial Stages: Procedure & Litigation Process

Ordinary Trial: Discussion Phase

• Initiation (judicial order)
• Notice (personal or by public edict)
• 15-day term for Plaintiff's Reply (dilatory exceptions)
• 6 days for Rejoinder
• 6 days for Surrejoinder
• Conciliation

Conciliation Phase

• Evidentiary Stage begins
• Evidence received
• Judicial Order for Evidence [20 days]
• 5 days for witness list submission
• Day 20: Conclusion of Evidentiary Stage
• 10 days for observations on evidence
• Parties summoned to hear the case
• [60 days] Case Deliberation

Judgment

• Notification by writ
• 10 days for appeal

Regular Trial for Major Claims

• Initiation: Preliminary measures requested (Article 254 CPC)
• Initial review for admissibility (claim may not be immediately processed)
• Resolution admitting the claim for processing ('transfer' order)
• Applicant may withdraw the application
• Claim Transfer: Notification (in person or via official gazette)
  • 15-day term: If notified in the court's municipality
  • 18-day term: If notified within the jurisdictional territory but outside the district court's boundaries
  • 18-day term + additional days: If notified outside the jurisdictional territory
• Applicant's options: Amend or withdraw (re-submission restarts the notice period)
• Defendant's options: Oppose withdrawal, raise dilatory exceptions, present mixed defenses

Pleadings Sequence

• Notification
• Answer to the Claim
• Counterclaim (by defendant)
• 6 days: Plaintiff's Rejoinder (Reply to Defendant's Answer)
• 6 days: Defendant's Surrejoinder
• 6 days: Defendant's Rejoinder to Counterclaim
• 6 days: Plaintiff's Surrejoinder to Counterclaim

Conciliation Hearing

• Parties notified by written writ
• Hearing scheduled no earlier than 5th or 15th day after notification

Successful Conciliation

• If successful, court record is equivalent to a judgment
• Case becomes enforceable

Failed Conciliation

• If conciliation fails, the secretary's certificate is added to the case file, and the judge examines the file
• File examination:
  • Substantial, relevant, and controversial facts identified: Application of Article 313 CPC (non-evidentiary)
  • No material, relevant, or controversial facts identified: Parties summoned to hear the case; appeal possible

Evidentiary Phase Initiation

• Resolution admitting the evidentiary phase (Interlocutory Order)
• Notification by writ
• 5-day term for submission of witness list and points of proof
• Notification by writ for evidentiary terms:
  • Regular: 20 days
  • Extraordinary: 20 days + additional days
  • Special: Specific term
• Final interlocutory judicial ruling on evidence
• Notification via official gazette
• 10 days for observations on evidence
• Summons to hear judgment
• Motion for Reconsideration (3rd day for factual error)
• Appeal if evidence not received
• Measures to facilitate adjudication
• Compliance deadline (20 days)
• Appeal only if expert report is ordered

Final Judgment

• Summons to hear judgment [60 days]
• Final judgment (Article 170 CPC)

Trial on the Merits

Trial Initiation

• Initiation: Preliminary measures, Claim submission
• "Parties summoned for defense and conciliation within 5 days" (if defendant is in the court's jurisdiction)
• Appearance of parties: Pleading, Defense and settlement hearing

Possible Scenarios at Hearing

1. Both parties appear
2. Defendant defaults (rebellion)
3. Neither party appears

Scenario 1: Both Parties Appear

• Plaintiff confirms the claim, defendant presents defense and exceptions
• Evidentiary proceedings initiated
• Settlement attempt
• Judge examines facts and the file
• Evidentiary phase begins (notified by writ)
• Evidentiary period concludes (8 days)
• Summons to hear judgment, notice (10 days)
• Final judgment: Pronounced on the merits, decides on incidental matters (if incompatible, only on incidents)
• The judge examines the case file (quotes or above)

Scenario 2: Defendant Defaults

• The conciliation and response hearing is vacated
• The judge examines the facts
• Plaintiff requests provisional enforcement of the claim (due to defendant's default or lack of plausible defense)
• Appeals against this provisional enforcement have suspensive effect only and need not be reasoned
• Defendant's opposition: (Provisional unenforceability of the plaintiff's claim, must be reasoned)
• Defendant's opposition leads to: Summons for a rehearing to discuss only the provisional enforcement of the plaintiff's claim
• The judge examines the file
• Summons to hear judgment

General Provisions

• Resolutions in general should be issued no later than the 2nd day