Section IV. Appointed Representatives and Assistants.
52. (Litigation by appointed representative)
1. A party may conduct all aspects of litigation on his/her own or by means of an
appointed representative appointed by the party.
2. Even where a party has appointed an appointed representative, the party may sit in
the court together with the representative and present oral argument.
3. Acts of litigation performed by an appointed representative shall have the same
effect as if they were performed by the party. However, this shall not apply to an
admission of fact or other statement relating to fact if the party immediately
repudiates or revises the admission or statement.
53. (Qualification of appointed representative)
1. The appointed representative described in Article 52 (Litigation by appointed
representative) shall be an attorney, except in the following situations:
(a) where a third party who is not an attorney is permitted by this Code or
other laws to conduct litigation;
(b) where the state, the executive department or other state organ is a party,
and that organ or the organ's representative designates an employee
thereof to act as representative;
(c) where the court approves a specific third party who is not an attorney to
act as representative in cases where the value of the subject matter of the
action is less than one million riels.
2. The authority of an appointed representative shall be established in writing.
3. The court may at any time revoke the approval granted to a third party pursuant to
subparagraph (c) of Paragraph 1.
54. (Authority of appointed representative)
1. An appointed representative shall have authority to conduct all aspects of litigation
in the case for which the representative is appointed, including the filing of a
complaint, answer, cross-action, intervention/participation in a litigation [pending
between third parties], appeal, settlement, or abandonment or acknowledgment of
claims.
2. The authority to act as [appointed] representative for purposes of litigation shall
include the authority to carry out preservative measures or compulsory execution,
appoint a secondary representative, or receive performance of an obligation.
3. Where an appointed representative is an attorney, the party may not limit the scope
of the representative's authority, except as it pertains to the filing of a cross-action,
discontinuance of a suit, settlement, abandonment or acknowledgement of claims,
secession from the litigation, appeal and the discontinuance thereof, or appointment
of a secondary representative.
4. Where the appointed representative is not an attorney, the party may allow the
representative to represent the party only in regard to specified acts of litigation.
5. The provisions of Paragraphs 1 through 4 shall not apply to a representative who is
permitted by law to conduct acts of litigation in place of the party.
55. (Non-termination of authority of appointed representative)
The authority of an appointed representative shall not be terminated by the death of the
party, the loss of the party's capacity to litigate or the substitution of the legal
representative, etc.
56. (Grounds for termination of authority of appointed representative)
1. The authority of an appointed representative shall terminate on the representative's
death or loss of qualification, or on the completion of the tasks for which the
appointment was made, etc.
2. A party may at any time dismiss an appointed representative, and an appointed
representative may at any time resign.
3. The termination of an appointed representative's authority shall be ineffective
unless the other party is notified of such termination by the party or his/her
representative.
57. (Measures where defect in authority exists)
1. Where there is a suspected defect in the authority of an appointed representative,
the court shall investigate on its own authority the existence of such authority
regardless of the stage of the proceedings.
2. Where a defect exists in the authority of an appointed representative, the court shall
order that the defect be corrected within a specified period of time. In this case, the
court may permit the representative to conduct the litigation pro tempore.
3. Acts of litigation conducted by a person lacking authority to act as appointed
representative shall have retroactive effect if ratified by the party.
58. (Assistant2)
1. A party or appointed representative may, with the permission of the court, appear
before the court with an assistant where necessary in order to clarify any factual or
legal ambiguity in the case.
2. The permission described in Paragraph 1 may be revoked at any time.
3. Statements made by an assistant shall be deemed to be made by the party or the
appointed representative unless they are immediately repudiated or revised by the
party or the appointed representative.
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