Chapter Four CHOMTOAH APPEAL aa126

Chapter Four CHOMTOAH APPEAL
301. (Method for making Chomtoah appeal)
1. A Chomtoah appeal shall be brought by filing a written Chomtoah appeal with the original court. In such a case, the original court shall promptly send the written Chomtoah appeal and the record of the case to the Chomtoah appellate court.

2. Where a written Chomtoah appeal does not contain specific grounds for the reversal or amendment of the original ruling, the Chomtoah appellant shall, within two weeks of the filing of the Chomtoah appeal, submit a written document stating such grounds to the Chomtoah appellate court.

302. (Appeal of ruling by assigned panel member judge or assigned non-member judge)
1. A party who objects to a ruling issued by an assigned panel member judge or an assigned non-member judge may raise such objection before the court in which the suit is pending if it would be possible to make a Chomtoah appeal against the ruling if such ruling were a ruling of the court in which the suit is pending. However, where the court in which the suit is pending is the Supreme Court or an Uttor appellate Court, the objection may be raised before such court only if a Chomtoah appeal could be made if the ruling were issued by a court of first instance.

2. A Chomtoah appeal may be made against a ruling on the objection described in Paragraph 1.

303. (Period for Chomtoah appeal)
1. A Chomtoah appeal must be filed within one week from the date of receipt of notice of the ruling.

2. The period prescribed in Paragraph 1 may not be extended.

304. (Mutatis mutandis application of provisions pertaining to Uttor appeal or Satuk appeal)
1. The provisions of law pertaining to Uttor appeals shall apply mutatis mutandis to Chomtoah appeals against rulings of courts of first instance and to the procedures followed in Chomtoah appellate courts, except to the extent that such provisions are inconsistent with nature of such appeals or procedures.

2. The provisions of law pertaining to Satuk appeals and the procedures followed in Satuk appellate courts shall apply mutatis mutandis to Chomtoah appeals from rulings of the Uttor appellate court acting as the court of first instance and to the procedures followed in connection therewith, except to the extent that such provisions are inconsistent with such appeals or procedures.

305. (Stay of effect of original ruling)
1. A Chomtoah appeal shall have the effect of staying the effect of the original ruling.

2. The Chomtoah appellate court, or the court that issued the original ruling, may stay the execution of the ruling or order any other necessary disposition until a ruling is made on the Chomtoah appeal.

306. (Optional nature of oral argument; examinations in lieu of oral argument)
1. A Chomtoah decision may be made without oral argument. 2. Where no oral argument is to be conducted, the Chomtoah appellate court may examine of the Chomtoah appellant or any other interested person.

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Chapter Three SATUK APPEAL
283. (Satuk appellate court)
1. A Satuk appeal may be made to the Supreme Court against a final judgment of the Uttor appellate court. A Satuk appeal may also be made against a final judgment of the Uttor appellate court acting pursuant to the provisions of special law as a court of first instance.

2. With regard to a final judgment of a court of first instance, where after the entry of the judgment both parties agree that the right to make a Satuk appeal will be reserved and that no Uttor appeal shall be filed, a Satuk appeal may be made directly to the Supreme Court.

284. (General ground for Satuk appeal)
A Satuk appeal may be made on the ground of a violation of the Constitution, laws or ordinances that has an effect on the judgment.

285. (Absolute grounds for Satuk appeal)
1. A Satuk appeal may always be made on the following grounds:
(a) the adjudicating court was not composed according to law;
(b) a judge who was legally prohibited from taking part in the judgment took part in the judgment;
(c) provisions of law pertaining to exclusive jurisdiction were violated;
(d) some defect existed with regard to the authority of the legal representative or appointed representative, or with regard to the authority granted to any representative to enable the representative to conduct a particular act of litigation;

(e) provisions regarding public access to oral argument were violated; or
(f) the judgment issued did not provide the grounds therefor, or the grounds provided are inconsistent.

2. The ground provided in subparagraph (d) of Paragraph 1 shall not apply if subsequent ratification occurs in accordance with the provisions of Paragraph 2 of Article 35 (Measures in case of defect in capacity to litigate) or Paragraph 3 of Article 57 (Measures where defect in authority exists).

286. (Mutatis mutandis application of provisions regarding Uttor appeal)
Except as otherwise provided by law, the provisions of the preceding Chapter shall apply mutatis mutandis to Satuk appeals and the proceedings at Satuk appellate review.

287. (Method of filing Satuk appeal)
A Satuk appeal shall be brought by submitting a written Satuk appeal to the original court. In this case, the original court shall promptly send the written Satuk appeal and the record of the case to the Satuk appellate court.

288. (Service, etc. of notification of receipt of Satuk appeal)
1. Where a Satuk appeal is filed, the Satuk appellate court shall serve a notification of receipt of Satuk appeal on the parties, except where a ruling dismissing [without prejudice] the Satuk appeal is issued.

2. The Satuk appellate court shall serve the written Satuk appeal on the appellee at the same time as the service of the notification of receipt of Satuk appeal pursuant to Paragraph 1.

289. (Statement of grounds for Satuk appeal)
1. Where the written Satuk appeal does not state the ground for the appeal, the appellant shall submit a written statement of grounds for Satuk appeal within 30 days of the receipt of service of notification of receipt of Satuk appeal.

2. In cases where a Satuk appeal is made on a ground set forth in Article 284 (General ground for Satuk appeal), the appellant shall state the ground for Satuk appeal indicating the provision of the Constitution, law or ordinance claimed to be violated and the facts that give rise to the violation. In this case, if the facts in question involve litigation procedure, such facts shall be described in the statement of grounds.

3. Where the Satuk appeal is made on any of the grounds stated in Article 285 (Absolute grounds for Satuk appeal), the appellant shall state the grounds of Satuk appeal by indicating the provision and relevant facts which full fill the requirement.

290. (Dismissal of Satuk appeal)
In either of the cases below, the Satuk appellate court shall, via ruling, dismiss [without prejudice] the Satuk appeal:

(a) where the Satuk appeal is in contravention of law and such defect cannot be cured; or
(b) where a statement of grounds for Satuk appeal is not submitted in violation in the provisions of Paragraph 1 of Article 289 (Statement of grounds for Satuk appeal), or the statement of grounds for Satuk appeal violates the provisions of Paragraphs 2 and 3 of Article 289 (Statement of grounds for Satuk appeal).

291. (Order to cure)
1. Where the entire statement of grounds contained in a written Satuk appeal or in a statement of grounds for Satuk appeal submitted within the period of time set forth in Paragraph 1 of Article 289 (Statement of grounds for Satuk appeal) violates the provisions of Paragraphs 2 and 3 of Article 289 (Statement of grounds for Satuk appeal),the Satuk appellate court shall, via ruling, order that such defect be cured within an appropriate period of time established by the court.

2. A ruling of dismissal pursuant to subparagraph (b) of Article 290 (Dismissal of Satuk appeal) shall be issued where the appellant fails to effect such cure within the time period established in accordance with Paragraph 1 of this Article.

292. (Service of copy of statement of grounds for Satuk appeal)
Where the Satuk appellate court does not issue a ruling dismissing [without prejudice] a Satuk appeal pursuant to the provisions of Article 290 (Dismissal of Satuk appeal), a copy of the statement of grounds for Satuk appeal shall be served on the appellee. However, this shall not apply where the Satuk appellate court conducts trial and renders judgment without oral argument and such service is deemed unnecessary.

293. (Order to submit a preparatory document)
The Satuk appellate court may order the appellee to submit the initial preparatory document to the Satuk appeal within an appropriate period of time established by the court.

294. (Dismissal of Satuk appeal without oral argument)
Where the Satuk appellate court determines from the written Satuk appeal, the statement of grounds for Satuk appeal, the initial preparatory document submitted by the appellee and any other document, that grounds for the granting of a Satuk appeal do not exist, it may dismiss [with prejudice] the Satuk appeal via judgment without oral argument.

295. (Scope of review)
The Satuk appellate court shall review a Satuk appeal only within the scope of the appeal, based on the stated grounds for the Satuk appeal.

296. (Binding effect of findings of fact in original judgment)
1. Findings of fact lawfully adopted in the original judgment shall be binding on the Satuk appellate court.

2. Where a Satuk appeal is filed pursuant to Paragraph 2 of Article 283 (Satuk appellate court), the Satuk appellate court may not reverse the original judgment on the ground that the findings of fact in such judgment were adopted in violation of the Constitution, laws or ordinances.

297. (Exception relating to matters to be examined on court's own authority)
The provisions of Articles 295 (Scope of review) and 296 (Binding effect of findings of fact in original judgment)shall not apply to matters to be examined on the court's own authority.

298. (Declaration of provisional execution)
The Satuk appellate court may, upon motion and via ruling, make a declaration of provisional execution regarding any part of the original judgment as to which no appeal has been made.

299. (Reversal and remand, etc.)
1. Where the grounds set forth in Articles 284 (General ground for Satuk appeal) and 285 (Absolute grounds for Satuk appeal) exist, the Satuk appellate court shall reverse the original judgment and, except in cases described in Article 300 (Reversal and de novo adjudication), remand the case to the original court or transfer it to an equivalent court.

2. A court that receives a case via remand or transfer pursuant to Paragraph 1 shall adjudicate the case based on a new oral argument. In this case, factual and legal determinations on which the Satuk appellate court based its reversal shall be binding on the court to which the case is remanded or transferred.

3. Any judge that participated in the original judgment may not participate in the decision described in Paragraph 2.

300. (Reversal and de novo adjudication)
The Satuk appellate court shall adjudicate the case de novo in the following cases:
(a) where the original judgment is reversed on the ground that the Constitution, law or ordinance was incorrectly applied to the facts found in the original trial, and the Satuk appellate court can adjudicate the case based on such facts; or

(b) where the original judgment is reversed on the ground that the case does not fall within the authority of the court.

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Chapter V, BOOK II and of Chapter VII, BOOK II.
274. (Effect of acts of litigation conducted at the court of first instance)
1. Acts of litigation conducted at the court of first instance shall be given effect at the Uttor appellate review.

2. Preparatory proceedings for oral argument conducted at the court of first instance shall be given effect at the Uttor appellate review.

275. (Restraint on assertion of lack of jurisdiction at the court of first instance)
The parties may not assert during an Uttor appellate review that the court of first instance lacked jurisdiction. However, this shall not apply to cases involving exclusive jurisdiction.

276. (Institution of cross-action)
1. A cross-action may be filed in an Uttor appeal action only with the consent of the other party.

2. Where the other party defends a cross-action on the merits without raising an objection, such defense will be deemed consent to the cross-action.

277. (Dismissal of Uttor appeal)
1. The Uttor appellate court shall dismiss [with prejudice] the Uttor appeal on determining that the judgment made by the court of first instance was appropriate.

2. Even where the judgment of the court of first instance is found inappropriate for the reason given, an Uttor appeal shall be dismissed [with prejudice] if the judgment is appropriate for another reason.

278. (Scope of amendment of judgment of the court of first instance)
The judgment of the court of first instance may be amended only to the extent sought by the Uttor appeal or the incidental Uttor appeal.

279. (Reversal of judgment of court of first instance)
1. The Uttor appellate court shall reverse the judgment of the court of first instance in the following cases:
(a) where the judgment was inappropriate; or
(b) where a serious procedural error occurred in the trial of first instance.
2. In the cases described in Paragraph 1, the Uttor appellate court shall adjudicate the action, except where the provisions of Articles 280 (Remand of case) and 281 (Transfer due to error involving exclusive jurisdiction in court of first instance) apply.

280. (Remand of case)
1. The Uttor appellate court shall, in cases where it reverses a judgment of the court of first instance which dismissed [without prejudice] the action as not in conformance with law, remand the case to the court of first instance. However, this shall not apply to cases in which no further argument is required.

2. In addition to the cases described in Paragraph 1, the Uttor appellate court may, where it reverses a judgment of the court of first instance, remand the case to the court of first instance if further argument is required.

3. Where a case is remanded due to a procedural error in the court of first instance, all proceedings previously carried out in such court in regard to that case shall be deemed reversed.

281. (Transfer due to error involving exclusive jurisdiction in court of first instance)
Where a judgment of the court of first instance is reversed due to an error involving exclusive jurisdiction, the Uttor appellate court shall issue a judgment transferring the case to a court having jurisdiction over the case.

282. (Declaration of provisional execution on judgment in Uttor appeal)
With regard to a judgment concerning a claim for the payment of money, the Uttor appellate court shall, upon motion, declare that a provisional execution may be carried out without the provision of security, except where such a declaration is unnecessary. However, where the Uttor appellate court deems it appropriate, the court may require that security be provided as a condition for granting the provisional execution.

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Chapter Two UTTOR APPEAL
260. (Judgments subject to Uttor appeal, etc.)
1. An Uttor appeal may be made against a final judgment issued by a court of the first instance, except in the following situations:
(a) where, following the entry of final judgment, the parties have agreed not to make an Uttor appeal and have agreed to reserve the right to make a Satuk appeal; or

(b) where a final judgment has been entered in a civil or commercial case and the amount at stake does not exceed 5,000,000 riels.

2. The agreement described in subparagraph (a), Paragraph 1 is ineffective unless it is in writing.

261. (Restrictions on Uttor appeal against a decision regarding imposition of litigation costs)
An independent Uttor appeal may not be made against a decision regarding the imposition of litigation costs.

262. (Decisions subject to appellate review)
Any and all [interlocutory] decisions issued prior to a final judgment shall be subject to the adjudication of the Uttor appellate court. However, this shall not apply to decisions as to which no objection may be made, or to decisions as to which an objection may be made only by means of a Chomtoah appeal.

263. (Waiver of right of Uttor appeal)
1. The parties may waive the right to make an Uttor appeal.
2. A statement waiving the right to make an Uttor appeal in accordance with Paragraph 1 that is made after the Uttor appeal has been filed must be made together with the discontinuance of the Uttor appeal.

264. (Time for filing Uttor appeal)
1. An Uttor appeal must be filed within one month from the date that service of the written judgment was received or the date that a ruling denying or dismissing [without prejudice] a motion to set aside a default judgment became final and binding. However, this shall not hinder the validity of an Uttor appeal filed before the commencement of this period.

2. The period described in Paragraph 1 may not be extended.

265. (Method of filing Uttor appeal)
1. An Uttor appeal shall be made by filing a written Uttor appeal with the original court. In this case, the original court shall promptly send the written Uttor appeal and the record of the case to the Uttor appellate court.

2. The written Uttor appeal shall contain the following matters:
(a) the names and addresses of the parties and of their legal representatives; and
(b) an indication of the judgment of the court of first instance and a statement indicating that an Uttor appeal is being filed with regard to such judgment.

3. If the written Uttor appeal does not include specific grounds for the reversal or amendment of the judgment of the court of first instance, the Uttor appellant must make efforts to file with the Uttor appellate court a written document containing such grounds within thirty days of the filing of the Uttor appeal.

266. (Uttor appellate court's right to review written Uttor appeal)
1. Where a written Uttor appeal contravenes the provisions of Paragraph 2 of Article 265 (Method of filing Uttor appeal), the Uttor appellate court shall order that the defects therein be remedied, and shall fix an appropriate period of time in which to do so. This shall also apply where the filing fee for an Uttor appeal is not paid in accordance with the provisions of Paragraph 4 of Article 61 (Filing fee).

2. In the situation described in Paragraph 1, where the Uttor appellant fails to remedy the defects in the appeal, the court shall issue a ruling ordering that the Uttor appeal be dismissed [without prejudice].

3. A Chomtoah appeal may be made against the ruling described in Paragraph 2.

267. (Service of Uttor appeal)
1. A written Uttor appeal must be served on the Uttor appellee.
2. The provisions of Article 266 (Uttor appellate court's right to review written Uttor appeal) shall apply mutatis mutandis to cases in which the written Uttor appeal cannot be served, including cases where costs necessary for the service of the written Uttor appeal were not paid.

268. (Dismissal of Uttor appeal without oral argument)
Where an Uttor appeal is unlawful and the defects cannot be remedied, the Uttor appellate court may dismiss [without prejudice] the Uttor appeal via judgment without hearing oral argument.

269. (Discontinuance of Uttor appeal)
1. An Uttor appeal may be discontinued at any time prior to the entry of a final judgment by the Uttor appellate court.

2. As a general rule, the discontinuance of an Uttor appeal must be made in writing. However, it may be made orally at the court date set for oral argument, preparatory proceedings for oral argument or compromise settlement.

3. Where a part of an Uttor appeal is discontinued, the action shall be deemed to have never been pending before the Uttor appellate court with regard to that part.

4. The provision of Article 219 (Construction of discontinuance of action)shall apply mutatis mutandis to discontinuance of Uttor appeal.

270. (Incidental Uttor appeal)
1. An appellee may make an incidental Uttor appeal at any time prior to the conclusion of oral argument, even if his right to make an [independent] Uttor appeal is extinguished.

2. An incidental Uttor appeal shall become invalid where the Uttor appeal on which is based is discontinued or dismissed [without prejudice] on the ground that it is not in conformance with law. However, an incidental Uttor appeal that satisfies the requirements for an Uttor appeal shall be deemed an independent Uttor appeal. 3. Incidental Uttor appeals shall be governed by the provisions of law pertaining to Uttor appeals.

271. (Declaration of provisional execution of judgment by the Uttor appellate court)
1. The Uttor appellate court may, upon motion, via ruling, make a declaration of provisional execution of the judgment of the court of first instance, but such declaration may concern only that part of the judgment as to which no appeal has been made.

2. No appeal may be taken against the Uttor appellate court's decision on provisional execution.

272. (Scope, etc. of oral argument)
1. Oral argument shall be conducted only to the extent necessary to adjudicate a party's demand for amendment of the judgment rendered by the court of first instance.

2. The parties shall state the results of oral argument made at the court of first instance.

273. (Mutatis mutandis application of provisions regarding proceedings at court of first instance)
Except where otherwise provided by law, the provisions of BOOK II (Proceedings at Court of First Instance) shall apply mutatis mutandis to procedures at the Uttor appellate review. However, this shall not apply to the provisions of Articles 80 (Designation of date of initial preparatory proceedings for oral argument) and 104 (Attempt to compromise at preparatory proceedings for oral argument) and of Section V,

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BOOK THREE APPEAL
Chapter One GENERAL RULES
259. (Types of appeal)
1. A decision that has not yet become final and binding may be appealed to a higher court based on the following methods:

(a) Uttor appeal against a judgment issued by a court of first instance, or Satuk appeal if the parties have agreed as mentioned in subparagraph (a), Paragraph 1 of Article 260 (Judgments subject to Uttor appeal, etc.);

(b) Satuk appeal against a judgment issued by a Uttor appellate court; or
(c) Chomtoah appeal against a ruling.
2. A Chomtoah appeal can be made only where it is allowed by law.
3. A Chomtoah appeal may not be brought against a ruling adjudicating a Chomtoah appeal.

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Chapter Nine VIEWING OF CASE RECORDS
258. (Viewing of case records, etc.)
1. A party or a third party who has established to a preliminary showing his/her legal interest in the case may ask the court for permission to view or copy case records, or may request delivery of authenticated copies, certified copies or excerpts thereof, or delivery of an official certification of matters related to the case. Authenticated copies, certified copies or excerpts of case records shall indicate thereon that they comprise authenticated copies, certified copies or excerpts, and shall be signed by the court clerk.

2. The provisions of Paragraph 1 shall not apply to those audio tapes, videotapes or other media on which certain matters are recorded using an equivalent method that are attached to the case record. In such a case, where a party or third party who has established to a preliminary showing his/her legal interest in the case makes a request with regard to such media, the court must permit the duplication thereof.

3. Where [compliance with] a request for viewing, transcription or duplication would hinder the maintenance of case records or the court's performance of its duties, the request shall be denied.

Section II. Service 144

Section II. Service
246. (Principle of service on court's authority, etc.)
1. Except where otherwise provided by law, service shall be effected on the court's authority.

2. The tasks related to effecting service shall be handled by the court clerk.
3. Service shall be carried out by a post office clerk, a bailiff, or a court clerk.

247. (Principle of service by delivery)
1. Except as otherwise provided by law, service shall be effected through delivery of the document to be served to the person who is to receive service.

2. Except as otherwise provided by law, the document to be served shall comprise a certified copy thereof.

3. Where the recipient of service cannot read, the person responsible for effecting service shall make efforts to notify the recipient of the nature of the service when the service is delivered.

248. (Service on person lacking capacity to litigate, etc.)
1. Service intended for a person lacking the capacity to litigate shall be made on that person's legal representative.

2. Where multiple persons have a joint right of representation, service may be made on only one of them.

3. Service on a person incarcerated in an institution shall be effected on the warden of such institution.

249. (Location of service)
Service shall be effected at the domicile, residence, place of business or administrative office of the person to be served. However, service on a legal representative may also be effected on the place of business or administrative office of the principal.

250. (Notice of place of service, etc.)
1. The party, legal representative or appointed representative may give notice to the court in which the action was filed of the location within Cambodia where service is to be received or may give notice to the court regarding the person to receive service.

2. The party, legal representative or appointed representative may give notice of a change in the previously noticed location at which service is to be received, or in the person previously noticed as the person to receive service.

3. The notice described in Paragraphs 1 and 2 shall be given in writing.
4. Where the notice described in the first part of Paragraph 1 is given, the service shall be made at the noticed location, notwithstanding the provisions of Article 249 (Location of service).

251. (Service at location encountered)
Notwithstanding the provisions of Articles 249 (Location of service) and 250 (Notice of place of service, etc.), service on a person who is to receive service, but regarding whom it is not clear that a domicile, residence, a place of business or an administrative office exists within Cambodia, may be made where such person is encountered, except for persons who gave notice pursuant to the provisions of Paragraph 1 of Article 250 (Notice of place of service, etc.). This shall also apply where service is not refused by a person regarding whom it is clear that a domicile, residence, place of business or administrative office exists within Cambodia, or by a person who gave notice pursuant to the provisions of such Paragraph.

252. (Supplemental service and service of leaving at the location)
1. Where the person who is to receive service is not encountered at the location where service is to be made, the document may be delivered to a domestic servant or other employee, or a co-resident, provided such person possesses proper understanding regarding the receipt of documents.

2. Where the person to receive service or the person to receive delivery pursuant to the provisions of Paragraph 1 unreasonably refuses to receive service, the document may be left at the location where service is to be made.

253. (Service in foreign country)
1. Service that is to be made in a foreign country shall be made by the court entrusting the document to be served to a competent governmental authority of the country or to the Cambodian ambassador, ministerial envoy or consul assigned to that foreign country or stationed therein.

2. Where service is to be made in a foreign country in connection with proceedings to be carried out by an assigned panel member judge or an assigned judge, such judge may also effect service pursuant to the method described in Paragraph 1.

254. (Report of service, etc.)
1. The person responsible for effecting service shall, after service is made, prepare a report of such service and deliver it to the court.

2. The report described in Paragraph 1 shall contain the following matters:
(a) an indication of the case and of the document(s) served;
(b) the person on whom service was to be made;
(c) the date and location of service;
(d) the method of service;
(e) where the person to receive service could not read, that the means was adopted pursuant to Paragraph 3 of Article 247 (Principle of service by delivery);

(f) the signature of the person receiving a document, or the fingerprint seal of such person in lieu of a signature;

(g) where receipt of a document is refused by the person on whom service was to be made or a person to receive delivery thereof pursuant to Paragraph 1 of Article 252 (Supplemental service and service of leaving at the location), the facts regarding such refusal;

(h) where service is made pursuant to Article 252 (Supplemental service and service of leaving at the location), the facts regarding such service; and

(i) the signature of the person effecting service.
3. Where the person responsible for effecting service made an attempt to effect service but was unable to do so, such person shall prepare and submit to the court a report of this fact together with the matters prescribed in subparagraphs (a) through (d) and subparagraph (i) of Paragraph 2.

255. (Requirements for service by publication)
1. Upon motion and with the court's approval, the clerk of the court may effect service by publication in any of the following situations:
(a) where the domicile, residence or other location to be served is unknown even after a reasonable attempt to investigate;

(b) where service could not be made pursuant to the provisions of Article 252 (Supplemental service and service of leaving at the location);

(c) where service in a foreign country could not be made pursuant to the provisions of Article 253 (Service in foreign country), or where service is deemed impossible even pursuant to such provisions; or

(d) where six months have elapsed since service was entrusted to a competent governmental authority in a foreign country pursuant to the provisions of Article 253 (Service in foreign country) and the document establishing proof of service has not been delivered.

2. In the cases described in Paragraph 1, where the court determines service by publication to be necessary in order to avoid delay in the litigation, the court may order the court clerk to effect service by publication even in the absence of a motion.

3. In the cases described in subparagraph (b) of Paragraph 1, the court clerk shall make efforts via an appropriate method to notify the party sought to be served that service by publication has been effected.

4. Following the initial service by publication on a party, subsequent services by publication on the same party shall be conducted on the court's own authority. However, this shall not apply to cases described in subparagraph (c) of Paragraph 1.

256. (Method of effecting service by publication)
1. Service by publication shall be made by posting on the notice board of the court a notice stating that the court clerk has custody of the document to be served and is ready to deliver such document at any time to the person on whom service is to be made. However, service of a writ of summons by publication shall be made by posting the writ of summons on the notice board of the court.

2. Where service by publication is made pursuant to the provisions of subparagraph (b) of Paragraph 1 of Article 255 (Requirements for service by publication), the posting prescribed in Paragraph 1 may be performed at either the location described in Paragraph 1 or a location deemed proper by the court.

3. The court may publish in the Official Gazette or in newspapers the fact that service by publication has been carried out. Where service is to be made in a foreign country, the court clerk may, in lieu of publication in the Official Gazette or newspapers, give notice of the fact that service by publication has been made.

257. (Effective date of service by publication)
1. Service by publication shall take effect two (2) weeks after the first date of the posting of notice pursuant to the provisions of Article 256 (Method of effecting service by publication). However, service by publication made pursuant to the provisions of Paragraph 4 of Article 255 (Requirements for service by publication) shall take effect the day after the posting of notice.

2. Where service is to be made in a foreign country, the period of time prescribed in Paragraph 1 for service by publication shall be six (6) weeks.

Chapter Eight DATES, TERM, SERVICE 145

Chapter Eight DATES, TERM, SERVICE
Section I. Dates, Terms
240. (Setting of court dates)
1. The court shall set court dates upon motion or on its own authority. However, dates for procedures to be carried out by an assigned panel member judge or an assigned non-member judge shall be set by that judge.

2. Court dates may be set on Saturdays, Sundays and other legal holidays only in unavoidable circumstances.

241. (Changing of date)
1. When a party moves to change a court date [that has already been set], the moving party shall clearly state the grounds on which the change in date is sought.

2. The date set for preparatory proceedings for argument or for oral argument may not be changed except in unavoidable circumstances.

3. The initial date set for preparatory proceedings for oral argument may be changed based on the agreement of the parties.

242. (Summons regarding date)
A summons regarding a court date shall be issued by service of a writ of summons or by notifying a person who has appeared before the court.

243. (Calculation of periods)
1. Periods shall be calculated in accordance with the provisions pertaining to [calculation of] periods under the Civil Code.

2. Where a first day is not designated in a decision in which a period is set, the period shall be deemed to run from the date on which the decision became effective.

3. Where the last day of a period falls on a Saturday, Sunday or legal holiday, the period shall be deemed to expire on the following [business] day.

244. (Extension of period)
1. The court may extend a period fixed by law or a period fixed by the court itself only in unavoidable circumstances. However, this shall not apply where otherwise provided by law.

2. The court, an assigned panel member judge or an assigned non-member judge may extend a period fixed by such court or by such judge only in unavoidable circumstances.

245. (Subsequent completion of act of litigation)
1. Where a party is unable to comply with a period fixed pursuant to the second sentence of Paragraph 1 of Article 244 (Extension of period) for a reason for which the party cannot be held responsible, an act of litigation that was to have been completed within such period may be completed within a grace period of one week from the time that such reason has ceased to exist. However, for a party located overseas, such grace period shall be two months.

2. The grace period referred to in Paragraph 1 may not be extended.

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Chapter Seven SPECIAL PROVISIONS REGARDING SMALL CLAIM MATTERS
223. (Characteristic of procedures)
Procedures for small claim actions are established with the aim of settling the dispute promptly via summary procedures.

224. (Conditions for small claims, etc.)
1. A plaintiff is entitled to seek a decision based on small claim procedures where the subject matter of the action is a demand for the payment of money in an amount no greater than 1 million riels.

2. An application for a decision based on small claim procedures shall be made when the action is filed.

225. (Oral institution of action; matters to be clarified when action instituted)
1. A small claim action may be instituted orally.
2. When a small claim action is instituted, it is sufficient to clearly indicate the points at issue, notwithstanding the provisions of Paragraph 2, subparagraph (b) of Article 75 (Method of filing suit; Matters to be included in complaint).

3. When a plaintiff institutes a small claim action orally, the court clerk shall enter the statement of the plaintiff in the protocol. This protocol shall be deemed to be the written complaint.

226. (Instruction regarding procedures)
1. At the time of service of summons to appear on the initial date for oral argument in a small claim action, the court clerk shall deliver to the parties a document that explains the procedures regarding trial and decision in small claim actions.

2. On the date referred to in Paragraph 1, the judge shall first explain to the parties that:
(a) in the absence of special circumstances, the court must conclude the trial on the initial date set for oral argument;
(b) Except for motion to set aside default judgment, no objection or appeal may be made to a final judgment in a small claim action;

(c) the examination of evidence can be conducted only with regard to evidence that can be examined immediately; and

(d) while the defendant may make a statement that the action is to be transferred to normal procedures, this shall not apply after the defendant has proceeded with argument on the initial date set for oral argument, nor after the conclusion of such date.

227. (Prohibition of cross-action)
A cross-action may not be filed in a small claim action.

228. (Designation of date for oral argument)
1. When a [small claim] action is filed, the court shall promptly designate a date for oral argument and summon the parties thereto.

2. In the absence of special circumstances, the date described in Paragraph 1 shall fall within thirty (30) days of the date on which the action was filed.

229. (Principle of one-day trial)
1. In a small claim action, in the absence of special circumstances, the court shall conclude the trial on the initial date set for oral argument.

2. The parties shall advance all offensive or defensive measures before or on the date described in Paragraph 1. However, this shall not apply where oral argument has been continued [to a subsequent date].

230. (Order that parties appear in person)
The court may order that a party or his legal representative appear in person even where an appointed representative has been appointed.

231. (Restriction on examination of evidence)
An examination of evidence can be conducted only with regard to evidence that can be examined immediately.

232. (Offer for examination of witness and examination of witness)
1. When offering to examine a witness, a party need not submit a written description of the matters to be questioned.

2. The judge may examine a witness without administering an oath.

233. (Transfer to ordinary procedures pursuant to defendant’s statement)
1. The defendant may make a statement indicating that the action is to be transferred to ordinary procedures. However, this shall not apply after the defendant has proceeded with argument on the initial date set for oral argument.

2. The statement referred to in Paragraph 1 shall be in writing unless it is made on the date set for oral argument.

3. Where the statement referred to in Paragraph 1 is made, the court clerk shall, without delay, notify the plaintiff that the action is to be transferred to ordinary procedures based on the defendant's statement. However, this shall not apply where the statement was made on a date on which the plaintiff appeared in court.

234. (Transfer to ordinary procedures pursuant to court ruling)
1. In the following cases, the court shall issue a ruling that the trial and decision of the action shall be conducted by ordinary procedures:
(a) where trial and decision based on the procedures for small claims has been sought in contravention of the provisions of Paragraph 1 of Article 224 (Conditions for small claims, etc.);

(b) where summons to appear on the initial date set for oral argument cannot be made on the defendant by means other than service by publication; or

(c) where it is deemed improper by the court to conduct such trial and decision based on small claim procedures.

2. Where a ruling is issued pursuant to Paragraph 1, the court clerk shall promptly notify the parties of the issuance and substance of the ruling.

235. (Timing of transfer to ordinary procedures, etc.)
1. An action shall be transferred to ordinary procedures when the statement described in Article 233 (Transfer to ordinary procedures pursuant to defendant’s statement), Paragraph 1 is made or when the ruling described in Article 234 (Transfer to ordinary procedures pursuant to court ruling), Paragraph 1 is issued.

2. Where an action is transferred to ordinary procedures, the date already specified for the small claim action shall be deemed specified for the ordinary procedures.

236. (Judgment and pronouncement thereof)
1. Except where deemed improper by the court, the court shall pronounce judgment immediately after the conclusion of oral argument.
2. In the case described in Paragraph 1, the pronouncement of judgment need not be based on the original of a written judgment. In such a case, the court shall pronounce judgment by reading aloud the main text of the judgment and a summary of the grounds therefor.

3. Where the court has pronounced judgment pursuant to the provisions of Paragraph 2, the court shall instruct the court clerk to include the matters set forth below in the protocol of the date for oral argument on which judgment was pronounced, in lieu of preparing a written judgment:

(a) the names and addresses of the parties and their legal representatives;
(b) the judgment sought by the plaintiff; and
(c) the main and conclusive text of the judgment.
4. A written judgment or a protocol in lieu of a written judgment in a small claim action shall be indicated as a judgment in a small claim action.

237. (Deferment of payment by judgment)
1. Where the court issues a judgment that authorizes a claim, with regard to the payment of money in connection with such authorized claim, the court may, upon determining it especially necessary in light of the defendant's financial state or other circumstances, take either of the actions specified in subparagraphs (a) or (b) below, or the actions specified in either of these subparagraphs together with subparagraph (c), within a time frame not to exceed three years from the date of pronouncement of judgment:

(a) establish a time for payment;
(b) establish a period for the making of installment payments; or
(c) where payment has been made in accordance with subparagraph (a), or where payment has been made in accordance with subparagraph (b) without losing the benefit of time pursuant to Paragraph 2, establish an exemption from the obligation to pay damages for delay after the action was filed.

2. On specification of installment payments as described in Paragraph 1 subparagraph (b), the court shall designate a provision regarding the loss of benefit of the term where the defendant defaults on a payment.

238. (Prohibition of objection)
No objection or appeal may be made to a final judgment in a small claim action. However, this shall not apply to a motion to set aside a default judgment.

239. (Exceptions from application)
The provisions of Articles 103 (Purpose of preparatory proceedings for oral argument) through 112 (Objections to protocol of preparatory proceedings for oral argument, etc.) shall not apply to small claim procedures as defined in this Chapter VII.

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Chapter Six CONCLUSION OF ACTION NOT BASED ON JUDGMENT 217. (Discontinuance of action)
1. A plaintiff may discontinue all or part of an action until a final judgment is rendered.

2. After the defendant has, on the merits of the action, submitted a preparatory document, made statements in preparatory proceedings for argument, or presented oral argument, a plaintiff's attempt to discontinue the action shall be ineffective unless the defendant's agreement thereto is obtained. However, this shall not apply to the discontinuance of a cross-action where the principal action has been discontinued.

3. Discontinuance of an action shall be made in writing. However, this shall not preclude it from being effected orally on a date set for oral argument, preparatory proceedings for argument or compromise.

4. In the cases described in the first sentence of Paragraph 2, if the discontinuance of the action is made in writing, such writing shall be served on the defendant, while if the discontinuance of the action is made orally on a date set for oral argument, preparatory proceedings for argument or compromise, a certified copy of the protocol for that date shall be served on the defendant. However, this shall not apply to cases where the discontinuance of the action is made orally on a date set for oral argument, preparatory proceedings for argument or compromise, and the defendant appeared before the court on such date.

5. Where the defendant does not make an objection within two weeks from the date of service of a written discontinuance of the action, the defendant shall be deemed to have consented thereto. The same shall apply to cases where the discontinuance of the action was made orally on a date set for oral argument, preparatory proceedings for argument or compromise, if the defendant does not make an objection within two weeks from the date on which the action was discontinued if the defendant appeared on such date, or, if the defendant did not appear on such date, from the date on which the copy of the protocol referred to in Paragraph 4 was served.

218. (Effect of discontinuance of action)
1. A discontinued action or part thereof is deemed to have never been pending before the court.
2. A party who discontinues an action after a final judgment is issued on the merits may not thereafter bring the same action.

219. (Construction of discontinuance of action)
Where both parties fail to appear on the date set for oral argument or for preparatory proceedings for oral argument, and do not within one month make a motion to set a subsequent date therefor, the action shall be deemed to have been discontinued. The same shall apply to cases where both parties, on two consecutive occasions, fail to appear on the dates set for oral argument or preparatory proceedings for argument.

220. (Compromise settlement of action)
1. The parties may effect a compromise settlement of the action on a date set for oral argument, preparatory proceedings for argument or compromise.

2. The compromise settlement referred to in Paragraph 1 may be entered into outside the courtroom if such disposition is deemed proper by the court.

221. (Abandonment or acknowledgment of claim)
An abandonment or acknowledgment of a claim shall be made on a date set for oral argument, preparatory proceedings for argument or compromise.

222. (Effect of written compromise settlement, etc.)
Where a compromise settlement or an abandonment or acknowledgment of claim has been entered in the protocol of the case, such entry shall have the same effect as a final judgment.

Section VI. Rulings 143

Section VI. Rulings
213. (Notice of rulings)
1. A ruling shall take effect when notice thereof is given in a manner deemed proper.
2. A written ruling shall be signed by the judge that issued it.
3. When notice of a ruling is given, the court clerk of the court shall clearly indicate in the record of the case the giving of notice and the manner of notice employed.

214. (Cancellation of ruling relating to control of litigation)
A ruling relating to the control of litigation may be cancelled at any time.

215. (Objection to disposition taken by court clerk)
With regard to any objection against dispositions taken by the court clerk, the court to which such clerk belongs shall render a decision via ruling.

216. (Mutatis mutandis application of provisions relating to judgments)
The provisions relating to judgments shall apply mutatis mutandis to rulings so long as such application is not inconsistent with the nature of the ruling.

Section V. Default Judgment 142

Section V. Default Judgment
200. (Default judgment against plaintiff)
1. Where the plaintiff fails to appear on the date set as the first day of preparatory proceedings for oral argument, the court shall dismiss [with prejudice] the claims of the plaintiff via default judgment.

2. Where the plaintiff fails to appear on a date set for the continuation of preparatory proceedings for oral argument, the court may immediately terminate such proceedings and set another date as the first day of oral argument.

3. Where the plaintiff fails to appear on the date set for oral argument, the court shall dismiss [with prejudice] the claims of the plaintiff via default judgment.

201. (Default judgment against defendant)
1. Where the defendant fails to appear on the first date set for the preparatory proceedings for oral argument, the court shall immediate terminate such proceedings and set another date as the first day of oral argument.

2. Where the defendant fails to appear on the date set for oral argument, the court shall deem the defendant to have admitted the truth of the plaintiff's allegations of fact, and if grounds to support the plaintiff's claims exist, the court shall recognize the plaintiff's claims via the entry of default judgment; while if grounds to support the plaintiff's claims do not exist, the court shall dismiss [with prejudice] the plaintiff's claims. However, this shall not apply where the defendant contests the allegations of the plaintiff on the preceding date set for the preparatory proceedings for oral argument or oral argument.

202. (Where default judgment is not allowed)
The court may not enter a default judgment in any of the following circumstances: (a) where a party that failed to appear did not duly receive service of summons;
(b) where there is sufficient evidence to conclude that a party that failed to appear did so due to natural disaster or other forces beyond their control;
(c) where the action itself is unlawful; or
(d) where the contents of plaintiff’s statement on the date for oral argument were not noticed before the date to the defendant that failed to appear.

203. (Extension of date)
1. Where the court determines that the summons period is too short, or that a party was unable to appear through no fault of their own, it may extend the date set for preparatory proceedings for oral argument or for oral argument.

2. Where the court extends a date in accordance with Paragraph 1, the party who did not appear shall be served with summons to appear on the new date.

204. (Petition to set aside default judgment)
1. Where a party fails to make a timely appearance on the court date due to an unforeseeable or unavoidable reason, and a default judgment was rendered as a result, the party may file a petition to set aside the judgment.

2. The petition described in Paragraph 1 shall be made within two weeks from the date of receipt of service of the default judgment. This period may not be extended.

3. Where service of a default judgment is to be made by publication or in a foreign country, the court shall fix in the default judgment the period within which a motion for setting it aside may be filed.

205. (Method of filing petition to set aside default judgment)
1. A petition to set aside a default judgment shall be made by submitting a written motion to the court that issued the default judgment.

2. The written petition shall contain the following matters:
(a) the names and addresses of the parties and of their legal representatives;
(b) an indication of the default judgment comprising the subject-matter of the motion;
(c) an indication of the nature of the motion against the default judgment described in subparagraph (b); and
(d) the reason that the party was unable to timely appear on the specified date.

206. (Examination and service of written motion)
1. Where a written motion fails to comply with the provisions of Article 205 (Method of filing petition to set aside default judgment), the court shall order that any and all defects in the motion be remedied within a reasonable period of time specified by the court.

2. In the case described in Paragraph 1, if the party making the petition fails to remedy the defects, the court shall dismiss [without prejudice] the written motion via ruling.

3. A Chomtoah appeal may be made against the ruling described in Paragraph 2.
4. Where there is no defect in a written petition, the court shall serve the written petition on the other party, set a new date for hearing on the motion, and summon the parties to appear on such date.

207. (Hearing and decision on petition)
1. The court shall, on its own authority, investigate whether the petition was made in the manner provided by law and within the period of time provided by law, as well as whether reasonable grounds for the petition exist.

2. Where the court determines that the petition was made unlawfully, it shall dismiss [without prejudice] the petition via ruling, and where the court determines that the petition lacks reasonable grounds, it shall deny the petition via ruling.

208. (Effect of petition)
1. Where a petition is granted, the status of the action shall be returned to the status in effect at the point in time before the party's failure to appear.

2. In the case described in Paragraph 1, the court shall set a new date for the re-commencement of preparatory proceedings for oral argument or oral argument and notify the parties of such date.

209. (Judgment based on de novo review)
1. Where the judgment to be issued based on a de novo review of the case is identical to the default judgment, the court shall issue a judgment upholding the default judgment.

2. Where the judgment to be issued based on a de novo review of the case is not identical to the default judgment, the court shall reverse the default judgment in the newly issued judgment.

210. (Costs incurred from failure to appear)
Where a default judgment is lawfully issued, costs incurred as a result of the party's failure to appear shall be borne by the party failing to appear, even where the default judgment is subsequently reversed upon petition to set aside the judgment, unless such costs were incurred due to the other party's improper conduct in the handling of the litigation.

211. (Issuance of second default judgment)
1. Where a party who files a petition to set aside a default judgment fails to appear at the date [for the re-commencement of preparatory proceedings for oral argument or oral argument], the court shall dismiss [with prejudice] the petition by means of a second default judgment, except in the cases described in Article 202 (Where default judgment is not allowed) and in Paragraph 2 of Article 203 (Extension of date).

2. The second default judgment described in Paragraph 1 may not be challenged by a petition to set aside.

212. (Mutatis mutandis application of provisions)
1. The provisions governing the discontinuance of an action shall apply mutatis mutandis to the discontinuance of a petition.

2. The provisions of this Section shall apply mutatis mutandis to cross-actions.

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Section II. General Provisions Regarding Judgment
180. (Final judgment)
1. Courts shall conclude oral argument and issue a final judgment when it is deemed that no further trial is necessary based on the results of argument and evidentiary investigation.

2. Where a trial as to one claim among several claims encompassed in an action is deemed to have reached an end, a final judgment on that claim may be issued. 3. Where it is deemed necessary for the issuance of a final judgment, the court may reopen oral argument that has already been concluded.

181. (Interlocutory judgment)
In an action involving a dispute regarding any of the following matters, the court may end the trial and issue an interlocutory judgment as to only such matter:
(a) the existence of a claim, when both the existence of a claim and the amount of such claim are in dispute;
(b) offensive or defensive measures that can be independently adjudicated;
(c) the existence or absence of the prerequisites for an action; or
(d) matters pertaining to the conclusion of an action.
182. (Matters for judgment)
1. The court shall adjudicate all of the claims raised by the parties.
2. The court shall not adjudicate matters that were not raised by the parties.
3. The court shall adjudicate the apportionment of liability for litigation costs even in the absence of a request by either party that it do so.

183. (Omission in judgment)
Where the court does not adjudicate part of a claim, the action remains pending in that court with respect to the omitted part of the claim.

184. (Principle of free determination)
When issuing a judgment, the court shall decide, after considering the results of the examination of evidence and the progress of and the presentations made at oral argument, and based on its freely determined conviction, whether or not the allegations 5 "Decision" as used in this translation originally means any forms of decision issued by a court and includes both "ruling" and "judgment," although it in many articles specifically means either "ruling" or "judgment" as the context requires. of fact are true.

185. (Principle of direct trial)
1. A judgment shall be issued only by the judge or judges that have participated in the oral argument forming the basis for such judgment.

2. Where a judge has been changed before the conclusion of oral argument, the parties shall state [before the newly appointed judge] the results of the previous oral argument.

3. Where a single judge or a majority of judges on a panel of judges has been changed, if a party applies for reexamination of a witness who was previously examined, the court shall conduct such examination.

Section IV. Effectiveness of Judgment a123

Section IV. Effectiveness of Judgment
191. (Self-binding effect of judgment)
A court that hands down a judgment may not revoke or change the judgment, except in accordance with the provisions of Article 192 (Ruling of correction) below.
192. (Ruling of correction)
1. Where a judgment is found to contain a miscalculation, clerical error or any other similar obvious error, the court may, upon motion or on its own authority, render a ruling of correction at any time.

2. A Chomtoah appeal may be made against a ruling of correction. However, this shall not apply where a lawful Uttor appeal has been filed against the judgment.

3. A ruling of correction shall be affixed to the original and all authenticated copies of the written judgment. However, where it is deemed appropriate, the court may prepare a written ruling and serve authenticated copies thereof on the parties in lieu of affixing the ruling to the original and all authenticated copies of the judgment.

193. (Date on which judgment becomes final)
1. A judgment shall not become final prior to the expiration of the period in which an appeal against the judgment or a motion to set aside such judgment may be filed.

2. The finality of a judgment is stayed by the filing of an appeal against the judgment or a motion to set it aside within the period referred to in Paragraph 1.

194. (Finality of matters decided in judgment)
1. When a judgment is final, it shall have conclusive and binding effect.
2. The binding effect described in Paragraph 1 shall determine rights and legal relationships as of the date of conclusion of oral argument.

3. The scope of the binding effect referred to in Paragraph 1 shall be limited to the matters determined in the main text of the judgment with regard to claims raised in the original action or in any counter-action, and shall not apply to any finding contained in the grounds for the judgment.

4. Notwithstanding the provisions of Paragraph 3, where the defendant makes a claim for offset based on a countervailing obligation, a finding in the final judgment that a countervailing obligation was extinguished by the operation of the offset is binding to the extent of the offset.

195. (Date on which judgment may be enforced)
A judgment may be enforced when it becomes final in accordance with the provisions of Article 194 (Finality of matters decided in judgment), except as otherwise provided by law.

196. (Declaration of provisional execution)
1. With regard to a judgment concerning an action involving economic interests, the court may, upon determining it necessary, on motion or on its own authority, declare that a provisional execution of judgment may be carried out with or without the provision of security by the winning plaintiff.

2. The court may, upon motion or on its own authority, declare that a provisional execution of judgment may be avoided upon the provision of security

3. A declaration of provisional execution shall be set forth in the main text of the judgment. This shall also apply to the declaration described in Paragraph 2.

4. Where a decision is not issued on a motion for declaration of provisional execution, or where the court fails to make such a declaration in circumstances where the declaration should be made on the court's own authority, the court shall, upon motion or on its own authority, render a supplemental ruling. This shall also apply where a decision is not issued in response to the motion described in Paragraph 2.

197. (Loss of effect of declaration of provisional execution and restitution)
1. A declaration of provisional execution shall lose its effect upon the pronouncement of a higher court's judgment changing either such declaration or the judgment on the merits of the action to the extent that it is changed by such higher court's judgment.

2. In a [higher court's] judgment that changes the judgment on the merits of the action, the [higher] court shall, upon motion of the defendant, order the plaintiff to return the thing given by the defendant pursuant to the declaration of provisional execution and to make compensation for any damage sustained by the defendant either as a result of such execution or as a result of measures taken to avoid such execution.

3. Where only a declaration of provisional execution has been changed, the provisions of Paragraph 2 shall apply to the subsequent [higher court's] judgment changing the judgment on the merits of the action.

198. (Scope of persons bound by final judgment)
A final judgment is binding on the following persons:
(a) the parties;
(b) where a party became a plaintiff or defendant on behalf of another person, such another person;
(c) persons succeeding to the rights or obligations held by the persons identified in the preceding two subparagraphs after the action became pending before the court; and
(d) persons who possess the subject-matter of the action for the benefit of any of the persons identified in the preceding three subparagraphs.

199. (Effect of final judgment of foreign court)
A final judgment of a foreign court shall be valid only where all of the following conditions are fulfilled:
(a) jurisdiction is properly conferred on the foreign court by law or by treaty;
(b) the losing defendant received service of summons or any other order necessary to commence the action, or responded without receiving such summons or order;
(c) the contents of the judgment and the procedures followed in the action do not violate the public order or morals of Cambodia; and
(d) there is a guarantee of reciprocity between Cambodia and the foreign country in which the court is based.

Section III. Transmittal of Judgment 101

Section III. Transmittal of Judgment
186. (Effectiveness of judgment)
A judgment shall become effective when it is pronounced.
187. (Date of pronouncement of judgment)
A pronouncement of judgment shall be made within one month of the date on which oral argument is concluded. However, this shall not apply where the case is complex or where other special circumstances exist.

188. (Method of pronouncement of judgment)
1. A pronouncement of judgment shall be made in open court on the appointed date, based on the original of a written judgment, and the text of the judgment shall be read aloud by the presiding judge. However, if circumstances prevent the presiding judge from making a pronouncement by him/herself, an associate judge may do it on his behalf.

2. A pronouncement of judgment may be made even if the parties are not present in court.
3. Where deemed appropriate, the presiding judge may read the reasons for the judgment or verbally summarize it in court.

189. (Written judgment)
1. A written judgment shall include the following matters:
(a) the court;
(b) the date on which oral argument was concluded;
(c) the names and addresses of the parties and of their legal representatives;
(d) the facts and the matters in dispute;
(e) the grounds for the decision; and
(f) the main and conclusive text of the judgment.

2. The statement of the facts and the matters in dispute shall be based on, and include, a summary of the statements of the parties.

3. The written judgment shall be signed by the judge or judges that issued the judgment.

4. If circumstances prevent judges belonging to a panel of judges from signing the written judgment, other judge(s) shall sign the judgment and indicate the reason for the absence of each such judge's signature on the judgment.

190. (Service of written judgment)
1. The written judgment shall be served on the parties within two weeks of the date of pronouncement of judgment.

2. The service described in Paragraph 1 shall be carried out using an authenticated copy of the written judgment.

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Chapter Five JUDGMENT
Section I. General Provisions Regarding Decisions5
179. (Types of decision)
1. Unless otherwise provided in this Code or by other provision of law, a judgment is a decision rendered by means of a written judgment issued by a court based on oral argument and in compliance with the form/procedure provided by law, and shall have legal effect pursuant to a declaration based on such judgment.

2. A ruling is a decision that may be issued by a court or judge without oral argument, and is not a judgment.

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Chapter Four INTERRUPTION AND SUSPENSION OF LITIGATION
173. (Interruption of and succession to litigation)
1. Where any of the following grounds exist, the litigation shall be interrupted:
(a) the death of a party;
(b) the termination of a party through the merger of juridical persons;
(c) loss of a party's capacity to litigate, death of a legal representative or termination of the legal representative's authority to represent the party;

(d) loss of qualification, which has enabled a person to carry out a litigation under his/her name on behalf of others, due to his/her death or any other reasons; or

(e) loss of qualification due to the death of all parties nominated pursuant to the provisions of Article 42 (Nomination of party), or loss of qualification of such parties due to any other reason.

2. Where a case mentioned in paragraph 1 exists, the person identified in the following subparagraphs shall succeed to the litigation:
(a) where the death of a party, the heir of the decedent party, or the person bound by law to maintain the action;
(b) where the termination of a party through the merger of juridical persons, the juridical person that has succeeded to the rights and obligations of the merged entity;

(c) where loss of a party's capacity to litigate, death of a legal representative or termination of the legal representative's authority to represent the party, the legal representative or the party him/herself after obtaining the capacity to litigate;

(d) where loss of qualification, which has enabled a person to carry out a litigation under his/her name on behalf of others, due to his/her death or any other reasons, a person having the same qualifications; and/or

(e) where loss of qualification due to the death of all parties nominated pursuant to the provisions of Article 42 (Nomination of party), or loss of qualification of such parties due to any other reason, all of the appointers under such provisions or persons newly appointed pursuant to such provisions.

3. The provisions of Paragraph 1 shall not apply while an appointed representative is appointed for the litigation. However, the appointed representative shall inform the court of the occurrence of such events provided in the Paragraph 1.

4. Even in the event the ground specified in subparagraph (a) of Paragraph 1 exists, an heir may not succeed to litigation during the period of time that such heir is entitled to renounce succession.

174. (Natural termination of litigation proceedings)
Where a party's existence is terminated through death or merger, if there is no person that succeeds to the right or obligation comprising the subject matter of the litigation, or if such right or obligation devolves to the same person, the litigation proceedings shall be terminated. In this case, the court shall issue a judgment declaring that the litigation is terminated.

175. (Succession procedure)
1. A motion for succession to litigation proceedings may be made by the potential successor or by the adversary party.

2. Where a motion to succeed to litigation proceedings is filed, the court shall notify the adversary party to the motion for succession.

3. Where a motion to succeed to litigation proceedings is filed, if the court, after conducting an investigation on its own authority, determines that sufficient grounds for the motion do not exist, the court shall deny the motion via ruling on its own authority. A Chomtoah appeal may be made against such a ruling.

4. In the case described in Paragraph 3, if the court determines that sufficient grounds exist for the motion, the court shall permit such succession via ruling.

5. Where a motion to succeed to litigation proceedings is filed after such proceedings have been interrupted following the service of judgment, the court that rendered the judgment shall rule on the motion.

176. (Order to prosecute or defend action on court's authority)
Even where neither party files a motion for succession to litigation proceedings, the court may, on its own authority, order that the litigation be continued.

177. (Suspension of litigation proceedings)
1. Where the court is unable to perform its functions due to natural disaster or any other reason, the litigation [before the court] shall be suspended until such reason ceases to exist.

2. Where a party is unable to continue a litigation proceeding due to an impediment of indefinite duration, the court may, via ruling, order the suspension of the proceeding. In this case, the court may rescind the ruling in the event the impediment ceases to exist.

3. The court may, via ruling, order the suspension of a civil litigation proceeding during the pendency of a criminal case that involves a fact on which one of the claims in the civil action is based. In this case, the court may rescind the ruling when the criminal case has ended.

178. (Effect of interruption and suspension)
1. Neither the parties nor the court may conduct an act of litigation while a litigation proceeding is interrupted or suspended. However, judgment may be pronounced even while the litigation proceeding is interrupted.
2. Any and all terms cease to run while a litigation proceeding is interrupted or suspended. In this case, all terms will begin anew upon the notice of the succession to litigation proceedings or continuation of a suspended action.

Section VII. Preservation of Evidence 141

Section VII. Preservation of Evidence
163. (Preservation of evidence)
1. Where the court determines that circumstances exist that make it difficult to use evidence unless the evidence is examined beforehand, the court may, upon motion or application, examine the evidence in accordance with the provisions of this Section.

2. The results of an examination of evidence made pursuant to Paragraph 1 shall have effect in an action for adjudication of the merits of a case.

3. The parties shall state, at the oral argument of the action for adjudication of the merits of a case, the results of the examination of evidence that took place pursuant to Paragraph 1.

164. (Court having jurisdiction)
1. A motion for preservation of evidence after suit has been filed shall be made to the court before which the evidence is to be used.

2. An application for preservation of evidence before suit has been filed shall be made to the court of first instance having jurisdiction over either: (i) the residence of the person to be examined or the holder of the documents to be examined; or (ii) the location of the object of inspection.

3. A motion for preservation of evidence may be made to the court of first instance referred to in Paragraph 2 even after suit has been filed where urgent circumstances exist.

165. (Method of making motion for preservation of evidence)
1. A motion or application for preservation of evidence shall be made in writing.
2. The writing referred to in Paragraph 1 shall include the following matters:
(a) the name and address of the adversary party;
(b) the facts to be proven;
(c) the evidence to be preserved; and
(d) the grounds for preservation of the evidence.
3. The existence of the grounds for preservation of the evidence shall be established to a preliminary showing.

166. (Inability to specify adversary party)
An application for preservation of evidence may be made even if the adversary party cannot be specified. In this case, the court may appoint a special representative to represent the adversary party.

167. (Preservation of evidence on court's own authority)
The court may, where it is deemed necessary, issue a ruling ordering the preservation of evidence while a suit is pending.

168. (Appeal)
The moving party may bring a Chomtoah appeal against a ruling dismissing a motion or application for preservation of evidence.

169. (Summons regarding date)
A summons shall be issued commanding the moving party and the adversary party to appear on the date for examination of evidence. However, this shall not apply where time is of the essence.

170. (Costs of preservation of evidence)
Costs incurred in connection with the preservation of evidence shall be deemed a part of the litigation costs in the related action.

171. (Re-examination during oral argument)
Where a party during oral argument offers examination of a witness that was already examined at the proceedings for preservation of evidence, the court shall examine such witness.

172. (Delivery of record of preservation of evidence)
Where an examination of evidence for purposes of preservation thereof has been conducted, the court that conducted the examination shall deliver a record of such examination to the court in which the case record for the related action exists.

Section VI. Inspection 11

Section VI. Inspection
161. (Offer of inspection)
An offer of inspection shall indicate the object to be inspected.
162. (Production of object to be inspected, etc.)
1. The provisions of Articles 148 (Offer of documentary evidence, etc.), 152 (Order to produce documents, etc.) and 153 (Effect of party's failure to comply with order to produce documents, etc.) shall apply mutatis mutandis to the production or sending of the object to be inspected.

2. If a third party fails without reasonable cause to comply with an order of production made pursuant to Paragraph 1 of Article 152 (Order to produce documents, etc.), which applies mutatis mutandis under Paragraph 1, the court may issue a ruling imposing a civil fine on the third party of not more than 2,000,000 riels.

3. A Chomtoah appeal may be made against a ruling made pursuant to Paragraph2.

Section V. Documentary Evidence 40

Section V. Documentary Evidence
148. (Offer of documentary evidence, etc.)
1. Documentary evidence shall be offered through the presentation of a document in the possession of a party or through a motion for an order requiring the holder of a document to produce the document.

2. Notwithstanding the provisions of Paragraph 1, documentary evidence may be offered through a motion filed with the court demanding that the court request the holder of a document to send the document to the court.

3. The court may, where the court deems it necessary, keep custody of any document that is presented or sent to the court.

149. (Attachment of translation, etc.)
1. When documentary evidence is offered through the presentation of a document written in a foreign language, a translation of the parts of the document with respect to which evidence is being offered shall be attached.

2. Where the adversary party has opinions regarding the accuracy of the translation referred to in Paragraph 1, such opinions shall be submitted in writing to the court.

150. (Duty to produce document)
1. Except as otherwise provided in this Code or other laws, production of a document may not be refused by the holder thereof.

2. The holder of a document may refuse the production thereof if the document falls under any of the following categories:
(a) a document that contains matters that would give rise to the possibility that the holder of the documents or the spouse or other relative thereof could be prosecuted for or found guilty of a crime, or that would bring humiliation or disgrace on such person or cause significant harm to his/her domestic relationships;

(b) a document that involves the official secrets of a public official, where production of such document would significantly hinder the exercise of public duties; or

(c) a document involving facts learned by a current or former doctor, dentist, midwife, nurse, pharmacist, attorney or clergyman in the course of his/her professional duties, or technological or business secrets, and the holder of the facts or secrets has not been released or exempted from the duty to maintain confidentiality.

151. (Motion for order to produce documents)
1. A motion for an order to produce documents must specify the following matters in detail:
(a) the title of the document, and a basic description of its contents;
(b) the holder of the document; and
(c) the facts to be proven thereby.
2. A motion for an order to produce documents must be made in writing.
3. Where the adversary party has opinions regarding the motion described in Paragraph 2, such opinions shall be submitted in writing to the court.

152. (Order to produce documents, etc.)
1. Where the court determines that sufficient grounds for an order to produce documents exist, the court shall issue a ruling ordering the holder of the documents to produce such documents. In this case, where the documents contain parts that are deemed outside the scope of inquiry, or as to which no duty to produce is deemed to exist, the court may order that such parts be omitted from the documents produced.

2. Where the court intends to order a third party to produce documents, the court shall examine of the third party.
3. A Chomtoah appeal may be made against a ruling on a motion to produce documents.

153. (Effect of party's failure to comply with order to produce documents, etc.)
1. When a party fails to comply with an order to produce documents, the court may deem the other party's allegations regarding the contents of such documents to be true.

2. The rule set forth in Paragraph 1 shall also apply to cases where, in order to prevent its use by the other party, a party causes a document that the party was required to produce to be lost, or otherwise makes it impossible for the other party to use the document.

3. In the cases described in Paragraphs 1 and 2, where the other party has substantial difficulty in making specific allegations regarding the contents of a document and in proving by other means a fact that was to be proven by such document, the court may deem the other party's allegations regarding such fact to be true.

154. (Civil fine for failure of third party to comply with order to produce
documents)
1. Where a third party fails to comply with an order to produce documents, the court may issue a ruling imposing on the third party a civil fine of not more than 2,000,000 riels.

2. A Chomtoah appeal may be made against a ruling issued pursuant to Paragraph 1.

155. (Execution of document)
1. A party offering documentary evidence shall prove that the document was authentically executed.

2. A document that is determined, based on its form and content, to be created by a public official in the course of official business, shall be presumed to be an authentically executed official document.

3. Where doubt exists regarding the authenticity of an official document's execution, the court may, on its own authority, inquire of the relevant government agency or official.

4. Unofficial documents signed by the principal or the principal's representative shall be presumed to have been authentically executed.

5. The provisions of Paragraphs 2 and 3 shall apply mutatis mutandis to documents deemed to have been created by a foreign government agency or official.

156. (Proof by handwriting comparison, etc.)
1. The authenticity of a document's execution may be proven through handwriting comparison.
2. The provisions of Article 148 (Offer of documentary evidence, etc.), Article 152 (Order to produce documents, etc.) and Paragraphs 1 and 2 of Article 153 (Effect of party's failure to comply with order to produce documents, etc.) shall apply mutatis mutandis to the production or sending of documents and other items necessary in order to perform handwriting comparison.

3. If there is no suitable sample of the adversary party's handwriting for purposes of comparison, the court may order the adversary party to write text to be used for purposes of comparison.

4. If a party fails without reasonable cause to comply with a ruling issued pursuant to Paragraph 3, the court may deem to be true the allegations of the person offering the document in evidence as to the authenticity of the document's execution. This shall also apply where the writing has been altered or disguised.

5. If without reasonable cause a third party fails to comply with an order to produce documents issued pursuant to the provisions of Paragraph 1 of Article 153 (Effect of party's failure to comply with order to produce documents, etc.), which apply mutatis mutandis under Paragraph 2, the court may issue a ruling imposing on the third party a civil fine of not more than 2,000,000 riels.

6. A Chomtoah appeal may be made against a ruling made pursuant to Paragraph 5.

157. (Civil fine against person disputing authenticity of execution of document)
1. Where a party or the party's representative intentionally or through gross negligence falsely disputes the authenticity of a document's execution, the court may issue a ruling imposing a civil fine of not more than 1,000,000 riels against the party or representative.

2. A Chomtoah appeal may be made against a ruling made pursuant to Paragraph 1.
3. In cases referred to in Paragraph 1, where the party or representative that disputed the authenticity of execution of a document thereafter recognizes the document's authenticity while the suit is still pending, the court may, depending on the circumstances, rescind its ruling referred to in that Paragraph.

158. (Application of articles corresponding to documents)
The provisions of this Section shall apply mutatis mutandis to articles such as drawings, photographs, audio and video tapes, and other items that are not documents but were created in order to express information.

159. (Offer of documentary evidence comprising transcription of audio tapes, etc.)
A party that offers documentary evidence comprising a transcription of an audio tape, video tape or other article on which certain matters can be recorded using corresponding methods shall, in cases where the other party has requested delivery of a copy of such article, deliver a copy thereof to the other party.

160. (Submission of document explaining contents of recording tape, etc.)
1. A party offering examination of evidence on an audio tape or any other article described in Article 159 (Offer of documentary evidence comprising transcription of audio tapes, etc.) shall, when so requested by the court or the other party, submit a written transcription of those recorded in the article or a document that explains the contents thereof.

2. Where the adversary party has opinions regarding the contents of the explanation provided for in the document mentioned in Paragraph 1, such opinions shall be submitted in writing to the court.

Section IV. Expert Testimony 122

Section IV. Expert Testimony
143. (Offer and scope of expert testimony)
1. The court may order expert testimony based on an offer thereof from a party.
2. When expert testimony is offered, a document that includes the matters on which the expert testimony is sought shall be submitted at the same time. However, where an unavoidable reason exists, the document may be submitted within a time period set by the court.

3. The court shall hear the opinions of the other party regarding the offer described in Paragraph 2.
4. The court shall determine the subject matter and scope of the expert testimony based on the document submitted pursuant to Paragraph 2 after hearing the opinions of the other party in accordance with Paragraph 3. In this case, the document containing the subject matter and scope of the expert testimony shall be provided to the expert witness.

144. (Designation of expert witness, duty to give expert testimony)
1. Expert witnesses shall be designated by the court.
2. Any person having the necessary education and experience to provide expert testimony has the duty to provide such testimony.
3. A person cannot serve as an expert witness in the following situations:
(a) the expert witness or the spouse or other relative of the expert witness could be prosecuted for or found guilty of a crime as a result. This shall also apply where the expert testimony would bring humiliation or disgrace on such person;
(b) the subject matter of the expert testimony involves official secrets held by a current or former public official. However, this shall not apply where the approval of the government agency supervising the activities of such official is obtained; Such supervising government agency may not refuse to give its approval, except in cases where granting such approval might harm the public interest or significantly hinder the exercise of public duties;

(c) the subject matter of the expert testimony involves facts that were learned by a current or former doctor, dentist, midwife, nurse, pharmacist, attorney or clergyman in the course of his/her professional duties, and that should remain confidential; and/or

(d) the subject matter of the expert testimony involves technological or business secrets.
4. The supervising government agency referred to in subparagraph (b) of Paragraph 3 shall be, with regard to a current or former senator, the Senate, with regard to a current or former member of the National Assembly, the National Assembly, and with regard to a current or former member of the government, the Cabinet.

5. The provisions of subparagraphs (b) through (d) of Paragraph 3 shall not apply where the expert witness has been released or exempted from the duty to maintain confidentiality.

145. (Challenge of expert witness)
1. Where circumstances exist that would hinder an expert witness from testifying in good faith, a party may challenge the expert witness before the expert witness makes any statement regarding the subject matter of the expert testimony. Such a challenge may be made even after the expert witness makes a statement, where the grounds for the challenge arise or the party learns of such grounds after the making of the statement.

2. A motion to challenge shall be made in writing, except in the case where it is made on a court date.
3. The grounds for challenge shall be proved to a preliminary showing.
4. No objection may be made to a ruling upholding a challenge.
5. A Chomtoah appeal may be made from a ruling denying a challenge.

146. (Method of making expert witness statement, questioning by expert witness, etc.)
1. The court may allow an expert witness to present his/her opinions verbally or in writing.
2. Where necessary for the giving of expert testimony, an expert witness may attend the court hearing and ask the court to examine a party or a witness, or may, with the court's permission, question a party or witness directly.

147. (Mutatis mutandis application of provisions regarding examination of witnesses, method of administering oath)
Except as otherwise provided, the provisions of BOOK II, Chapter III, Section II of this Code (Examination of witnesses) shall apply mutatis mutandis to the examination of an expert witness, except that the provisions of Article 132 (Duty to serve as witness), Paragraph 2 shall not apply.

very cute nurse kikilu a89

An Overview of Laparoscopic Surgery

Gone are the days when you needed to experience the blade for a minor therapeutic condition. With the presentation of laparoscopy or insignificantly intrusive surgery, it has now gotten to be anything but difficult to diagnose and treat pretty much every medicinal condition.

What is Laparoscopic Treatment?
Before going any further, it is imperative for us to comprehend what is laparoscopic treatment? Amid this sort of treatment, the specialists make minor cuts and supplement modest instruments and a cam keeping in mind the end goal to view the interior organs and repair or uproot the harmed tissue of your body. The cam clicks the picture of the organs inside the body and transmits the pictures onto a TV screen connected to the gadget.

The specialist not at all like the routine surgery does not see straightforwardly into the patient utilizing a vast entry point. The camcorder goes about as the specialist's eyes and the specialist utilizes the picture that is transmitted from the camcorder to perform the methodology. The fundamental highlight of this sort of surgery is that the recuperation time is quicker when contrasted with the customary surgery and the torment and distress included is likewise insignificant.

Things to recollect Here are a few rules from Rajpal doctor's facility in Koparkhairane that you ought to take after before you strive for this system: € You have to get conceded in the doctor's facility couple of hours before the surgery time. € General anesthesia is regulated before the technique. € You have to illuminate the specialist of any sort of anaphylaxes that you may have well ahead of time. € Inform the specialist on the off chance that you are on any sort of pharmaceuticals. € Avoid sustenance and water eight hours prior to the technique. € Do not wear or convey lavish gems for the system.

Focal points of Laparascopic Surgery There are numerous focal points of experiencing laparoscopic surgery treatment. In Koparkhairane, Rajpal Hospital offers the best administration in terms of this kind of method and is one of the finest orthopedic and break doctor's facility in Koparkhairane.

Here are the focal points of choosing insignificantly obtrusive surgery: € Shorter recuperation time € Shorter doctor's facility sit tight € Small scars € Less inner scarring € Minimal post-agent inconvenience € Lesser possibilities of confusions At the point when is Laparoscopy Performed? Some ordinarily performed operations include: € Removal of the gallbladder. This is some of the time called a laparoscopic cholecystectomy, or 'lap choly' for short.

It is currently the most widely recognized path for a gallbladder to be evacuated. € Removal of the addendum. € Removal of patches of endometriosis. € Removal of parts of the digestion tracts. € Female cleansing. € Treating ectopic pregnancy. € Taking a biopsy or a little specimen of different structures inside the midriff which can be taken a gander at under the magnifying inst

japan student kikilu on bus 96

The Prevention and Treatment Program

The balance of treatment and prevention are almost focused on the long term of requirement for the future. So as Community Health Worker (CHW), you are required to visit and work with your villagers all the times and help them to find the better way to solve their problem. Almost of their communication, first of all is to ask for your support to treat their sickness. But you should to think that when you try to help them in healthcare, you should imagine that what happen in the future? Therefore you can clarify that all these sickness and pains are be able to prevent and we can practice the prevention by themselves. Please be careful, sometimes the health manager and CHW in your community are strongly reactive to the patient without limitation in helping to treat the patients but sometimes it is not effective. For the patient had already sickness if treatment did not match with the requirement it caused to loose cooperation and it was affected to the prevention program as well. The treatment and the prevention program went to the same way. The small treatment can help and prevent from serious case. If you can educate the villagers about their health issues and treat them at home so we can prevent them from the sickness “The urgent treatment is the way of prevention program”

If you want to make a good cooperation you should start from the location where crowd people and you should make a balance in treatment and prevention program – the balance in living of the villagers it means the healthcare and treatment. To help anyone in the village, first of all you should be careful and gather more information especially older people in the village, did they visited their regularly health checking? And in the other care you do not tell the mother has baby sickness about the prevention program is very important than treatment, but you can tell her about this when her baby was get better “The prevention program is very important than other” The implementation of treatment is prevention program when they come to find the treatment and you have an opportunity to discuss with them about the prevention program as well. For example the mother brought their child who has sickness to you house to start this, first of all you explain more detail about the how to treat this child? And you can have an opportunity to tell to mother and child about how the worms transmit to our body? What should we prevent? As you are a CHW you should observe every time to get more detail but not try to find fall them just try to support them and help them effectively in prevention. During your visit in the community you can the habit of the villagers what did they do in the rainy and dry seasons. What the most fact of transmit? What diseases and sickness happened in the village? Where did they treat? So in each village you can collect further data and information and you can write the case for each village to keep as Case Management. This method can help you to track all information in each disease or village and it is easy way for you to report to Health Authorities and stakeholders. It is an importance for seeking and mobilizing the resources of support from the donor or social charities or NGOs.

In conclusion as you are a community health worker, you should make house to house visit rather than the villagers come to meet you at home. The reasons to visit their home are to observe their house environment, it is clean? Did they grow any vegetable? Is there any older person in their house? And you also have any opportunity to explain about the importance of prevention program and talk about elementary treatment like one word said “The prevention is better than treatment”. It doesn’t mean the cow jump in the farm and eat at all anything in the farm and then the farmer built the fence later like that. We should build the fence before the cow jumps in the farm to eat at all in the farm. Therefore the prevention program is important than treatment but make them balance, the treatment and prevention are the same way to support the community health and villagers will live with healthy environment