Chapter Four LITIGATION COSTS3
Section I. Definitions and Types of Litigation Costs
59. (Scope and amount of costs of civil action to be borne by parties or other
persons)
The parties or other persons4 shall bear [1] the "court costs" set forth in Articles
61(Filing fee) and 62 (Court costs other than filing fees) and [2] the "party's costs" set
forth in Article 63 (Party's costs), in accordance with the provisions of Article 64
(Apportionment of litigation costs and compensation for costs).
60. (Computation of value of subject matter of action, computation of value of
joint claims)
1. The value of the subject matter of an action shall be computed based on the value of
the interest claimed in the action. Where multiple claims are asserted in one action,
the value of the subject matter of the action shall be computed by aggregating the
values of the multiple claims; provided however that, where the interest asserted in
the action is the same for each claim, this shall not apply with respect to these
claims.
2. Where a claim for fruits [including any kinds of asset-derived income], damages,
compensation for breach of contract or costs is an incidental object of the action,
the value of such claim shall not be included in the computation of the value of the
subject matter of the action.
3. Where it is difficult to determine the value of the action in accordance with
Paragraph 1, the court shall determine the value of the action in its reasonable
discretion. Where it is impossible to determine the value of the action, the value
shall be deemed 5,500,000 riels.
2 An "assistants" is a person who allowed to supplement arguments or statements presented by the party or
representative or clarify the grounds of the assertion of the party, where the action requires highly specialized or
technical knowledge to resolve the case (e.g., an intellectual property related case) or where the party suffers from a
speech disorder, defect of hearing ability, etc.
3 "Litigation costs" as used in this translation include both (i) "court costs" which are comprised of "filing fee" (Art.
61) and "advance" (Art. 62) and (ii) "party's costs" (Art. 63).
4 Costs to be borne by "other persons" are only the ones set forth in Paragraph 4 of Article 64.
61. (Filing fee)
1. When a suit is filed, a fee determined by means of the following formulae in
accordance with the value of the subject matter of the action shall be paid to the
court:
(a) for the portion of the value of the subject matter of the action up to
10,000,000 riels, 1,000riels for each 100,000 riels;
(b) for the portion of the value of the subject matter of the action exceeding
10,000,000riels and up to 100,000,000 riels, 700riels for each 100,000
riels;
(c) for the portion of the value of the subject matter of the action exceeding
100,000,000 riels and up to 1,000,000,000 riels, 300 riels for each
100,000 riels;
(d) for the portion of the value of the subject matter of the action exceeding
1,000,000,000 riels, 100 riels for each 100,000 riels.
2. The value of the subject matter of an action, on which the determination of the
amount of the filing fee is based in Paragraph 1, shall be computed in accordance
with the provisions of Article 60 (Computation of value of subject matter of action,
computation of value of joint claims).
3. When an Uttor appeal is filed, a fee equal to 1.5 times the fee computed in
accordance with Paragraph 1 and 2 shall be paid to the court. When a Satuk appeal
is filed, a fee equal to twice the fee shall be paid to the court.
4. When a motion for retrial is filed, a fee equal to 10,000 riels shall be paid to the
court.
5. When a motion for a demand ruling is filed [in accordance with the demand
procedure set forth in BOOK V of this Code], a fee equal one half of the fee
calculated in accordance with paragraph 1 above shall be paid to the court. If the
motion is deemed as filing a complaint pursuant to paragraph 2 of Article 327
(Effect of objection to issuance of demand ruling brought after declaration of
provisional execution) or Article 331 (Conversion to litigation arising from
provisional execution), the person who made the motion shall pay a fee calculated
by extracting the fee paid for the motion for a demand ruling from the fee
calculated pursuant to paragraph 1 above.
6. When a motion or request for the court's decision is filed over any matter other than
those matters set forth in Paragraph 1 and Paragraphs 3 through 5, a fee equal to
5,000 riels shall be paid to the court.
7. Fees shall be paid by cash at the reception area of the court. A motion for which the
required fee is not paid shall be deemed an unlawful motion.
8. In the following cases, the amount of fee set forth below shall be returned on the
motion of the person who paid the fee:
(1) where the fee was paid in excess:
- the portion of the fee paid in excess;
(2) where a settlement has been reached between the parties before the
commencement of oral argument, where an action has been discontinued prior
to the end of the first hearing date for oral argument, or where a decision
dismissing [without prejudice] the suit prior to oral argument has become final
and binding:
- half of the fee paid.
62. (Court costs other than filing fees)
1. Amounts determined by the court as set forth below shall be paid as court costs by
the parties or by persons interested in the case:
(a) an amount which is necessary for the court to investigate the evidence,
deliver documents, or carry out any other procedural act during civil
litigation;
(b) an amount equivalent to necessary travel and lodging costs for a judge
and a court clerk, where investigation of the evidence, investigation of
the facts, or other action is to be carried out outside the courtroom.
2. The party or the interested person who is required to make payment pursuant to
Paragraph 1 shall be, [1] with regard to costs to be incurred in conducting acts
initiated upon a motion, the moving party; and, [2] with regard to costs to be
incurred in conducting acts initiated by the court's authority, the person designated
by the court.
3. The court shall require that the costs to be paid by a party or interested person in
connection with acts for which payment is required pursuant to Paragraph 1 be paid
in advance.
4. Where advance payment is ordered in accordance with the provisions of Paragraph
3 but the party or interested person does not make the payment, the court may
refrain from performing the acts requiring payment of such costs.
5. The amount of costs stipulated in Paragraph 1 and unpaid in advance may, upon the
ruling of the court, be collected from the person who is to bear such costs pursuant
to Article 64 (Apportionment of litigation costs and compensation for costs).
63. (Party's costs)
In addition to those costs set forth in Articles 61 (Filing fee) and 62 (Court costs other
than filing fees), the amount of costs set forth below which the court determines as
reasonable by taking into account of the nature of the case, the financial ability of the
parties, and other relevant factors, shall be deemed litigation costs:
(a) costs incurred in producing documents such as complaints or other types of
motions, preparatory documents for oral argument, etc. and costs incurred in
submitting such documents to the court;
(b) travel costs, per diem allowances and lodging costs incurred in connection with
the appearance of the party and his/her representative at court; and
(c) other costs approved by the court as necessary for carrying out the litigation.
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