Chapter Two ORAL ARGUMENT AND PREPARATION THEREFOR
Section I. General Rules
89. (Control of litigation by presiding judge)
1. The presiding judge shall control preparatory proceedings for oral argument and
oral argument.
2. The presiding judge may allow statements, or prohibit persons failing to follow
orders from making statements.
90. (Authority to request explanation, etc.)
1. In order to clarify any factual or legal ambiguity in the case, the court may, on the
date set for preparatory proceedings for oral argument or on the date set for oral
argument, question the parties or suggest that they present arguments or evidence
on such matter.
2. The parties may ask the court to present any necessary questions to the other party
on the date set for preparatory proceedings for oral argument or on the date set for
oral argument.
3. The court may, on any date other than court dates, issue a finding that an
explanation is required and order the parties to prepare to provide such an
explanation at the next scheduled court date.
91. (Objection to control of action, etc.)
Where a party raises an objection to the control of preparatory proceedings for oral
argument or oral argument, or to measures taken by the court pursuant to the provisions
of Paragraph 1 of Article 90 (Authority to request explanation, etc.), the court shall
render a decision on the objection via ruling.
92. (Duty of party to investigate)
Parties shall thoroughly investigate in advance the factual relevance of witnesses and
other evidence in a case so that they can fully present and prove their allegations.
93. (Time for advancing offensive or defensive measures)
Offensive and defensive measures shall be advanced at the appropriate time in
accordance with the progress of the litigation.
94. (Dismissal of offensive or defensive measures for late submission)
1. Where an offensive or defensive measure is advanced by a party after the proper
time through willful intent or gross negligence, the court may dismiss such
measure upon motion or on its own authority if it determines that the measure
would delay the conclusion of the litigation.
2. Paragraph 1 shall also apply even where the purpose or effect of the offensive or
defensive measure is unclear, in the event the party fails to provide a necessary
explanation or fails to appear on the date on which such explanation is to be
provided.
95. (Facts on which court may base judgment)
The court may not base its judgment on any fact that has not been alleged by either
party.
96. (Admission)
1. Where a party does not make clear that such party contests a fact asserted by the
adversary party at oral argument or at preparatory proceedings for oral argument,
the party shall be deemed to have admitted such fact. However, this shall not
apply where the court determines, based on all of the circumstances surrounding
the progress of and what has been presented at the trial, that the party contested
the fact.
2. Where a party states that he/she is ignorant of a fact alleged by the adversary party,
such party shall be presumed to have contested the alleged fact.
97. (Attempt to compromise)
The court may attempt to effect a compromise settlement at any stage of the litigation.
98. (Loss of right to raise objection regarding proceedings)
1. Where the adversary party or the court conducts an act of litigation in violation of
provisions of procedural law, a party may raise an objection thereto with the court
and challenge its validity.
2. Where a party knows of, or reasonably could have known of the violation
described in Paragraph 1 and fails to object without delay, the party loses the right
to object. However, this shall not apply in cases where such right cannot be
waived.
99. (Severance and consolidation of cases)
1. The court may order the severance or consolidation of cases via ruling, and may
also rescind such a ruling.
2. Where the court orders, at oral argument, consolidation of cases in which the
parties are different, if a party who has had no opportunity to examine a witness
that has already been examined makes a motion to examine such witness, the
court shall re-examine such witness.
100. (Presence of interpreter, etc.)
1. Where a person who participates in the proceedings of a civil litigation does not
speak Khmer, or cannot hear or speak, the court shall ensure that a qualified
interpreter is present. However, the court may question in writing persons who
cannot hear or speak, or allow them to make statements in writing.
2. The provisions regarding expert witnesses shall apply mutatis mutandis to
interpreters so long as they are not inconsistent with the nature of the activities
performed thereby.
Section II. Preparatory Documents
101. (Preparatory documents)
1. The court may require parties to submit preparatory documents in connection with
preparatory proceedings for oral argument or oral argument.
2. Preparatory documents shall set forth offensive or defensive measures as well as
statements in opposition to the offensive or defensive measures of the other party.
3. The preparatory document initially submitted by the defendant shall set forth
responses to the claims contained in the complaint, as well as an admission or
denial of the facts alleged therein, facts that constitute affirmative defense, and
other statements.
102. (Period for submission of preparatory documents)
The court may designate the period within which a defendant's initial preparatory
document or a preparatory document containing allegations regarding a particular
matter shall be submitted, or within which evidence regarding a particular matter must
be offered.
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