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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