Section II. Imposition of Litigation Costs
64. (Apportionment of litigation costs and compensation for costs)
1. Litigation costs shall be borne by the losing party. The apportionment of litigation
costs between the parties in case of a partial defeat shall be left to the discretion of
the court.
2. Notwithstanding the provisions of Paragraph 1, the court may, in accordance with
the circumstances, impose all or part of the litigation costs on a prevailing party
who has performed acts of litigation unnecessary to assert or defend its case or who
has delayed the proceedings.
3. Joint parties shall bear an equal share of the litigation costs. However, the court may,
in accordance with the circumstances, impose litigation costs on the joint parties
jointly and severally, or may impose a greater share of litigation costs on a party
who has performed acts of litigation unnecessary to assert or defend their case.
4. Where a legal representative, appointed representative or court clerk intentionally
or through gross negligence causes unnecessary costs to be incurred, the court in
which the action is pending may, upon motion or on its own authority, order [via
ruling] that such person pay compensation for such costs.
5. A Chomtoah appeal may be filed against the ruling referred to in Paragraph 4.
65. (Decision regarding imposition of litigation costs)
1. When issuing a decision that terminates a case, the court shall, on its own authority,
decide on the imposition of all litigation costs incurred in that court.
2. Where a decision on the merits is changed by a higher court, it shall issue a decision
regarding the imposition of all litigation costs incurred so far. This shall also apply
where a court to which a case has been remanded or transferred issues a decision
that terminates the case.
3. Where the case is terminated other than through a judicial decision, the court of first
instance shall, upon motion, issue a ruling imposing litigation costs. However,
where the case is settled, litigation costs shall be imposed in accordance with those
set forth in the settlement. If the settlement does not address the imposition of
litigation costs, each party shall bear those costs that they have incurred.
66. (Procedures to fix amount of litigation costs)
1. The court clerk for the court of first instance shall fix the amount of litigation costs
upon motion after the decision imposing litigation costs has become enforceable.
2. In cases referred to in Paragraph 1, where both parties are to bear the litigation costs,
the amount of costs to be borne by each party shall be deemed set off to the extent
that they are equal.
3. A disposition [by the court clerk] relating to the motion referred to in Paragraph 1
shall take effect when notice thereof is given in a manner deemed proper.
4. A motion raising an objection to the disposition referred to in Paragraph 3 must be
raised within one week from the date on which the notice of the disposition is
received. Where the court determines that there are sufficient grounds for the
motion, it shall fix the amount of litigation costs on its own.
5. The period described in Paragraph 4 may not be extended.
Section III. Security for Litigation Costs
67. (Order to provide security)
1. Where a plaintiff does not have a domicile, office or place of business in Cambodia,
the court shall, on the defendant's motion, issue a ruling ordering the plaintiff to
furnish security for litigation costs. This shall also apply where the amount of
security becomes insufficient.
2. Where a defendant has presented oral argument or made statements during the
preparatory procedure for oral argument on the merits of the action while knowing
of the existence of grounds for the furnishing of security, such defendant may not
make the motion described in Paragraph 1.
3. A defendant who makes the motion described in Paragraph 1 may refuse to respond
until the plaintiff furnishes security.
4. In its ruling described in Paragraph 1, the court shall establish the amount of
security and specify time period within which it must be furnished.
5. The amount of security shall be fixed based on the total amount of costs that the
defendant may incur in the trials of all instances.
6. A Chomtoah appeal may be made against the ruling described in Paragraph 1.
68. (Effect of failure to provide security)
Where a plaintiff fails to furnish security within the specified time period, the court may
issue a judgment dismissing [without prejudice] the action without oral argument.
However, this shall not apply where security is furnished before such judgment.
Section IV. In Forma Pauperis (Aid in litigation)
69. (Provision of In Forma Pauperis)
1. The court may, upon motion, order via ruling to provide in forma pauperis (aid in
litigation) for a person who lacks the means to pay costs necessary for the
preparation and maintenance of an action, or for a person who will face extreme
hardship in its life by paying such costs. However, this shall not apply where it is
clear that the person has no prospect of prevailing in the action.
2. A ruling on whether or not to render in forma pauperis (aid in litigation) shall be
made in each court before which the case is pending.
3. The [existence of] grounds for in forma pauperis (aid in litigation) shall be
established to a preliminary showing.
70. (Nature of In forma Pauperis)
1. A ruling ordering the provision of in forma pauperis (aid in litigation) may include
the following elements:
(a) deferment of payment of court costs; or
(b) exemption from the payment of court costs. However, this shall be
limited to cases where, after the deferment of payment has ended, the
court determines such exemption to be proper by taking into account the
party's financial state and other circumstances.
2. A ruling for the provision of in forma pauperis (aid in litigation) shall inure only to
the benefit of the person on whose behalf the ruling is made.
3. Where it is discovered that the beneficiary of a ruling for the in forma pauperis (aid
in litigation) did not meet the necessary requirements set forth in Article 69
(Provision of In Forma Pauperis), or where he/she has no longer meet such
requirements, the court in which the case record resides may, at any time, upon
motion of an interested person or on its own authority, revoke its ruling to provide
in forma pauperis (aid in litigation) and order the payment of costs that had been
subject to deferral or exemption via ruling.
4. A Chomtoah appeal may be made against the rulings described in Article 69
(Provision of In Forma Pauperis) and in this Article.
Loading...
EmoticonEmoticon