2. Content
I. Introduction
II. Ten step to take before filing lawsuit
III. How to filing lawsuit
IV. Litigation Costs ( Civil Procedure )
A. Filing Fees
B. Court Fees other than tax
C. Party Costs
V. Court Fees ( Criminal Procedure)
VI. Conclusion
VII. References
3. I. Introduction
Terminology
What is Lawsuit?
Lawsuit is a civil action brought in a court of law
in which a plaintiff, a party who claims to have
incurred loss as a result of a defendant's actions,
demands a legal or equitable remedy
Fee for lawsuit
Fee for lawsuit is the among of the spending in the
process when we filing lawsuit.
4. Ten steps before filing lawsuit
1. Evaluate Whether You Have a Good Case
2. Determine the Theories of Law Under Which You
Will File Your Case
3. Determine Whether You Have Evidence to Prove
Your Case
4. Determine Whether There Are Witnesses to Help
Prove Your Case
5. Determine the Expenses You Will Incur, and Be
Financially Prepared
5. CON’T
6. Consider Whether You Have the Physical and
Emotional Energy
7. Think About Whether the Defendant Will Sue You
Back
8. Carefully Consider Whether You'll Be Able to
Collect on a Judgment
9. Check Whether Your Lawsuit Is Timely
10. Attempt to Settle Your Dispute by Less Costly
Means
6. How to filing lawsuit
Plaintiff files a complaint and summons with the
local county court. When a matter becomes involved
in a lawsuit, the process becomes known as litigation.
The complaint and summons are served on the
defendant or a designated registered agent.
After being served, the defendant has a specified time
period to file an answers with the Court.
The next stage of the lawsuit process is known as
discovery. Discovery allows for each party to request
information including answers to questions and
documents
7. CON’T
Failing to respond to discovery in a timely or factual
manner can lead to severe legal consequences.
However, the opposing counsel will typically file a
motion to compel. A motion to compel asks the judge
to enforce the discovery requests against the opposing
party
A motion for entry default judgment should be filed
when the defendant fail to answer the complaint.
Most lawsuits then proceed into mediation where a
settlement is hopefully reached between the parties
8. CON’T
If mediation is not successful, or the case goes
directly to trial, a judge or jury will make a ruling and
enter a judgment at the close of all evidence and
argument.
After the judge enters a judgment, the losing party
will have to pay on the judgment. Many parties fail to
pay the judgment. Upon failure to act or pay on the
judgment, the winning party may need to enforce the
judgment.
9. II. Litigation Cost (Civil Procedure)
A. Register Tax
When lawsuit occurred, plaintiff need to pay
money due to other objectives:
If the cost of lawsuit is 10 million Riels, so it
must pay 1.000 R per 100.000 R.
More than 10 million until 100 million Riels, it
must pay 700 R per 100.000R.
More than 100 million until 1000 million Riels,
it must pay 300 R per 100.000R.
Mote than 1000 million Riel, it must pay 100 R
per 100.000R.
10. Court costs other than filing fees
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.
11. PARTY COST
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.
12. Apportionment of litigation costs
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.
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
Joint parties shall bear an equal share of the litigation costs.
13. Lawsuit Registration Tax
◦ Cases First instance Appeal court Supreme court
Civil 1,000.00R 1,500.00R 2,000.00R
Commercial 1,000.00R 1,500.00R 2,000.00R
Labor dispute 1,000.00R 1,500.00R 2,000.00R
Administrative 1,000.00R 1,500.00R 2,000.00R
These are up on to Article 7 of Law on Court’s Fee.
14. Court Fee ( Criminal Procedure)
Article 553: Court Fees
The court fees shall be the responsibility of the State.
The list of court fees, rates tables of the court fees and the
general modalities shall be determined by Prakas.
Article 554: Proceeding Taxes
Each convicted person is required to pay a lump sum of
proceeding taxes to the State. The amount of the proceeding
taxes may vary depending on the type of case.
The amount of the proceeding taxes shall be determined by
Prakas.
15. V. Conclusion
There are many step we need to know before we want to filing
lawsuit. We need to know whether we had enough equipment
to deal with it or not. Fee for law suit is very important in term
of limit how to pay in any cases in the court. Therefore, Both
party must pay their cost to the court.
16. VI. References
Civil Procedure, Art. 61 and 62
Criminal Procedure, Art. 553 and 554
www.thefreedictionary.com/lawsuit
www.northwestregisteredagent.com/lawsuit.html
www.allbusiness.com/10-steps-before-file-
lawsuit/16691363-1.html
