Trying a Case in Mongolia Court

The case proceeding begins with a report from the judge on a case. The judge then asks whether the plaintiff persists in his/her demands/claim, whether the defendant admits the plaintiff’s demands/claim, and whether the parties wish to conclude a settlement. The plaintiff may withdraw his/her claim without obtaining permission from defendant. A defendant may admit the plaintiff’s claim in whole or in part or litigants may agree to settlement before the Court issues its decision.

If both parties settled before the hearing and if settlement does not violate rights, freedom and interests of other persons protected by law and/or obstruct the law, the Court may issue a decision confirming settlement between litigants and dismissing the case.

The Court decision shall state that the Court costs and the state stamp duty are to be paid by a plaintiff if he/she withdraws his/her claim or by a defendant if he/she admits and accepts the claim’s demand or is to be divided between litigants if they have concluded settlement.

If both parties would not be settled before the hearing parties will proceed to the main litigation.

2.1 Oral arguments between litigants

Before the oral arguments of the litigants, the judge will remind them of their rights and duties and advise them to give truthful explanations.

First, the plaintiff will explain the facts and introduce the claim and legal grounds of claim. After that, the defendant will present their refusal to accept the claim’s demand and explain the legal grounds of refusal.

Again, the claimant must prove the demand of the claim, disputed events and evidence, guilt of the defendant and grounds for the denial of the defendant’s refusal to accept/acknowledge the claim. Afterwards, defendant side will present the grounds and evidence for refusal to admit the claim’s demand. Debate between claimant and defendant will continue 3-4 times depending on the case.

Leave a Reply

Your email address will not be published. Required fields are marked *