The possibility to transfer a case to another court should be maintained, but should be used as an exception
30 September, 2020
The regulation of Section 321 of the Civil Procedure Law, which allows transferring cases from one court to another, is used as a solution for levelling of workload between courts and faster examination of cases under civil procedure. The Judicial Council discussed whether this provision, which was introduced into the law for a definite period of time, should be determined as a permanent provision of the law. Practice shows that the grounds for transferring a case are not always sufficient and do not always meet an objective of this exception, i.e. to speed up the proceedings, as well as the availability of court to the participants in the proceedings is not sufficiently assessed at all times.
The Judicial Council agreed that this provision of the Civil Procedure Law should be maintained, but applied reasonably and only in exceptional cases. Consequently, it is necessary to examine whether the Guidelines approved by the Judicial Council when organizing the transfer of a case accepted for adjudication to another court for faster examination of the case should be updated.
The decision was adopted by the Judicial Council at its meeting on September 28, 2020.
Information prepared by
Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court
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