Request modifying the proceedings-formulated after the trial resumed

The High Court of Cassation and Justice has decided that after resuming the trial, following the cancellation of the first court judgment for lack of jurisdiction, the plaintiff does not have the possibility of modifying the application for summons. The High Court referred to the provisions of art. 160 Civil Procedure Code (Article 137 NCPC), according to which, in the event the lack of jurisdiction, evidence given in court considered incompetent for lack of jurisdiction are accepted as such and the competent court shall only order their remake for compelling reasons. Therefore, the case concerning  keeping evidence given in court incompetent because of lack of jurisdiction, there is no doubt that the first day of hearings was exceeded, as evidence is a procedural stage at a later phase (after the procedural limits have been checked and the investiture limit fixed). (Decision no. 6964 of November 14, 2012 passed in Appeal Civil Division II of the High Court of Cassation and Justice for annulment of act)

Note: In accordance with Art. 204 of the new Code of Civil Procedure, the plaintiff may amend the application under penalty of forfeiture, only until the first time that it is summoned. Change request for summons over the previous term can only occur with the consent of all parties.

:: The source:

Dan Alexandru NEGRU

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