Article 165. Actions of a judge to prepare a case for trial of the Civil Procedure Code of the Republic of Kazakhstan
In order to prepare the case for trial, taking into account the circumstances of the case, the judge performs the following actions::
1) within three working days from the date of acceptance of the claim, sends, in accordance with the procedure provided for in Chapter 11 of this Code, or hands over to the defendant and third parties copies of the claim and documents attached thereto substantiating the plaintiff's claims, and also obliges the defendant to submit, within the prescribed period, a written response to the claims filed by the plaintiff, accompanied by evidence substantiating the arguments;
2) if the defendant or other persons participating in the case declare to the court that the documents attached to the claim have not been received, the court shall ensure that they are reviewed in court, and if there is a request from these persons for service, obliges the plaintiff to provide copies of these documents.;
3) explains to the parties their procedural rights and obligations, offers explanations on the submitted procedural documents and circumstances that are mutually disputed by the parties.;
4) explains to the parties the legal consequences of late submission of evidence within the time limit set by the court and unjustified delay of the process established by this Code.;
5) explains to the parties the right to resolve the dispute by a settlement agreement, an agreement on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute through a participatory procedure, or to apply for dispute resolution to arbitration, the court of the Astana International Financial Center and their legal consequences;
6) explains to the legal representatives of the minor plaintiff or defendant the right to apply for the transfer of the case under the jurisdiction of the district and equivalent court at the place of residence (location) of the child;
7) resolves the issue of the composition of the persons involved in the case, including the entry of third parties into the case, and also resolves the issue of replacing an improper defendant;
8) notifies of the receipt of a claim to the court of persons interested in the outcome of the judicial proceedings in this case.;
9) at the request of a party or on its own initiative, appoints an expert examination, and also resolves the issue of involving a specialist or translator in the case.;
10) resolves the issue of summoning witnesses to the court session;
11) at the request of a party, obliges citizens and legal entities to provide evidence relevant to the proper consideration and resolution of the case, and explains the legal consequences established by part seven of Article 73 of this Code.;
12) in urgent cases, carry out, with the notification of the persons participating in the case, an on-site inspection of written and material evidence.;
13) sends court orders;
14) at the request of the plaintiff, issues a ruling on the return of the claim filed by him;
15) if a participatory procedure was conducted between the parties in the course of a pre-trial settlement, or when accepting a claim, the evidence reflected in the pre-trial protocol was mutually disclosed and presented, obliges the parties to submit documents and evidence obtained during the participatory procedure or reflected in the pre-trial protocol.; interviews the plaintiff on the merits of his claims, finds out from him the facts disputed by him, possible objections from the defendant, offers, if necessary, to provide additional evidence, explains to the parties their procedural rights and obligations.;
16) performs other procedural actions necessary for the proper and timely consideration and resolution of the case.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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