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1. Comparison of civil process
Bolor-Erdene.M

2. Civil procedure code of
Mongolia
Civil procedure rules
How does a claim proceeding start?
-To issue claim
3.1. Any person, whose human
rights, freedom, and legally protected
interests provided by
legislation of Mongolia and
international treaties to which
Mongolia is a party, are
considered to be violated, is entitled
to apply to the Court for protection of
the rights,
in accordance with the procedures
provided by this Law and in the form
of claim,
request or complaint.
-To issue claim
But:
7.2 (1) Proceedings are
started when the court
issues a claim form at the
request of the claimant.
(2) A claim form is issued on
the date entered on the
form by the court.

3. Civil procedure code of
Mongolia
Civil procedure rules
3.2. Alternative claim, request or
complaint resolution procedures,
regarding protection of
the rights provided by paragraph
1 of this Article, may be adopted
by legislation.
3.3. Legal disputes, jurisdiction
of which is not determined by
legislation, shall be resolved
by a Court according to the
procedures provided by this Law
(A person who seeks a
remedy from the court
before proceedings are
started or in relation to
proceedings which are
taking place, or will take
place, in another
jurisdiction must make an
application under Part 23)
(Part 16 sets out what the
claim form must include)

4. Civil procedure code of
Mongolia
Civil procedure rules
Contents of the claim form
62.1 A claim shall contain the
following:
62.1.1 the title of the Court in
which the claim is filed;
62.1.2 the family name, father's
name and name of the plaintiff,
place of residence,
or, if it is a legal entity, title,
address and the place where it is
situated
8.2 Where the claimant uses
the Part 8 procedure the claim
form must state—
(a)that this Part applies;
(b)(i)the question which the
claimant wants the court to
decide; or
(ii)the remedy which the
claimant is seeking and the
legal basis for the claim to that
remedy;

5. Civil procedure code of
Mongolia
Civil procedure rules
62.1.3 the family name, father's
name and name of the
defendant, place of
residence, or, if it is a legal entity,
title, address and the place
where it is
situated;
62.1.4 basis and demand of the
claim, and their evidence;
62.1.5 the value of the claim;
62.1.6 a list of documents
attached to the claim.
(c)if the claim is being made
under an enactment, what
that enactment is;
(d)if the claimant is claiming
in a representative capacity,
what that capacity is; and
(e)if the defendant is sued
in a representative capacity,
what that capacity is.

6. Civil procedure code of
Mongolia
Civil procedure rules
The period for filing an
acknowledgment of service
72.1 A claim shall be handed over to
a defendant within 7 days in the
capital city, 14 days
in the rural areas after the date of
initiating a case.
72.2 A defendant must submit
evidence proving grounds for
accepting or rejecting the
claim's demand to the court within
14 days after receipt of a claim or
within a period
determined by the court.
10.3 (1) The general rule is that
the period for filing an
acknowledgment of service is—
(a)where the defendant is served
with a claim form which states
that particulars of claim are to
follow, 14 days after service of the
particulars of claim; and
(b)in any other case, 14 days after
service of the claim form.

7. Civil procedure code of
Mongolia
Civil procedure rules
COUNTERCLAIMS
73.1 The defendant is entitled,
before decision is pronounced
by the Court, to file a
counterclaim against the
plaintiff to be tried with the
original claim. The
counterclaim
shall satisfy the requirements
specified in article 62 of this
Law
20.4 (1) A defendant may make
a counterclaim against a claimant
by filing particulars of the
counterclaim.
(2) A defendant may make a
counterclaim against a
claimant—
(a)without the court’s permission
if he files it with his defence; or
(b)at any other time with the
court’s permission.

8. Civil procedure code of
Mongolia
Civil procedure rules
JUDGMENT
11.2 If citizen or legal entity
does not abide by the court
decision voluntarily, they will
be
forced to abide by the court
decision according to grounds
and procedures specified in
the law.
If a defendant is ordered to
pay by a judge and fails to
do so, the claimant can
enforce the judgment in the
Magistrates ‘Court’