IP/N/1/MNE/O/4  
 
9 April 2013  
(13-1797)  Page: 1/108  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND  
REGULATIONS UNDER ARTICLE 63.2  
OF THE TRIPS AGREEMENT  
MONTENEGRO  
This document reproduces the consolidated text1 of the Law on Civil Procedure, as notified by 
Montenegro on 21 February 2013 under Article 63.2 of the Agreement (see document IP/N/1/MNE/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
MONTÉNÉGRO  
Le présent document contient le texte1 consolidé de la Loi sur les procédures civiles, notifiée par le 
Monténégro le 21 février 2013 au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/MNE/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
M
ONTENEGRO  
En el presente documento se reproduce el texto refundido1 de la Ley de Procedimiento Civil, 
notificado por Montenegro el 21 de febrero de 2013 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/MNE/1).  
                                               
1 In English only. The text in Montenegrin is available for consultation at the WTO Secretariat on 
request./En anglais seulement. Le texte monténégrin peut être consulté, sur demande, auprès du Secrétariat 
de l'OMC./En inglés solamente. El texto en montenegrino se puede consultar, previa solicitud, en la Secretaría 
de la OMC. 
 IP/N/1/MNE/O/4 
 
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  LAW ON CIVIL PROCEDURE 
 
("Official Gazette of Republic of Montenegro", No. 22/04 and 76/06) 
(consolidated text)  
 
PART ONE 
 
GENERAL PROVISIONS 
 
TITLE ONE 
 
BASIC PROVISIONS 
 
Article 1 
This Law defines rules of procedure on the basis of which the court deliberates and decides on 
personal and family disputes, labor disputes, property and other civil disputes between natural and legal persons, unless some of the mentioned disputes have been placed under the competence of 
another public authority under a separate law. 
 
Article 2 
In civil procedure the court shall decide within the limits of the claims which have been filed during 
the procedure. 
The court may not refuse to decide on the claim that falls within its competence.  
Article 3 
The party shall have legal interest for the claim and any other civil action.  
Article 4 
Parties may freely dispose of claims they filed during the procedure. They may waive their claim, recognize the clai m of the adverse party or settle the dispute. 
The court shall not recognize dispositions by parties which contravene mandatory regulations and 
moral rules. 
 
Article 5 
The court shall decide on the statement of claims on  the basis of an oral, direct and public hearing. 
Exceptionally from the provision of paragraph 1, the court decides on the disputes on the written 
legal actions and on the basis of indirectly presented evidence if the law prescribes so. 
If the law prescribes so, the court may decide that main hearing shall be closed for public. 
 IP/N/1/MNE/O/4 
 
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  Article 6  
The court shall ensure that each party has the right to present his/her arguments on the claims 
and statements of the adverse party. 
The court shall be authorised to decide upon a claim with regard to which the adverse party has 
not been given a possibility to respond only when so provided by this Law. 
 
Article 7 
The civil procedure is conducted in the language which is in official use in the court. 
The parties involved and other participants in the procedure may use their native language or 
other language which they can understand. 
 
Article 8 
Parties shall present all facts on which they gro und their claims and present evidence supporting 
those facts. 
The court is authorised to take into consideration facts that were not presented by parties and 
present the evidence that was not proposed by parties if the outcome of the hearing and presentation of evidence indicate that the partie s intend to dispose of claims which they may not 
dispose of (Article 4, paragraph 3). 
Court may not ground its decisions on the facts and evidence about which the parties were not 
given a possibility to be heard. 
 
Article 9 
The court shall decide on its own which facts shall be considered as proved on the basis of 
conscientious and meticulous evaluation of each in dividual piece of evidence and all evidence in 
their entirety, as well as on the basis of the results of entire procedure. 
 
 
Article 10 
Parties, interveners and their representatives shall speak truth before the court and 
conscientiously use the rights conferred on them under this Law.  
 
Article 11 
The court shall conduct the procedure without any unnecessary delay, within reasonable period of 
time, with the lowest possible costs and shall also prevent any abuse of rights pertaining to the 
parties in the procedure. 
If parties, interveners, their legal representatives and agents intend to cause damage to others or 
abuse rights guaranteed to them by this Law, which is in contravention with good practice, 
conscience and honesty, the court may impose a fine or other measures prescribed by this Law. 
 
Article 12 
The party that does not have a qualified representative (a lawyer or a person who passed bar 
examination) and therefore does not exercise th e right provided under this Law because of not 
being aware of it shall be informed by the court about the civil actions it is entitled to undertake. 
 
Article 13 
Article 13 has been deleted. IP/N/1/MNE/O/4 
 
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Article 14  
When the court's decision depends on preliminary ruling on the matter as to the existence of a 
certain right or legal relationship and such a deci sion has not yet been rendered by the court or 
another competent authority (Preliminary Matter) the court itself may resolve the matter unless 
otherwise stipulated by special regulations. 
Court decision on a Preliminary Matter shall have legal effect only in the litigation in which that 
matter has been determined. 
 
Article 15 
With respect to the existence of a criminal offence and criminal liability of the offender the court 
shall be bound in the civil procedure by a final judgment of the court pronouncing the defendant 
guilty. 
 
Article 16 
A single judge shall adjudicate in the first instance procedure and procedure upon the motion for 
reopening the procedure. 
A three judge Panel shall adjudicate in the second instance procedure. 
A five judge Panel shall adjudicate in the procedur e instituted upon motion for review and request 
for the protection of legality. 
A three judge Panel shall decide on the conflict of jurisdiction and determination of territorial 
jurisdiction. 
 
Article 17 
If for some actions the Law does not prescribe the form in which they may be taken, parties take 
civil actions in writing outside the hearing and orally at the hearing. 
 
TITLE TWO 
 
COURT JURISDICTION 
JOINT PROVISIONS 
 
Article 18 
 
Upon receipt of the claim, the court shall assess if the matter falls within its jurisdiction. 
Determination of jurisdiction shall be based on statements in the complaint and the facts known to 
the court. 
If the circumstances on which the jurisdiction of the court is based change during the procedure, 
the court that was competent at the moment of fili ng the complaint shall remain competent even if 
another court would become competent due to those changes. 
 
Article 19 
During entire procedure the court shall ex officio  have due regard to whether the dispute falls 
within the jurisdiction of the court. IP/N/1/MNE/O/4 
 
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  When, in the course of procedure, the court finds that another authority has jurisdiction for 
resolving the dispute instead of the court it shall declare that it is not competent, annul the actions conducted in the procedure and reject the complaint. 
When in the course of procedure, the court finds that a domestic court does not have jurisdiction 
over the dispute it shall declare that it is not competent, annul the actions conducted in the 
procedure and reject the complaint, except in cases when jurisdiction of the domestic court is dependent on consent of the defendant whereby the defendant granted consent. 
 
Article 20 
During the procedure, the court shall ex officio  have due regard to its subject matter jurisdiction. 
 
Article 21 
If the parties have agreed upon the arbitration in order to resolve a dispute, the court that the 
claim is filed to in the same dispute between th e same parties shall, upon the objection of the 
defendant, declare itself non-competent, annul actions conducted in the procedure and dismiss the 
complaint, unless it finds that the arbitration agreement is not legally effective (Article 474 of this Law), that it has ceased to be effective or that it cannot be fulfilled. 
Objection referred to in paragraph 1 of this Article may be filed by the defendant to the court at 
the latest in the response to the claim. 
 
Article 22 
If the court finds, before the decision on the main subject matter has been rendered, that the 
procedure should be conducted in accordance with the rules of non-contentious procedure, it shall suspend the civil procedure. After the ruling becomes legally effective, the procedure shall be 
continued before the competent court in accordance with the rules of non-contentious procedure. 
Actions conducted and decisions rendered by the civil court (on-the-spot investigation, expert 
evaluation, hearing witnesses and the like) shall not be considered null and void due to the fact 
that they were conducted in the contentious procedure and they do not need to be repeated. 
 
Article 23 
The court may, upon the defendant’s objection, which shall be filed no later than at the time of 
responding to the complaint, declare that it has no territorial jurisdiction. 
The court may ex officio  declare that it has no territorial jurisdiction only when another court has 
the exclusive territorial jurisdiction and not after the response to the complaint has been filed. 
The court will decide on objection referred to in paragraph 1 of this Article at the preliminary 
hearing at the latest or at the main hearing if the preliminary hearing has not been held. 
 
Article 24 
After the court ruling becomes final and enforceable declaring that the matter does not fall within 
its jurisdiction (Articles 20 and 23) the court shall promptly, and no later than three days, forward the case to the competent court. 
The court, to which the case has been forwarde d as the competent court, shall continue the 
procedure as if they were initiated before that court. 
Civil actions taken by non-competent court (on the spot investigation, expert evaluation, hearing 
of witnesses and the like) shall not be considered null and void due to the fact that they were 
conducted by the court that was not competent and they do not need to be repeated. 
 IP/N/1/MNE/O/4 
 
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  Article 25  
If the court to which the case has been forw arded as the competent one considers that the 
jurisdiction lies with the court that forwarded the case or some other court it shall forward within three days the case to the court which is competent to resolve the conflict of jurisdiction, except if 
it finds that the case was forwarded to it by obvious mistake when it should have been forwarded 
to some other court in which case it shall forward the case to another court and notify accordingly the court which has originally forwarded the case. 
When the second instance court rendered decision acting on an appeal against first instance 
decision declaring that it does not have territorial jurisdiction, the determination as to the jurisdiction shall be also binding for the court to which the case has been forwarded if the second instance court which rendered the decision is competent for resolving the conflict of jurisdiction 
between those courts. 
Decision of the second instance court on the subject matter jurisdiction of the first instance court 
shall be binding for any court to which the same case is subsequently forwarded if the second 
instance court is competent for resolving the conflict of jurisdiction between those two courts. 
 
Article 26 
Until the conflict of jurisdiction is resolved, the court to which the case has been forwarded shall 
undertake those procedural actions that may be affected by delay. 
Appeal shall not be allowed on the ruling that decides on the conflict of jurisdiction. 
 
Article 27 
Each court shall conduct procedural actions on its territory of jurisdiction, but if there is a danger 
of delay the court shall conduct some actions on the territory of another court as well. The court 
on whose territory the actions are to be taken shall be informed accordingly. 
 
Article 28 
In respect to the jurisdiction of the courts of the Republic of Montenegro, provisions of 
international law shall apply to trials to the foreign citizens who enjoy immunity, trials to the foreign states and international organisations. 
 
JURISDICTION OF COURTS IN DISPUT ES WITH INTERNATIONAL ELEMENTS 
 
Article 29 
The court of the Republic of Montenegro (hereinafter: Domestic Court) shall be competent to act in 
the dispute involving international elements when its jurisdiction is expressly provided by the Law or an international treaty. 
If the Law or international treaty do not contain an explicit provision about jurisdiction of the 
domestic court for particular category of disputes, the domestic court shall also be competent to decide in such disputes where its competence originates from the provisions of the Law related to the territorial jurisdiction of the domestic court. 
 
SUBJECT MATTER JURISDICTION 
 
Article 30 
In civil procedure, courts shall adjudicate within the scope of their subject matter jurisdiction as 
prescribed by Law. 
 IP/N/1/MNE/O/4 
 
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  DETERMINING THE VALUE OF THE DISPUTE 
 
Article 31 
In property disputes, the plaintiff shall state the value of disputed matter. 
Only the value of the main claim shall be taken as the value of the disputed matter. 
Interests, litigation costs, contractual penalty and other subsidiary claims shall not be taken into 
account if they are not part of the main claim.  
 
Article 32 
If the claim concerns some future installment payments which repeat, the value of disputed matter 
shall be calculated according to their total sum, but only up to the sum that equals the payments 
made over a five-year period.  
 
Article 33 
If one complaint against the same defendant includes several claims based on the same factual 
and legal basis the value shall be decided according to the sum of values of all claims. 
If claims in the complaint arise from different bases or they have been filed against several 
defendants the value shall be determined accord ing to the value of each individual claim. 
 
Article 34 
Where the dispute concerns existence of a rental ag reement or utilization of a dwelling or business 
premises the value shall be calculated based on one year lease, if the rental agreement is 
concluded for a shorter period. 
 
Article 35 
If the complaint requests only the security for cert ain claim or determination of a pledge right, the 
value of disputed matter shall be determined accord ing to the amount of claims that need to be 
secured. If the value of the pledged object is lo wer than the claim that needs to be secured, the 
value of the disputed matter shall be the value of the pledged object. 
 
Article 36 
If the statement of claims does not disclose a monetary value, but the plaintiff states in his/her 
complaint that he/she accepts a certain monetary sum, instead fulfillment of that claim, that sum shall be taken as the value of disputed matter. 
In other cases, when the statement of claims does not refer to a monetary amount, the value 
stated by the plaintiff in the complaint shall be taken as the applicable value of the dispute. 
 
Article 37 
If the plaintiff has not defined value of disputed matter in the complaint or has evidently set the 
value of the disputed matter either too low or too high, the court shall ex officio  or upon objection 
of the defendant no later than at the preliminary hearing, and if the preliminary hearing has not 
been held, at the main hearing before the discussi on on the main subject matter, in an expedited 
and appropriate manner check and verify accuracy of the stated value. The court shall decide on it with its ruling against which the appeal shall not be allowed.  
 IP/N/1/MNE/O/4 
 
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  TERRITORIAL JURISDICTION 
 
1. General Territorial Jurisdiction 
 
Article 38 
If the law does not determine exclusive territorial jurisdiction of some other court, the court that 
has general territorial jurisdiction for the defendant shall be competent for the trial. 
In the cases prescribed by this Law, in addition to the court of general territorial jurisdiction, 
another designated court shall be competent to adjudicate. 
 
Article 39 
The court on whose territory the defendant has permanent place of residence shall have the 
general territorial jurisdiction for the trial. 
If the defendant does not have a permanent place of residence, the court on whose territory the 
defendant has a temporary place of residence shall have general territorial jurisdiction. 
If the defendant, in addition to a permanent pl ace of residence also has a temporary place of 
residence somewhere else, and the circumstances lead to the assumption that he/she will reside 
for a longer period of time in that other place, the court which has the territorial jurisdiction over 
the defendant's temporary place of residence shall have the general territorial jurisdiction as well. 
 
Article 40 
In civil procedure against the Republic of Montenegro, local government units and other forms of 
territorial organisations, general territorial jurisdiction shall be that of the court on whose territory the parliament is seated. 
In trials relating to legal persons, the court on whose territory they have their seats shall have the 
general territorial jurisdiction. In case of doubt, the place where their management is located shall be considered their seat. 
 
Article 41 
In civil procedure against citizens of the Repub lic of Montenegro who live abroad permanently 
where they have been posted to perform delivery or work by a public authority or legal person, the 
court on whose territory they had their last pe rmanent place of residence in the Republic of 
Montenegro shall have general territorial jurisdiction. 
 
2. Special Territorial Jurisdiction 
 
2.1. Exclusive territo rial jurisdiction 
 
Jurisdiction in Real Estate Disputes 
 
Article 42 
The court on whose territory the real estate is located shall have the exclusive jurisdiction for 
adjudicating disputes involving ownership rights an d other substantive rights in or over the real 
estate including disputes involving trespass to the real estate and disputes involving rent of real 
estate. 
Where the real estate is located on the territory of several courts each court on whose territory 
such real estate is located shall be competent. IP/N/1/MNE/O/4 
 
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Jurisdiction in Disputes Involving Military Units 
 
Article 43 
In disputes against the Republic of Montenegro involving military units or institutions, the 
exclusive jurisdiction shall be that of the court on  whose territory the headquarters of the military 
unit or institution is located. 
 
Jurisdiction over Disputes in Enforcement and Bankruptcy 
Procedure 
 
Article 44 
In disputes that emerge during and as a result of  judicial or administrative enforcement procedure 
or during and as a result of bankruptcy procedure, the exclusive territorial jurisdiction shall be that 
of the court on whose territory the court for enforcement or bankruptcy procedure is located or the 
court on whose territory the administrative enforcement takes place.  
 
Article 45 
In disputes in which bankruptcy procedure is in stituted over the plaintiff and defendant, the 
territorial jurisdiction shall be that of the cour t in which the bankruptcy procedure against one of 
the parties has been instituted earlier. 
 Exceptionally from the provision of paragraph 1 of this Article, the territorial jurisdiction for 
deciding on unsecured and secured rights, existence or non-existence of claim towards the bankruptcy debtor and contesting legal actions of the bankruptcy debtor shall be that of the court 
on whose territory the bankruptcy debtor is seated. 
 
2.2. Elective Territorial Jurisdiction 
 
Jurisdiction in Marital Disputes 
 
Article 46 
For conducting disputes whose purpose is determin ation of existence or non-existence of marriage, 
annulment of the marriage or divorce of the marriage (marital disputes), in addition to the court of general territorial jurisdiction, the court on whose territory the spouses have had their last joint 
permanent place of residence shall also be competent.  
 
Jurisdiction in Disputes over Determination or Contesting 
Fatherhood or Motherhood 
 
Article 47 
In the disputes conducted for the purpose of determining of or contesting fatherhood or 
motherhood, a child may file complaint with either the court of general territorial jurisdiction or 
with the court on whose territory he/she has permanent or temporary place of residence. 
 
 IP/N/1/MNE/O/4 
 
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  Jurisdiction in Disputes on Maintenance Support 
 
Article 48 
For judging in the disputes over maintenance support  under the law, if the plaintiff is the person 
who requires the support, in addition to the court who has general territorial jurisdiction, the court 
on whose territory of jurisdiction the plaintiff has his/her permanent or temporary place of residence shall also be considered competent. 
 
Jurisdiction in Disputes for Damages 
 
Article 49 
In trials concerning non-contractual liability for damages, in addition to the court that has the 
general territorial jurisdiction, the court on whose territory the damage has been incurred or the court on whose territory the consequence of the damage is felt shall also be competent to 
adjudicate. 
If the damage has been caused as a result of death or severe bodily injury, the court on whose 
territory the plaintiff has permanent or temporary place of residence shall also be competent to 
adjudicate in addition to the court referred to in paragraph 1 of this Article. 
Provisions of paragraphs 1 and 2 of this Article shall also apply to disputes against insurance 
company for compensation of damage to third parties,  on the basis of regulations on direct liability 
of insurance companies, while provision of the paragraph 1 of this Article shall also apply to 
disputes concerning regress claims for compensation of damages against regress debtors. 
 
Jurisdiction in Disputes for the Protection of Rights Based on 
Manufacturer's Warranty 
 
Article 50 
In disputes for the protection of rights based on written warranty against a manufacturer who 
issued that warranty, in addition to the court of general territorial jurisdiction for the defendant, the court which has the general territorial jurisdiction for the seller who delivered the manufacturer’s written warranty to the buyer during the sale of the item shall also be competent in 
the matter. 
 
Jurisdiction in Labor Disputes 
 
Article 51 
In a labor dispute where the plaintiff is an employ ee, in addition to the court that has the general 
territorial jurisdiction for the defendant, the court on whose territory the service is being done or 
has been done or the court on whose territory the service should be done as well as the court on whose territory the employee has been employed  shall also be competent to adjudicate. 
 IP/N/1/MNE/O/4 
 
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  Jurisdiction Based on the Place where Branch Office of Legal 
Person is Located 
 
Article 52 
In disputes against a legal person possessing a branch office in a place different from its seat, if 
the dispute arose from legal relationships within that branch office, the court where the branch office is located shall also be competent to adjudicate, in addition to the court of general territorial 
jurisdiction. 
 
Jurisdiction According to the Location of Payment 
 
Article 53 
For disputes concerning holder of the bill or check against the signatory, in addition to the court of 
the general territorial jurisdiction, the court on whose territory the payment has been made shall 
also be deemed competent. 
 
Jurisdiction in Inheritance Disputes 
 
Article 54 
Until the decision in probate procedure has become final and enforceable, the court on whose 
territory the court conducting the probate procedure is located, in addition to the court that has 
the general territorial jurisdiction, shall have territorial jurisdiction to adjudicate inheritance 
disputes and disputes involving claims of creditors towards the deceased. 
 
Jurisdiction in Disputes on Trespassing of Movables 
 
Article 55 
In addition to the court of general territorial jurisdiction, the court on whose territory the 
trespassing occurred shall also be competent to adjudicate disputes on the trespassing of movables. 
 
Jurisdiction in Disputes from Contractual Relations 
 
Article 56 
In disputes for determining the existence or no n-existence of a contract, for the purpose of 
enforcement or termination of the contract, as well as in the disputes with a view to the 
compensation of damages arising from the failure to fulfill of the contract, in addition to the court 
of general territorial jurisdiction, the court from the place in which defendant, according to the 
agreement between the parties, is bound to fulfill the contract shall also have territorial jurisdiction. 
 IP/N/1/MNE/O/4 
 
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  2.3. Subsidiary Territorial Jurisdiction 
Jurisdiction over Co-litigants 
 
Article 57 
If one complaint is filed against several individuals (Article 197, paragraph 1, item 1) and the 
same court does not have the territorial jurisdiction for all of them, the court that has territorial jurisdiction over any one of the defendants sha ll be competent to adjudicate, whereas if among 
them there are main and subsidiary debtors, territo rial jurisdiction shall be that of the court of 
main debtor. 
 
Jurisdiction in Marital Disputes 
 
Article 58 
If the domestic court is deemed to have jurisdicti on to resolve marital disputes on the basis of the 
fact that the spouses had the last joint permanen t place of residence within the territory of the 
Republic of Montenegro or because the plaintiff has the permanent place of residence in the Republic of Montenegro, the court of territorial jurisdiction shall be the court on whose territory the 
spouses had the last joint permanent place of residence or the court within whose territory the 
plaintiff has the permanent place of residence. 
 
Jurisdiction in Proper ty Rights of Spouses 
 
Article 59 
If in the disputes upon property claims of the spouses the domestic court shall be competent 
because the property of the spouses is located with in the territory of the Republic of Montenegro 
or because the plaintiff at the ti me of filing the complaint has permanent or temporary residence in 
the Republic of Montenegro, territorially competen t court shall be the court on whose territory the 
plaintiff has permanent or temporary place of residence at the time of filing the complaint.  
 
Jurisdiction in Disputes over Determination of or Contesting 
Fatherhood or Motherhood 
 
Article 60 
If the domestic court has jurisdiction to resolve the dispute for determination of fatherhood or 
motherhood because the permanent residence of the plaintiff is in the Republic of Montenegro, 
territorially competent court shall be that on whose territory the plaintiff has the permanent 
residence. 
 
Jurisdiction in Disputes on Maintenance Support 
 
Article 61 
If a maintenance support dispute includes an international element and the domestic court has 
jurisdiction because the plaintiff has permanent residence within the territory of the Republic of Montenegro, territorially competent court shall be that on whose territory the plaintiff has 
permanent residence. 
If the jurisdiction of the domestic court in the maintenance disputes exists because the defendant 
possesses some property on the territory of the Republic of Montenegro from which the IP/N/1/MNE/O/4 
 
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  maintenance support can be paid, the court on whose area of jurisdiction lies the property shall be 
deemed competent. 
 
Jurisdiction over the Persons without 
General Territorial Jurisdiction in the Republic of Montenegro 
 
Article 62 
Complaint involving property claims against a person for whom the court of general territorial 
jurisdiction does not exist in the Republic of Montenegro may be filed with any domestic court on whose territory any property of that person or the object claimed in the complaint are located. 
If the jurisdiction of the domestic court exists based on the fact that obligation of the defendant 
arose during his/her stay in the Republic of Mont enegro, the complaint may be filed with the court 
on whose area the obligation arose.  
In disputes relating to persons for whom any court in the Republic of Montenegro has general 
territorial jurisdiction, where the dispute concerns  obligations that are to be performed in the 
Republic of Montenegro, the complaint may be filed with the court on whose territory the obligation is to be performed. 
 
Jurisdiction Based on the 
Location of the Representative Office of a Foreign Person 
in the Republic of Montenegro 
 
Article 63 
In disputes against a natural or legal person seated abroad, concerning obligations that arose in 
the Republic of Montenegro or need to be perfor med in the Republic of Montenegro, the complaint 
may be filed with the court on whose territory its permanent representative office for the Republic of Montenegro or the seat of the authority authorised to act on its behalf are located. 
 
3. Reciprocal Jurisdiction in Disputes Involving Foreign Citizens 
 
Article 64 
If in a foreign country our citizen may be sued before the court which according to the provisions 
of the Law would not have territorial jurisdiction for trying in this civil procedure, the same jurisdiction shall be applicable for conducting proc edure citizens of that foreign country before the 
domestic court.  
 
4. Determining Territorial Juri sdiction by the Higher Court 
 
Article 65 
If the competent court cannot engage in procedur e due to the exemption of a judge or for some 
other reasons it shall notify the immediately higher court accordingly which shall decide that 
another court with subject matter jurisdiction from its territory shall conduct the procedure.  
 
Article 66 
Upon proposal of a party or a competent court, the Supreme Court may decide that another court 
with subject matter jurisdiction proceed on the case if it is obvious that this would facilitate the procedure or if there are other justified reasons. IP/N/1/MNE/O/4 
 
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Article 67 
If a domestic court is competent to adjudicate the case, but it is not possible to determine which 
court has territorial jurisdiction under provisions of this Law, the Supreme Court shall, upon the 
party's motion, decide which court with subject matter jurisdiction shall have the territorial 
jurisdiction. 
 
5. Agreement on Territorial Jurisdiction 
 
Article 68 
If the Law does not prescribe the exclusive territori al jurisdiction of a court, the parties may agree 
that their case be tried at first instance by a court that does not have the territorial jurisdiction, 
provided that the court in question has subject matter jurisdiction. 
If the Law prescribes that two or more domestic  courts in the Republic of Montenegro have 
territorial jurisdiction in a particular dispute, the parties may agree that their case be tried at first 
instance by one of these courts or another court with subject matter jurisdiction. 
The agreement shall be valid only if it is concluded in writing and if it concerns a particular dispute 
or several disputes which all arise from a specific legal relationship. 
The plaintiff shall submit the agreement together with the complaint. 
 
TITLE THREE 
 
EXEMPTION 
 
Article 69 
 
A judge may not adjudicate the case if: 
 
1) he/she is the party, legal representative or agent, co-agent, co-debtor, regressive debtor, or 
has taken or is to take the stand as a witness; 
2) the party, legal representative or agent of the party is his/her blood relative in direct line to any 
degree or in the lateral line up to fourth degree, or if they are spouses, non-marital spouses or in-
laws up to second degree, regardless of whether the marriage has been terminated or not; 
3) he/she is the guardian, adoptive parent or adopted child of the party, party's legal 
representative or an agent; 
4) he/she has participated in rendering decision of the inferior instance court or another authority 
or has participated in alternative disputes resolution; 
5) he/she has participated in reaching the judicial settlement on the case, whereby setting aside 
that settlement is requested in the appeal; 
6) he/she is a shareholder or member of the company that is party to the procedure; 7) there are other circumstances that call into question his/her impartiality. 
 
Article 70 
As soon as the judge becomes aware of the reasons for his/her exemption given in Article 66, 
items 1 through 6 of this Law, he/she shall stop al l activities on the case and notify the President 
of the court thereof. IP/N/1/MNE/O/4 
 
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  If the judge believes that there are some other circumstances that may jeopardise his/her 
impartiality (Article 69, item 7), he/she shall accordingly notify the President of the court who will decide on exemption. By the time the President of the court has issued the ruling, the judge may 
only undertake the actions that may be jeopardised by the delay. 
 
Article 71 
Parties may request exemption as well. 
The party may file request for exemption of a judge as soon as he/she learns about reason for 
exemption, at the latest until conclusion of the hearing before the first instance court and if the 
hearing has not been held then until rendering the decision. 
The request for exemption of the judge of the high er court may be filed by the party in the legal 
remedy or in the response to the legal remedy, but if the hearing is held before the higher court, 
then until the completion of the hearing. 
 
Article 72 
Parties may only demand exemption of a particular judge who is conducting civil procedure or 
President of court who will decide on the request. 
The request for exemption shall not be allowed in the following cases: 
1) if generally the exemption of all judges of a court or all judges who might conduct procedure 
regarding a case is requested; 
2) if it has already been decided upon; 
3) if the reason for exemption has not been explained. 
The request referred to in paragraph 2 of this Arti cle shall be dismissed by the judge who conducts 
the procedure. 
Interlocutory appeal against the ruling referred to in paragraph 3 of this Article shall not be 
allowed. 
 
Article 73 
President of the court shall decide on the request of the party for exemption of a judge except in 
cases referred to in Article 72, paragraph 2 of this Law. 
If the party requests exemption of the President of the court, the President of an immediately 
higher court shall render decision on exemption. 
Parties' request for exemption of the President of the Supreme Court shall be decided at the 
general session of that court. 
Prior to rendering the ruling on exemption of a judge, a statement from the judge whose 
exemption is requested shall be taken, while other investigations shall be conducted if deemed necessary. 
Appeal against the ruling which grants exemption shall not be allowed and interlocutory appeal 
against the ruling which denies the request shall not be allowed. 
 
Article 74 
Once the judge has learned that the request for his/her exemption has been filed he/she shall 
immediately stop all activities on the case concerned and if the exemption is the one referred to in Article 69, item 7 of this Law he/she may take only those actions which may be jeopardised by 
delay and that only by the time of rendering the ruling on exemption.  
Exceptionally from paragraph 1 of this Article, th e judge may decide to carry on the procedure if 
he/she evaluates that request for exemption is evidently unjustified and that it has been filed to 
prevent or obstruct the court in taking specific actions or in order to unnecessary cause the delay. IP/N/1/MNE/O/4 
 
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  If the request for exemption is accepted, action s and decisions taken under paragraph 2 of this 
Article shall be reversed by the judge who will take over the procedure. 
 
Article 75 
Provisions on exemption of judges shall accord ingly apply to exemption of recording clerks. 
The judge shall decide on the exemption of recording clerks.  
 
TITLE FOUR 
 
PARTIES AND THEIR REPRESENTATIVES 
 
Article 76 
Any natural and legal person may be party to the procedure. 
Special regulations prescribe who may be a party to the procedure apart from natural and legal 
persons. 
Exceptionally, the civil court may, with legal effect  in a certain procedure, recognize the capacity of 
a party to those forms of associations that are not eligible to be a party under provisions of 
paragraphs 1 and 2 of this Article if it determines that, with regard to the matter of the dispute, they meet crucial requirements for acquiring the capa city of the party, particularly if they are in 
possession of the property which may be subject to enforcement. 
Interlocutory appeal shall not be allowed against the ruling referred to in paragraph 3 of this 
Article that recognizes the capacity of a party in litigation. 
 
Article 77 
A party with full legal competence may conduct actions in the procedure by itself (litigation 
capacity). 
An adult with partially limited legal competence shall be considered to have litigation capacity 
within the limits of his/her legal competence. 
A juvenile who has not acquired full legal competence shall be considered to have litigation 
capacity within the limits of his/her recognized legal competence. 
 
Article 78 
A party without litigation capacity shall be represented by his/her legal representative. 
Legal representative shall be determined by La w or act of the competent public authority. 
Representative of legal person shall be determined by Law or general act of legal person. 
Article 79 
In the course of entire procedure the court shall ex officio  have due regard to whether the person 
acting as a party to the procedure is eligible to be a party to the procedure and whether that person has litigation capacity, whether a party with out litigation capacity is represented by his/her 
legal representative and whether the legal representative has special authorisation when 
necessary. 
 
Article 80 
 On behalf of the party the legal representative may commence all actions in the procedure, 
but if special regulations prescribe that the legal representative shall have special authorisation in IP/N/1/MNE/O/4 
 
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  order to file or withdraw the complaint, acknowledge or waive the statement of claims, reach a 
settlement or take other actions in the procedure, the legal representative may take those actions only if he/she has such authorisation. 
At the request of the court, a person engaged as legal representative shall prove that he/she is the 
legal representative. When special authorisation is required for taking certain actions in the 
procedure, the legal representative shall prove he/she has such an authorisation. 
When the court finds that the legal representative of the person under the guardianship fails to 
demonstrate the necessary care in the representation, it shall inform the guardianship authority 
thereon. The court shall suspend the procedur e and suggest appointment of another legal 
representative if it finds that the failure of the legal representative could cause the damage for the person under the guardianship. 
  
Article 81 
When the court finds that the person appearing as a party may not be party to the procedure and 
that the defect may be remedied, it shall summon the plaintiff to make necessary corrections in 
the complaint or take other measures to continue the procedure with the person that may participate in the procedure in the capacity of a party. 
When the court finds that the party has no legal representative or that the legal representative has 
no special authorisation when requested, it shall ask the competent guardianship authority to appoint a guardian to the party without litigation capacity by asking the legal representative to obtain special authorisation or it shall take other measures necessary to ensure regular 
representation of the party without litigation capacity. 
The court may set the deadline for the party to remedy defects referred to in paragraphs 1 and 2 
of this Article. Until the defects are remedied, only those actions whose delay could cause harmful 
consequences for the party may be commenced in the procedure. 
If it is not possible to remedy defects referred above or if the deadline expires unsuccessfully, the 
court shall reverse by a ruling the actions conducted in the procedure if they have been affected 
by these defects and dismiss the complaint if th e defects are of such nature which may prevent 
further course of the procedure. 
Appeal against the ruling on ordering measures for remedying the defects shall not be allowed.  
Article 82 
The court shall appoint temporary representative to the defendant if it finds, in the course of the 
procedure before the first instance court, that the regular procedure for appointment of the legal 
representative to the defendant could last so long that it could result in harmful consequences for 
one or both parties. 
If the requirement referred to in paragraph 1 of th is Article has been met, the court shall appoint 
temporary representative to the defendant, particularly in the following cases: 
1) if the defendant has neither litigation capacity nor legal representative; 2) if there is conflict of interests between the defendant and his/her legal representative; 3) if both parties have the same legal representative. 
The court shall also appoint a temporary legal representative of the defendant in the following 
cases: 
1) when the temporary place of residence of the defendant is unknown and the defendant does not 
have agent; 
2) if the defendant or his/her legal representative are abroad and do not have agent and the 
delivery could not be conducted. 
Against the decision under par. 1 and 2 no appeal is allowed. 
The court shall notify the guardianship authority, and the parties when possible, of appointment of 
the temporary representative. IP/N/1/MNE/O/4 
 
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Article 83 
The court shall accordingly appoint temporary representative to the legal person and company that 
has no characteristics of a legal entity as well in line with application of Article 80 of this Law. 
 
Article 84 
The court shall appoint temporary representative from among lawyers and other professionals.  
 
In the cases referred to in Article 82 par. 2 and 3 of this Law, the plaintiff is required to advance funds of a temporary representative.  
If the plaintiff does not advance funds for a appointing a temporary representative within the 
period determined by the court, the co mplaint shall be considered withdrawn. 
 
Article 85 
Temporary representative shall have all rights and duties of the legal representative in the 
procedure for which he/she has been appointed. 
Temporary representative shall exercise rights and duties until the defendant or his/her agent 
appear before the court or until the court is informed by the guardianship authority on 
appointment of the guardian. 
 
Article 86 
If the temporary representative has been appoin ted to represent the defendant for the reasons 
stated under Article 82, paragraph 3, items 1 and 2 of this Law, the court shall within eight days 
issue an announcement in the Official Gazette of the Republic of Montenegro and on the notice 
board of the court and in other appropriate way if necessary. 
The announcement shall contain the following: the name of the court which has appointed 
temporary representative, legal basis, the defendant’s name that the representative has been 
appointed to, the disputed matter, name of the representative, his/her occupation and temporary 
place of residence as well as the statement that the representative shall represent the defendant in the procedure as long as the defendant or his/her representative appears before the court or 
until the guardianship authority notifies th e court that it has appointed the guardian. 
 
Article 87 
Person without litigation capacity under the law of his/her state who has litigation capacity under 
the law of the Republic of Montenegro may take actions in the procedure.  
His/her legal representative may take actions in the procedure until this person states that he/she 
takes over conducting of the litigation.  
 
TITLE FIVE 
 
AGENTS 
Article 88 
Parties may take actions in the procedure either in person or through an agent, but the court may 
call on the party who has an agent to personally give a statement before the court about the facts 
that need to be determined in this dispute. 
The party represented by the agent may at all ti mes come before the court and give statement 
besides his/her agent. IP/N/1/MNE/O/4 
 
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Article 89 
The agent may be any person capable of conducti ng business affairs, except persons engaged in 
shyster. 
If the agent is person who is suspected to be a shyster the court shall deny permission to that 
person for his/her further representation and notify the party immediately. 
Appeal against the ruling on denying the permission  to represent shall not suspend enforcement of 
the ruling. 
 
Article 90 
Actions in the procedure taken by the agent within the limits of the authorisation shall have the 
same legal effect as if they had been taken personally by the party. 
 
Article 91 
The party may change or revoke statement of his/her agent at the hearing at which that 
statement is given. 
If the agent admitted any fact at the hearing where the party was not present or if he/she 
admitted any fact in the pleading and the party later on changes or reverses that statement, the 
court shall evaluate both statements in accordance with Article 218 paragraph 3 of this Law.  
 
Article 92 
The scope of authorisation shall be determined by the party. 
The party may authorise the agent to take only certain actions or to take all actions in the 
procedure. 
 
Article 93 
If the party issued authorisation to a lawyer for conducting the litigation and did not more closely 
specify powers in the authorisation, the lawyer shall on the basis of such authorisation have the 
power to: 
1) perform all actions in the procedure and particularly file complaint, withdraw it, respond to the 
complaint, acknowledge or waive the statement of claims, reach a settlement, submit a request 
for, waive or withdraw a legal remedy and re quest issuing the temporary security measures; 
2) file request for enforcement for security measures and take necessary actions in the procedure 
with regard to that request; 
3) receive awarded compensation for costs from the adverse party;  
4) transfer authorisation to another lawyer or authorise another lawyer to take only particular 
actions in the procedure. 
Lawyer needs a separate authorisation for filing the motion for reopening the procedure if more 
than six months have elapsed since the decision has become final and enforceable. 
Lawyer may be replaced by a trainee employed with him/her, but only before the court of first 
instance. 
 
Article 94 
If a party failed to fully specify powers of the agent in the authorisation, the agent who is not a 
lawyer may on the basis of such authorisation pe rform all actions in the procedure, but he/she 
shall be always requested to have special authorisation to withdraw the complaint, acknowledge or IP/N/1/MNE/O/4 
 
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  waive the statement of claims, reach settlement, waive or abandon legal remedy as well as to 
transfer authorisation to another person and file extraordinary legal remedies. 
Agent of the party that is a legal person may without explicit authorisation conduct actions 
referred to in paragraph 1 of this Article. 
 
Article 95 
The party shall grant authorisation in written or verbal form in the record on hearing. 
The party who is illiterate or not able to sign authorisation shall put his/her index fingerprint on 
the written authorisation instead of a signature. In  these circumstances, where the authorisation is 
to be granted to a person that is not a lawyer, th e presence of two witnesses shall be required to 
sign the authorisation. 
If the court doubts the authenticity of the written authorisation, it may pass a ruling on ordering 
the submission of the certified authorisation. Appeal against this ruling shall not be allowed. 
 
Article 96 
The agent shall present his/her authorisation when commencing the first action in the procedure. The court may allow a person who has not submitted authorisation to temporarily perform 
actions on behalf of the party, but simultaneously it shall order that person to obtain authorisation 
or approval of the party for performing litigation actions subsequently, within the set time limit. 
The court shall postpone rendering the decision until the deadline for obtaining authorisation 
expires. If the deadline expires unsuccessfully th e court shall revoke actions in the litigation 
conducted by that person and continue the procedure disregarding actions taken by the person 
without authorisation. 
In the course of entire procedure, the court shall have due regard to whether the person acting as 
the agent has been authorised for such representation. If the court finds that the person acting as 
agent has not been authorised for such representation it shall revoke actions in the litigation conducted by that person, unless the party subsequently approved those actions. 
 
Article 97 
The party may revoke authorisation at any time, whereas the agent may cancel it at any time. The court before which the procedure is conducted shall be informed in writing or verbally for the 
record on revoking or canceling the authorisation. 
Revoking or canceling the authorisation shall apply to the adverse party from the moment he/she 
has become informed about it. 
After the authorisation has been cancelled the agent shall carry out actions on behalf of the person 
who granted authorisation for another 15 days if that is necessary to remove any damage that could be caused to the person during that period. 
 
Article 98 
When natural person dies or legal person ceases to  exist, the authorisation they granted shall also 
cease to exist. 
In the case of bankruptcy or liquidation, the auth orisation granted by the bankrupt debtor ceases 
to be effective on the day when the bankruptcy administrator or liquidator has been appointed. 
 IP/N/1/MNE/O/4 
 
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  TITLE SIX 
 
LANGUAGE USED IN THE PROCEDURE 
 
Article 99 
Parties and other participants in the procedure are entitled to use their own language or language 
that they can understand before the court. 
If the procedure is not conducted in the langua ge of the party or other participants in the 
procedure, at their request they shall be provided interpretation to their language or language that 
they can understand and translation of all pleadings and written evidence, as well as interpretation of what is being said at the hearing. 
 The parties and other participants in the procedure shall be instructed about their right to 
follow up the procedure before the court in their own language with assistance of interpreter. It 
shall be noted in the record that they have been instructed thereon, together with the statements 
of the parties or participants. Interpretation is provided by interpreters. 
 
Article 100 
Summons, decisions and other court writs shall be delivered to the parties and other participants 
in the procedure in the language which is in official use in the court. 
If any of the languages of national minorities is in official use in the court, the court shall deliver 
court writs in that language to those parties and participants in the procedure that belong to that 
national minority and use that language in the procedure. 
 
Article 101 
Parties and other participants in the procedure shall submit complaints, appeals and other 
pleadings to the court in the language that is in official use in the court.  
Parties and other participants in the procedure ma y also submit their pleadings to the court in 
language of national minorities which is not in official use in the court if that is in conformity with 
the Law. 
 
Article 102 
Costs of translation into the language of national minorities arising from the application of the 
provisions of Constitution and this Law on the right of national minorities to use their own language shall be charged to the court funds. 
 
TITLE SEVEN 
 
PLEADINGS 
 
Article 103 
Complaint, response to the complaint, legal remedies and other statements, motions and 
notifications issued out of the hearing shall be submitted in writing (pleadings). Pleadings 
submitted by telegram and facsimile or electronic mail are also considered to meet requirements 
of a writing form. These pleadings shall be consider ed as signed if the name of the submitter has 
been indicated on them. 
Pleadings shall be comprehensible and contain all items necessary to act upon them. In particular, 
they shall contain the following: name of the court, the first and last name (title for the legal 
person), permanent or temporary place residence (seat for the legal person) of parties, their legal IP/N/1/MNE/O/4 
 
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  representatives and agents, if they have any, di sputed matter, contents of the statement and the 
signature of the submitter. 
If the statement contains a request the party shall state in the pleading the facts upon which the 
request is based and evidence when that is deemed necessary. 
Exceptionally from paragraph 1 of this Article, th e pleadings delivered via electronic mail shall be 
verified with an advanced electronic signature. 
 
Article 104 
Pleadings with attachments that are to be delivered to the adverse party shall be submitted to the 
court in a sufficient number of copies for the court and for the adverse party. 
 
Article 105 
Documents enclosed with pleadings shall be submitted in the original form, in certified transcript 
or photocopy that shall be certified. 
If the party encloses the original document, the court shall keep that document and allow the 
adverse party to examine it. When there is no need to keep that document in the court any more, it shall be returned to the submitter upon his/ her request, but the court may request from the 
submitter to attach the transcript or photocopy of the document to the case files. 
If the document has been submitted in the form of  a transcript or photocopy, the court shall, at 
the request of the adverse party, call upon the submitter to provide the court with original 
document and allow the adverse party to examine it. Where necessary, the court shall set the 
deadline within which the document shall be submitted or examined. 
Appeal against these rulings shall not be allowed. 
 
Article 106 
If the pleading is incomprehensible or fails to contain all required items in order for the court to 
proceed, the court shall return the pleading fo r correction or supplementation. The court will 
instruct the party as to what needs to be co rrected or supplemented and set the deadline for 
correction or supplementation of the plea ding which shall not exceed eight days. 
If the pleading for which the deadline has been set is corrected, supplemented and submitted to 
the court within the deadline set for supplementation or correction, it shall be considered to have 
been submitted to the court on the day of the first submission. 
Pleading shall be considered withdrawn if it has not been returned to the court within a set 
deadline and it shall be rejected if it has been returned without being corrected or supplemented. 
If the pleadings or attachments have not been submitted in a sufficient number of copies the court 
shall invite the submitter to submit them within the set deadline. If the submitter fails to proceed in accordance with that order, the court shall reject the pleading. 
 
TITLE EIGHT 
 
DEADLINES AND HEARINGS 
 
DEADLINES 
 
Article 107 
If deadlines are not prescribed by the Law, they shall be determined by the court depending on the 
circumstances of the case. IP/N/1/MNE/O/4 
 
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  Deadline determined by the court may be extended  at the motion of the interested person if 
justified reasons exist.  
Motion shall be filed before the expiry of  the deadline requested to be extended. 
Appeal against the ruling on the extens ion of deadline shall not be allowed. 
 
Article 108 
Deadlines shall be counted in days, months and years. 
When a deadline is set in days, the day of delivery or notification shall not be counted, that is the 
day of the event from which the deadline is to be counted; instead, the first subsequent day shall be taken as the beginning of the deadline. 
Deadlines counted in months or years shall end upon  expiry of the day of the last month, or year 
that corresponds by its number to the day when the deadline started. If there is no such day in the 
given month, the deadline expires on the last day of that month. 
If the last day of the deadline falls on the pub lic holiday or Sunday or any other day when the 
court is not working, the deadline shall end by the expiry of the first following working day. 
 
Article 109 
When the pleading is restricted by the deadline it shall be considered submitted within the deadline 
if submitted to the competent court before the deadline expires. 
If the pleading has been forwarded via registered mail or telegram, the day of its delivery to the 
post office shall be considered as the day of delivery to the court to which it has been addressed 
and if the pleading was sent via facsimile, the day of its delivery to the court shall be considered 
as the day of delivery. 
If the pleading has been sent via telegram it sh all be considered as submitted within the deadline 
if the pleading of the same contents has been subm itted to the court subsequently or if it has been 
forwarded to the court by registered mail with in three days from the date of the telegram 
submission to the post office. 
 
If the pleading was submitted via electronic mail , the time of delivery to the court shall be 
considered the time that is noted on the verifi cation of the advanced electronic signature. 
For individuals in mandatory military service in the military, the day of delivering the pleading to 
the military unit or military institution shall be considered as the day of submission of the pleading 
to the court. 
Provision of paragraph 5 of this Article shall also apply to other people who serve in military units 
or military institutions or military headquarters in towns without access to regular mail service. 
As regards people deprived of liberty, the day when  the pleading is delivered to the administration 
of the prison or juvenile detention centre or reformatory shall be considered as the date of delivery 
to the court. 
If the pleading restricted by the deadline was sent to the court that does not have jurisdiction 
before the deadline expired and it reaches the comp etent court prior to expiry of the deadline, it 
shall be considered as delivered in time if the submission to the court which does not have 
jurisdiction can be attributed to a lack of knowledge or an obvious mistake on the part of the 
submitter. 
Provisions of paragraphs 1 through 7 of this Arti cle shall be applied on the deadline within which, 
in accordance with special regulations, complaint shall be filed and also on the statute of limitation 
period of a claim or some other right. 
 IP/N/1/MNE/O/4 
 
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  HEARINGS 
 
Article 110 
The court shall schedule hearing when so prescrib ed by Law or requested to meet needs of the 
procedure. 
Appeal against ruling on the scheduling the hearing shall not be allowed. The court shall summon to the hearing the partie s and other participants whose presence is 
considered needed. Together with the summons, the party shall also receive the pleading that has 
caused scheduling the court hearing, while the summo ns shall indicate the place, room and time of 
the hearing. If the summons do not include the pleading, the summons shall indicate name of the party, disputed matter and action to be taken at the hearing. 
In the summons the court shall particularly warn of legal consequences of failure to appear at the 
hearing.  
The party who appeared before the court after the hearing has begun may not require that actions 
taken in his/her absence be repeated. 
 
Article 111 
As a rule, the hearing shall be held in the court house. 
The court may decide to hold the hearing outside the court house if it deems that necessary or 
that it will save time and costs of the procedure in doing so. 
 
 
RETURN TO THE PREVIOUS STAGE 
 
Article 112  
If the party misses the hearing or deadline for certain action in the procedure and therefore loses 
right to initiate that action, the court shall allow the party, upon his/her motion, to subsequently 
take that action (return to the previous stage) if it finds that there were justified reasons that 
could have been neither foreseen nor avoided. 
When the return to previous stage is allowed, the litigation shall be reverted into the state that 
existed before the omission took place and all co urt decisions rendered due to the omission shall 
be reversed.  
 
Article 113  
The motion for return to the previous stage shall be filed with the court where the omitted action 
should have been taken. 
The motion shall be submitted within eight days, counting from the day when the reason that 
caused the omission ceased to exist and if the party learned about the omission on some later 
date, the counting of days shall start from that date. 
After the period of 60 days has passed from the day of the omission, return to the previous stage 
may not be requested. 
If return to the previous stage is requested due to missed deadline, the applicant shall conduct the 
omitted action simultaneously with filing of the motion. 
 
Article 114  
Return to the previous stage shall not be allowed if the deadline for filing the motion for return to 
the previous stage has passed or if the hearing sched uled in the motion for return to the previous 
stage has been missed. IP/N/1/MNE/O/4 
 
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Article 115  
The motion for return to the previous stage, as a rule, does not affect the course of litigation, but 
the court may decide to suspend the procedure unt il reaching final and enforceable ruling on the 
motion.  
If the motion for return to the previous stage ha s been filed, but the appeal procedure is underway 
before the higher court, the first instance court shall notify the higher court about the motion that 
has been filed. 
 
Article 116  
The court shall by its ruling reject untimely and inadmissible motions for return to the previous 
stage.  
In relation to the motion for return to the pr evious stage, the court shall set the hearing if 
expressly so requested by the party, except in case  that the facts on which the motion is grounded 
are commonly known or if the return is proposed for obviously unjustifiable reason or if there is 
sufficient evidence in the case files for reaching the decision on the motion.  
 
TITLE NINE 
 
COURT RECORDS 
 
Article 117  
Actions taken during the hearing shall be entered in the record. The record shall also include relevant statements or announcements that the parties or other 
participants make outside the hearing. Irrelevant statements and announcements shall not be 
entered in the record, but instead they shall only be officially noted in the case file. 
The recording clerk shall keep the record. 
 
Article 118  
The record shall include the following: name and members of the court, place and hour of action 
that is to be taken, indication of the disputed matter and names of parties, or third parties and 
their legal representatives or agents. 
The record also needs to contain important information about actions that have been taken. The 
record on the main hearing shall particularly include: whether the hearing was public or closed for 
public, contents of the parties' statements, thei r motions, evidence they proposed, the evidence 
that was presented, contents of the statements of  witnesses and expert witnesses; court decisions 
rendered at the hearing and original decision following conclusion of the main hearing. 
 
Article 119 
The records shall be properly kept, without erasing, adding or changing anything.  
Lines that are struck out shall remain legible. 
 
Article 120 
The record shall be kept as follows: the judge dict ates to the record keeper what to enter in the 
record. Participants in the procedure may dictate their statements if the judge allows them to do 
so. IP/N/1/MNE/O/4 
 
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  Parties shall be entitled to read the record or d e m a n d  t h a t  i t  i s  r e a d  t o  t h e m  a n d  g i v e  t h e i r  
remarks with regard to the content. 
This right shall also apply to other individuals whose statements were entered in the record, but 
only in respect of that part of the record pertaining to their statement. 
Corrections or additions concerning content of the re cord that need to be made upon objections of 
the parties or other persons or ex officio  shall be entered at the end of the record. Objections that 
were overruled shall be also entered at the request of these individuals. 
 
Article 121 
The judge may decide that the record is taken down by use of some technical equipment or by 
shorthand. 
In regards with the objection related to the content of the record referred to in paragraph 1 of this 
Article, the provisions of Article 120 paragraphs 2, 3 and 4 shall be applied accordingly. 
If the record has not been taken down in writing, the transcript of the record shall be made within 
three days. 
In the following three days parties shall be entitled  to be shown the transcript of the record and to 
raise objection to potential irregularities contained therein. 
The judge shall decide upon the objection referred to in paragraph 4 of this Article out of the 
hearing. 
Audio tape of the record may be erased after expiry of the term for objections, but if the party has 
raised objection to the correctness of the copy, it may be erased after the final and enforceable 
decision on the main subject matter. 
 
Article 122 
The record shall be signed by the judge, recording clerk, parties or their legal representatives or 
agents and interpreter. 
Witness and expert witness shall sign their statem ents in the record when they are heard before 
the judge carrying out functions on behalf of another judge at his/her request. 
An illiterate person or a person who cannot write his/her name shall put his/her index fingerprint 
and the recording clerk shall write the first and last name for these persons below the fingerprint. 
Should any party, his/her legal representative or agent, witness or expert witness leave before 
signing the record or refuse to sign the record, such an action shall be noted in the record 
specifying the reasons for non signing. 
 
Article 123 
In the procedure in relation to legal remedies, sepa rate record shall be prepared for conferring and 
voting of the Panel. If the higher court render ed unanimous decision in the procedure on legal 
remedy, the record shall not be prepared, instead a note on conferring and voting shall be written 
down in the original decision. 
The record on conferring and voting shall contain the course of voting and the decision that has 
been rendered. 
Separate opinions shall be attached to the record on conferring and voting if not already included 
in the record. 
The record or note on voting shall be signed  by all Panel members and the recording clerk. 
The record on conferring and voting shall be closed in a separate envelope. Only the higher court 
may review this record when deciding on a legal remedy and in such a case the record shall be put again in a separate envelope, noting on the envelope that the record was reviewed. 
 IP/N/1/MNE/O/4 
 
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  TITLE TEN 
 
RENDERING DECISIONS 
 
Article 124 
The court renders decisions in the hearing or out of the hearing. The court renders decisions in the form of a judgment or a ruling. 
The court decides on the statement of claims  by a judgment, while in the procedure for 
trespassing the property it decides by a ruling. 
In the procedure of issuing the payment order, the ruling under which the statement of claims is 
adopted shall be issued as a payment order. 
Decision on the costs in the judgment shall be considered a ruling. 
 
Article 125 
The decisions of the Panel shall be re ndered after voting and conferring. 
Only the members of the Panel and recording clerk may be present in the room where conferring 
and voting are taking place. 
 
 
Article 126 
The President of the Panel shall run conferring and voting and he/she is the last one to vote. 
He/she makes sure that all matters are thoroughly and completely considered. 
The majority of votes is necessary for all decisions of the Panel. The members of the Panel may not refuse to vote on matters set forth by the President of the 
Panel. A member of the Panel who was among the minority in the previous voting may not restrain 
from voting on the matter that is to be decided later on. 
If in respect to certain matters that are being decided upon the votes are divided between several 
different opinions so that any of them does not have majority, the matters shall be separated and 
voting repeated until the majority of votes is ob tained. If the votes divide to more than two 
opinions in respect to the monetary amount or quantity, the reasons supporting each opinion shall 
be discussed again; if the majority of votes cannot be obtained even then, the votes given for the 
highest monetary amount or quantity shall be added to the votes given for the first smaller 
monetary amount or quantity until the majority is obtained. 
 
 
TITLE ELEVEN 
 
DELIVERY OF WRITS AND REVIEWING CASE FILES 
 
METHOD OF DELIVERY 
 
Article 127 
Delivery of writs shall be conducted by post, throug h an authorised officer of the court, authorised 
legal person registered to conduct delivery, directly to the court or in some another manner 
prescribed by Law. IP/N/1/MNE/O/4 
 
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  Delivery may be conducted by electronic mail. In that case it will be considered that pleading has 
been delivered at the moment when it has been sent by electronic mail. 
 
Article 128 
Delivery to the public authorities and legal persons shall be conducted by delivery of the writ to 
the person authorised to receive writs or to the employee who happens to be in office or business 
premises. 
Delivery to the legal person may be conducted to  the branch office of the legal person if the 
dispute arises from legal relationship within that branch. 
If the writ needs to be delivered to the pub lic prosecutor or competent authority of the 
municipality, writs are being delivered to its records management office. The date of delivery of 
the writ to the records management office shall be considered the date of delivery. 
Delivery under provisions of paragraphs 1 and 2 of  this Article shall also be conducted in cases 
when parties mentioned in these paragraphs have appointed their employee as their agent or if 
the party has appointed a person who is not their employee as their agent, but has not submitted 
his/her address. 
 
Article 129 
Delivery of summons to military persons, police of ficers, persons employed in land, river, maritime 
or air traffic may be conducted through their headquarters or direct supervisor and where necessary delivery of other writs may also be conducted in such manner. 
 
Article 130 
When the delivery is to be conducted to persons or institutions abroad or foreigners who enjoy 
immunity, delivery shall be conducted through diplomatic channels unless otherwise specified by 
international treaty or this Law (Article 143). 
If the delivery of the writ needs to be conducted to the citizens of Montenegro living abroad, the 
delivery may be conducted through the competent consular or diplomatic representative office of 
Montenegro performing consular affairs in the country concerned. This delivery is valid only if the person to whom the delivery is made agrees to accept it. 
 
Article 131 
 Delivery to the legal person with its seat abroad may be conducted through its branch or 
representative office in the Republic of Montenegro. 
 
Article 132 
Delivery to persons deprived of liberty shall be conducted through the administration of the prison 
or juvenile detention centre or reformatory in which the person deprived of liberty is 
accommodated. 
Delivery is considered completed after the writ has been delivered to the addressee.  
Article 133 
If the legal representative or agent represents the party, the delivery shall be conducted to the 
legal representative or agent. 
If the party has more than one legal representative or agent, it shall suffice to carry out the 
delivery to one of them. 
 IP/N/1/MNE/O/4 
 
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  Article 134 
Delivery to the lawyer who acts as the agent may be conducted by delivering documents to a 
person employed in his/her law firm.  
If the lawyer practices law in his/her dwelling, Article 137, paragraph 1 of this Law shall apply 
accordingly. 
 
Article 135 
Delivery shall be carried out every day from 07:00 until 20:00 in the dwelling or workplace of the 
person to whom delivery needs to be conducted or  in the court when the person happens to be 
there. 
If the writ cannot be delivered at the address re ferred to in the previous paragraph and at the 
mentioned time, it may be deliver ed at any time and anywhere.  
 
Article 136 
Complaint, response to the complaint, summons to the hearing, judgment and ruling against which 
interlocutory appeal is allowed, legal remedies shall be delivered to the party in person or to his/her legal representative or agent. The other writs shall be delivered in person when this Law 
explicitly prescribes so or when the court deems that greater caution is necessary due to attached 
original documents or some other reason. 
If the person to whom the delivery shall be conducted in person is not found at the place where 
the delivery should be conducted, the deliverer sh all inquire where and when that person could be 
found and leave written notice with person from Article 137, paragraphs 1 and 2 of this Law, 
informing the person to whom delivery is due to be in his/her dwelling or workplace at a specific date and time in order to receive the writ. If after this the deliverer does not find the person to 
whom the delivery is meant, provisions of Articl e 137 of this Law shall apply and thus the delivery 
shall be considered complete. 
 
Article 137 
If the person to whom the delivery is directed is not found at his/her dwelling, the writ shall be 
delivered to any of adult household members who is obliged to accept the writ and if they are not found in the dwelling the writ shall be delivered to a neighbor if he/she agrees to accept it. 
Delivery shall thereby be considered complete. 
If delivery needs to be conducted at the person's workplace and the person is not found there the 
delivery may be conducted to a person found in the office if he/she agrees to accept it. 
Delivery of writ to another person shall not be allowed if such person is participating in litigation as 
the adverse party to the person to whom the delivery is to be conducted. 
Persons to whom delivery shall be conducted under provisions of this Article shall deliver writ as 
soon as possible to the person to whom it is addressed. 
 
Article 138 
When the person to whom the writ has been addressed or adult member of his/her household or 
authorised person or employee in government authority or legal person, without having any legally 
acceptable reason, refuses to accept the writ the deliverer shall leave it in the dwelling or in premises where the person concerned works or he/s he shall put up the writ on the door of the 
dwelling or business premises. He/she shall indicate on the delivery note the date, hour, reasons 
for refusing acceptance and the place where the writ has been left whereby the writ shall be considered served. 
 IP/N/1/MNE/O/4 
 
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  Article 139 
If it is established that a person to whom the de livery should be conducted is absent and that the 
persons referred to in Article 137, paragraphs 1 and 2 of this Law may not deliver the writ on time, the writ shall be returned to the court with the note indicating where the absent person is. 
 
Article 140 
If delivery to the entity entered into the register  may not be conducted to the address indicated in 
the register, delivery shall be conducted by post ing the writ on the court notice board, while 
delivery shall be considered complete after expiry  of the period of eight days from the day of 
posting on the court notice board. 
 
Article 141 
If delivery to the natural person under provisio ns of Articles 136 through 139 of this Law is not 
possible the deliverer shall return the writ to the court which has ordered the delivery. If the 
delivery is made by post the writ shall be returned to the post office of his/her permanent 
residence. Notice indicating where the writ is located shall be posted on the door or in the mailbox at the address of his/her permanent residence and the deadline of 15 days shall be set for 
recipient to take over the writ. Returned writ sha ll indicate the name of deliverer, reason for such 
delivery and date when the notice was left to the recipient. 
If the recipient fails to take over the writ within  15 days it shall be considered that the delivery 
was conducted on the day when the notice was left on the door or in the mailbox. 
The court which ordered delivery should be notified of the delivery that was conducted as 
prescribed in this Article. 
 
CHANGE OF ADDRESS 
 
Article 142 
If the party or his/her representative change address for delivery during the procedure or before 
expiry of the deadline of six months after the fi nal and enforceable decision has been rendered, 
they shall notify the court thereof. 
If the request for review is filed against the fi nal and enforceable decision within the deadline 
referred to in paragraph 1 of this Article, that dead line shall be extended until expiry of six months 
from the delivery to the party of the decision on the review under which the review is either 
dismissed or rejected or the contested decision overruled. 
If the motion for reopening the procedure is filed against the final and enforceable decision within 
the deadline referred to in paragraph 1 of this Article, that deadline shall be extended until expiry of six months after rendering the decision that has become final and enforceable in the procedure 
against which appeal has not been filed or until expiry of the deadline of six months from the 
delivery of the decision upon appeal to the party. 
If the final and enforceable decision is reversed  in extraordinary legal remedy procedure and the 
case remanded for reopening, it shall be considered that the deadline referred to in paragraph 1 of 
this Article has not started to run. 
If the party or his/her representative fail to immediately notify the court about the change of 
address the court shall determine that further delivery in the litigation be conducted by posting the 
writs on the court notice board until the party or his/her representative provide the court with a 
new address. 
Delivery referred to in paragraph 5 of this Article shall be considered complete eight days after the 
notice has been posted on the court notice board. 
When the agent authorised to receive writs change s address before expiry of deadlines referred to 
in paragraphs 1 through 3 of this Article and fails to inform the court thereof, the court shall appoint another representative for receipt of writs on behalf of the party and at the expense of the IP/N/1/MNE/O/4 
 
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  party through which the delivery shall be conducted until it receives notification from the party on 
appointment of the new agent. 
 
AGENT AND REPRESENTATIVE WITH  POWER FOR RECEIVING WRITS 
 
Article 143 
The plaintiff or his/her representative located abroad who do not have the agent on the territory of 
Montenegro shall, when filing the complaint, appoint the agent for receiving writs in Montenegro. If 
they fail to do so, the court shall appoint, at the expense of plaintiff, a representative for him/her to receive writs and through this representative it shall call on him/her or his/her representative to appoint the agent to receive writs within a set deadline. If the plaintiff or his/her representative fail 
to appoint agent to receive writs within a set deadline, the court shall dismiss the complaint and 
deliver the ruling on dismissal to the plaintiff or his/her representative through the appointed representative for the receipt of writs. 
The defendant or his/her representative who are located abroad and do not have agent in 
Montenegro shall be directed by the court at the time of delivery of the first writ to timely appoint agent for receiving writs in Montenegro, warning them that otherwise the court shall appoint 
representative for receiving writs to the defendant at his/her expense and through this 
representative it shall inform the defendant or his/her representative of such appointment. 
If the party terminates authorisation to his/her agent for receiving writs and fails to simultaneously 
appoint another one for that purpose, the court shall conduct delivery by posting writs on the court 
notice board until that party appoints another agent for receiving writs. 
If the agent for receiving writs cancels authorisation and the party fails to appoint another agent 
within 30 days from the date when the court ha s been informed about the cancellation of the 
agent, the court shall, at the expense of the party, appoint a representative for receiving writs and 
conduct all deliveries through the appointed representative until it receives notification from the party of appointment of a new agent. 
The plaintiff shall advance the funds needed for the plaintiff or defendant’s representative for 
receiving writs. If the plaintiff fails to advance funds the complaint shall be dismissed. 
Provisions on appointment of the representative for receiving writs on behalf of the defendant shall 
also apply to informing the third party about litigation and appointment of the predecessor. 
 
Article 144 
If several persons sue jointly and they do not have  a joint legal representative or agent the court 
may direct them to appoint, within a set deadline, a joint agent authorised to receive writs. At the 
same time, the court shall inform plaintiffs who among them shall be considered a joint agent authorised to receive writs if they do not appoint such agent themselves. 
Provision referred to in paragraph 1 of this Article shall also apply when several persons have been 
sued together as joint co-litigants. 
 
IDENTIFICATION OF ADDRESS 
 
Article 145 
The competent authority shall inform the party that has legal interest about the address of the 
person to whom the delivery should be conducted. Legal interest is proved by the statement of the 
court about filing the complaint or existence of litigation. 
 IP/N/1/MNE/O/4 
 
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  DELIVERY NOTE 
 
Article 146 
The recipient and deliverer shall sign the certif icate of performed delivery (delivery note). The 
recipient shall write on the delivery note legibly, in letters, the date of receipt. 
If the recipient is illiterate or unable to sign the deliverer shall write out his/her first and last name 
and date of receipt in letters, indicating the reason why the recipient did not put his/her signature. 
If the recipient refuses to sign the delivery note , the deliverer shall indicate that on the delivery 
note and put in letters the date of delivery and thereby it will be considered that the delivery has been conducted. 
If delivery has been conducted in accordance with the provision of Article 136, paragraph 2 of this 
Law, in addition to the certification of receipt of the writ, the delivery note shall also indicate that 
the written notice was previously served. 
If, under provisions of this Law, the writ has been delivered to another person and not to the 
person to whom the writ should have been served, the deliverer shall indicate on the delivery note 
the relationship between these two persons. 
If the date of the delivery has been incorrectly in dicated on the delivery note, the delivery shall be 
considered conducted on the date when the writ has actually been handed over. 
If the delivery note has disappeared, the delivery may be proved in another way. 
 
DELIVERY BY PARTIES 
 
Article 147 
The party may deliver pleading to the adverse party with the consent of the court except for the 
writs that must be delivered in person. 
 In the case referred to in paragraph 1 of this Article, the party shall deliver one copy in person to 
the adverse party in compliance with provisions of this Law prescribing delivery and one copy to 
the court with the notification that the delivery to the adverse party has already been conducted. 
Delivery under paragraph 2 of this Article shall be considered duly performed. 
 
REVIEWING AND TRANSCRIBING FILES 
 
Article 148 
Parties shall be entitled to review and transcribe case files related to the litigation in which they 
participate. 
Reviewing and transcribing of certain files may be permitted to other persons who have justified 
interest to do so. 
Permission shall be granted by the judge or President of the Panel when the procedure is 
underway and when the procedure has been terminated  it shall be granted by the President of the 
court or employee of the court designated by him/her. 
 IP/N/1/MNE/O/4 
 
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  TITLE TWELVE 
 
COSTS OF PROCEDURE 
 
LITIGATION COSTS 
 
Article149 
Litigation costs shall include expenses incurred during the procedure or in connection therewith. 
Litigation costs shall also include the remunerati on for work of attorneys and other persons whose 
right to remuneration is envisaged by Law. 
 
Article 150 
Each party shall individually and in advance bear the costs incurred by his/her actions. 
 
Article 151 
When the party proposes presentation of evidence he/she shall, pursuant to the court order and in 
advance, deposit the amount required for covering the costs to be incurred by the presentation of 
evidence. 
The court shall reject presentation of evidence if  the amount required for bearing the costs is not 
deposited within the deadline set by the court. 
Exceptionally from the provision of paragraph 2 of th is Article, if the court orders presentation of 
evidence ex officio  in order to establish facts referring to the application of Article 4, paragraph 3 
of this Law and the parties fail to deposit the amount that has been set, the costs of the presentation of evidence shall be paid out from the court funds.  
 
Article 152 
The party that has lost the litigation in its entirety shall bear costs of adverse party and his/her 
intervener. 
If the party was partially successful in the liti gation the court may, depending on the success 
achieved, order each party to bear their own costs or order one party to bear a proportionate part of costs of the other party and the intervener. 
The court may order that one party bears all the costs incurred by the adverse party and his/her 
intervener if the adverse party failed to succeed in proportionately small part of his/her claim and no separate costs were incurred in connection to that part. 
On the basis of the outcome of the presentation of evidence, the court shall decide if the costs 
referred to in Article 151 paragraph 3 of this Law shall be borne by one or both parties or whether these costs shall be borne from court funds. 
 
Article 153 
When deciding on the costs that are to be reim bursed to the party, the court shall take into 
account only the costs necessary for conducting the litigation. When deciding which costs have 
been necessary and the amount thereof, the cour t shall thoroughly evaluate all circumstances. 
Rewards and remunerations for the work of attorneys shall be measured up according to the valid 
tariff. 
 IP/N/1/MNE/O/4 
 
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  Article 154 
Regardless of the outcome of the litigation, the party shall reimburse costs to the adverse party 
which have been incurred by his/her fault or incident that happened to him/her. 
The court may decide that legal representative or agent of the party reimburse costs to the 
adverse party which have been incurred by his/her guilt. 
Requests for reimbursement of costs referred to in  paragraphs 1 and 2 of this Article shall be 
determined in a ruling rendered by the court, se parately from the decision on the main subject 
matter. 
 
Article 155 
If the defendant has not presented the cause for the complaint, and in response to the complaint 
or at the preliminary hearing or at the main hearing if the preliminary hearing has not been held, 
and before starting deliberation on the main su bject matter, he/she acknowledges the statement 
of claims the plaintiff shall reimburse litigation costs to the defendant. 
 
Article 156 
The plaintiff who withdraws the complaint shall reimburse litigation costs to the adverse party, 
except if the withdrawal occurred immediately after the defendant has met the claim. 
The party who waives legal remedy shall reimburse costs to the adverse party incurred with regard 
to the legal remedy. 
 
Article 157 
A judicial settlement shall also contain the agreement on costs. If the parties fail to reach agreement each party shall bear their own costs. 
The costs of attempted but unsuccessful settlement shall be included in the litigation costs. 
 
Article 158 
If the statement of claims is accepted in the dispute on secured right for securing the object and 
the court finds that the defendant being creditor  in the enforcement procedure has had justified 
reasons to believe that rights of third parties over  these objects do not exist, it shall decide that 
each party bear their costs. 
 
Article 159 
Co-litigants shall bear costs in equal shares. 
If there is a considerable difference with respect to their share in the disputed matter, the court 
shall proportionally determine the share of costs to be borne by each co-litigant. 
Costs incurred by special litigation actions of individual co-litigants shall fall within responsibility of 
the other co-litigants. 
Co-litigants who are jointly liable for the liability arising from in the main subject matter shall be 
jointly liable also for the costs awarded to the adverse party. 
 
Article 160 
If the appointed predecessor takes the role of th e defendant, the original defendant may not file 
the request for the reimbursement of costs in the litigation from which he/she has withdrawn. 
If the predecessor succeeds in the litigation he/she may claim reimbursement of costs of the 
original defendant as part of his/her costs. IP/N/1/MNE/O/4 
 
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  If the procedure terminates unfavorably for the new defendant, he/she shall reimburse costs to 
the plaintiff which the original defendant caused by his/her actions. 
 
Article 161 
At the specific request of the party, the court shall decide on the reimbursement of costs. 
The party shall precisely define in his/her requ est the costs whose reimbursement is required, 
enclosing the evidence for the costs incurred unless they are already contained in the case files. 
The request for reimbursement of costs shall be  filed by the party not later than upon the 
completion of the deliberation which precedes rendering of the decision on costs and if the decision is to be rendered without a prior deliberation the party shall include the request for reimbursement of costs in the motion to be decided by the court. 
The court shall decide on the request for reimbursement of costs either in judgment or in the 
ruling which concludes the procedure before that court. 
In the course of the procedure, the court shall de cide on reimbursement of costs by the separate 
ruling only when the right to the reimbursement of  costs does not depend on the decision on the 
main subject matter. 
In the case referred to Article 156 of this Law, if the withdrawal of the complaint or waiver of legal 
remedy have not taken place at the hearing, the request for reimbursement of costs may be filed 
within 15 days upon the receipt of the notification on the waiver. 
 
Article 162 
When rendering partial judgment or interim judgment, the Court may determine that the decision 
on costs be left for a later judgment. 
 
Article 163 
When the court dismisses or rejects a legal remedy it shall also decide on the costs incurred in the 
procedure upon the legal remedy. 
When the court overrules the decision against whic h the legal remedy has been filed or reverses 
that decision and dismisses the complaint it sh all decide on the costs of entire procedure. 
When the decision against which the legal remedy has been filed is reversed and the case has 
been remanded the costs of the procedure on le gal remedy shall be decided in final decision. 
The court may act in accordance with the provision of paragraph 3 of this Article also in the case 
when it only partially reverses the decision against which legal remedy has been filed. 
 
Article 164 
Decision on costs included in the judgment may be contested only by an appeal against the ruling 
provided that the decision on the main subject matter is not contested at the same time. 
If one party contests the judgment only in respect to the costs and the other one in the part 
related to the main subject matter the higher court shall decide on both legal remedies by one decision. 
 
COSTS INCURRED IN THE PROCEDUR E ON PROVISION OF EVIDENCE 
 
Article 165 
The party who has filed the motion for provision of evidence shall reimburse costs incurred in the 
procedure for the provision of evidence. He/she shall also reimburse costs to the adverse party or the temporarily appointed representative. IP/N/1/MNE/O/4 
 
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  The party may subsequently recover those costs as the part of litigation costs depending on the 
success in the litigation. 
 
EXEMPTION FROM PAYING COSTS OF THE PROCEDURE 
 
Article 166 
The court shall exempt the party from paying the costs of the procedure if according to his/her 
general financial situation the party may not bear the costs without jeopardizing necessary support 
of himself/herself and his/her family. 
Exemption from payment of the costs of the proc edure shall include exemption from paying court 
charges and depositing advance payment for the cost s of witnesses, expert witnesses, on the spot 
investigation and court advertisements. 
The court may exempt the party only from payment of charges if such payment of charges would 
considerably reduce resources for supporting the party and his/her family members. 
When rendering decision on the exemption from payment of the costs of the procedure the court 
shall carefully consider all circumstances and especially take into account value of the dispute, number of persons supported by the party and income of the party and his/her family members. 
The decision on exemption from the payment of th e costs of procedure shall be rendered by the 
court within eight days from the date when the request has been filed. 
 
Article 167 
The decision on exemption from the payment of th e costs of procedure shall be rendered by the 
first instance court at the motion of the party. 
Together with the motion the party shall also su bmit the statement of the competent authority on 
his/her financial situation. 
The statement on financial situation shall indicate  the amount of taxes paid by the household and 
individual members of the household, as well as other sources of their income and general 
financial situation of the party to whom the statement has been issued.  
When necessary, the court may ex officio  obtain necessary information and notifications about 
financial situation of the party requesting exemption and it may also hear the adverse party thereof. 
Appeal against the court ruling which approves the motion of the party shall not be allowed. 
 
Article 168 
When the party based on his/her financial situation is not able to bear costs of attorney at law the 
first instance court shall, at the party’s request, order that he/she be represented by an agent if that is necessary for protection of party’s rights. 
The party to whom the agent has been appointed shall be exempted from paying the actual 
expenses and remuneration for the appointed agent. 
President of the first instance court shall appoint attorney at the law as an agent. An appointed agent may request to be exempted due to justified reasons and the judge conducting 
procedure for the case shall decide thereon. Appeal  against the decision on exemption of the agent 
shall not be allowed. 
 
Article 169 
When the party is completely exempted from paying the costs of procedure (Article 166, 
paragraph 2), as well as in case from Article 168, paragraph 1 of this Law, the advance for the 
costs for witnesses, expert witnesses, on th e spot investigation, issuance of the court IP/N/1/MNE/O/4 
 
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  advertisement and actual expenses and remunerati on of the appointed agent shall be paid from 
the court funds. 
 
Article 170 
During the procedure, the first instance court may reverse the ruling on exemption from the 
payment of costs of the procedure and appointment of  the agent if it establishes that the party is 
able to bear costs of the procedure. In such ca ses the court shall decide whether the party shall 
entirely or partially reimburse costs and charges which he/she has previously been exempted 
from, as well as actual expenses and remuneration of appointed agent. 
Amounts advanced from the court funds shall be reimbursed first.  
Article 171 
Charges and costs advanced from the court funds, as well as actual expenses and remuneration of 
appointed agent shall constitute part of litigation costs. 
Under provisions on reimbursement of costs, th e court shall decide on reimbursement of these 
costs by the adverse party that has been exempted  from the payment of the costs of procedure. 
The first instance court shall ex officio  collect charges and costs paid from the court funds from the 
party obliged to reimburse those costs. 
If the adverse party, that has been exempted fr om the payment of the costs of procedure, has 
been bound to reimburse litigation costs and it is established that he/she is not able to bear the 
costs, the court may subsequently order that the costs referred to in paragraph 1 of this Article be 
entirely or partially paid by the party who has been exempted from the payment of costs of the 
procedure from the part awarded. Thus the right of the party to request reimbursement from the 
adverse party for what he/she has al ready paid shall not be affected. 
 
 
TITLE THIRTEEN 
 
LEGAL AID 
 
Article 172 
Courts shall provide legal aid to one other in civil procedure. 
If the court which was requested to provide legal aid is not competent to conduct the action which 
it was requested to conduct, it shall pass the request to the competent court or other public 
authority and notify the court from which it had received the request thereof. If it is not familiar 
with the competent court or the public authority, it shall send the request back. 
 
Article 173 
Courts shall provide legal aid to foreign courts in cases envisaged by an international treaty and in 
the event of existence of reciprocity on the provis ion of legal aid. In case of doubt regarding the 
existence of reciprocity the Ministry of Justice shall produce explanation. 
The court shall deny legal aid to a foreign court if the performance of the action requested is 
contrary to the public order. In that case the court competent for the provision of legal aid shall ex 
officio  submit the case to the Supreme Court to render final decision. 
Provision of Article 172, paragraph 2 of this La w shall apply when handling requests from the 
foreign court. 
 IP/N/1/MNE/O/4 
 
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  Article 174 
The courts shall provide legal aid to foreign courts as prescribed by national law. The action, which 
is the subject of the request of a foreign court, may also be taken in the manner requested by the 
foreign court if such action is not in contravention with public order. 
 
Article 175 
Unless otherwise prescribed by international treaty, courts shall act on request from foreign courts 
only if they have been submitted through diplomatic channels and if requests and attachments 
thereto are composed in the language officially used in the court or if the certified translation to that language is enclosed. 
 
Article 176 
Unless otherwise prescribed by international treaty, the requests of the domestic courts for legal 
aid shall be delivered to foreign courts through diplomatic channels. Requests and attachments 
thereto shall be composed in the language of the country from which aid is requested or their 
certified translation in that language shall be enclosed as well. 
 
 
TITLE FOURTEEN 
 
CONTEMPT OF COURT 
 
Article 177 
In the course of procedure the court shall impose a fine in the amount of EUR 1 000 on the party, 
legal representative, agent or intervener who tend to abuse through their civil actions the rights 
recognized under this Law. 
If the action referred to in paragraph 1 of this Article caused damage to some of the participants 
the court shall award the aggrieved party, upon his/her request, the compensation of damage. 
 
Article 178 
The court shall impose fine in the amount of EUR 1 000 on a person or other participant in the 
procedure who insults the court in the pleading. 
If the person participating in the procedure or person attending the hearing insults the court or 
other participants in the procedure, impedes the work or fails to obey orders of the judge 
concerning maintenance of order, the judge shall give warning to him/her. In case the warning is 
unsuccessful, the judge shall order the cautioned pers on to leave the courtroom or impose fine in 
the amount of EUR 1 000 and he/she may also order the person to leave and impose the fine on 
him/her. 
If the party and his/her agent are ordered to leave the courtroom, the hearing shall be held in 
their absence as well. If the agent in the further course of the procedure carries out activities referred to in paragraphs 1 and 2 of this Article the court may reverse their representation. 
When the court imposes fine or orders an attorney or law trainee acting as an agent to leave the 
courtroom, he/she shall notify the Bar Association thereof. 
 
Article 179 
The court shall impose fine up to the amount of EUR 500.00 on the agent authorised for the 
receipt of writs if in contravention with the prov isions of Article 142 of this Law he/she fails to 
inform the court about the change of address. IP/N/1/MNE/O/4 
 
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  The court shall, at the request of the party, orde r the agent for the receipt of writs to reimburse 
costs incurred by unjustified failure to noti fy the court about the change of address. 
 
Article 180 
The court shall impose fine up to the amount of EUR 500.00 on persons who obstruct delivery of 
writs, conscientiously preventing or hampering the application of the provisions of this Law regarding delivery. 
The court shall, at the request of the party, orde r the person referred to in paragraph 1 of this 
Article to reimburse costs incurred by the his/her behavior described under paragraph 1. 
 
Article 181 
If the duly summoned witness fails to appear as we ll as to justify his/her absence or if he/she 
leaves the place of hearing without permission or justified reason, the court shall order that he/she be brought in by force, bear the costs of his/her bringing in and shall fine him/her with the amount 
of EUR 500.00. 
If the witness appears and refuses to testify or answer a certain question despite warning of the 
consequences and the court determines that his/her reasons for refusal are unjustified, it shall fine 
him/her with the amount of up to EUR 500.00 and if he/she still refuses to testify it may order 
his/her imprisonment. Imprisonment shall last until the witness consents to testify or until his/her interrogation becomes unnecessary, but it shall not exceed 30 days. 
The court shall, at the request of the party, order the witness to reimburse costs incurred by 
his/her unjustified absence or unj ustified refusal to testify. 
If the witness subsequently justifies his/her absence, the court shall reverse its ruling on the fine 
and may exempt the witness entirely or partially from the reimbursement of costs. The court may 
revoke its ruling on the fine also when th e witness subsequently consents to testify. 
 
Article 182 
The court shall fine expert witness up to the am ount of EUR 500.00 when he/she fails to deliver 
findings and opinions within the set deadline or unjustifiably fails to appear at the hearing, although duly summoned. 
The court shall impose the fine referred to in paragraph 1 of this Article on the expert witness who 
refuses to perform expert evaluation without justified reason. 
The court shall, at the request of the party, orde r the expert to reimburse costs incurred by his/her 
failure to submit findings and opinions, unjustified absence or unjustified refusal to perform expert 
evaluation. 
The court may revoke ruling on the fine under the conditions referred to in Article 181, paragraph 
4 of this Law. 
Provisions of this Article shall accordingly apply to court interpreters. 
 
Article 183 
If the person who has been fined under the provisions of this Law fails to pay the fine within the 
set deadline, the fine shall be replaced by impris onment sentence the duration of which shall be 
determined by the court in accordance with the amount of the fine and under provisions of the 
Criminal Code, but it shall not exceed 30 days. 
 
Article 184 
Appeal against the ruling under Articles 177, 178, 179, paragraph 1, Article 181, paragraph 1 and 
Article 182, paragraph 1 of this Law shall not suspend enforcement of the ruling. IP/N/1/MNE/O/4 
 
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  Appeal against the ruling under Article 181, paragraph 2 and Article 182, paragraph 2 shall not 
suspend enforcement of the ruling, unless the court decision on rejecting the reasons of the witness for failing to give testimony or the answer to the certain question or reasons of refusal of the expert witness to perform expert evaluation is contested in that appeal. 
 
Article 185 
If a person that represents the Republic i.e. the competent authority of the municipality or in 
procedure takes action on their behalf impedes order, the court shall notify the competent 
authority of the Republic i.e. municipality,  and may postpone the hearing and from the 
competent authority of the Republic, and municipal authority require determination of another person to participate in civil procedure. 
 
 
PART TWO 
 
THE COURSE OF CIVIL PROCEDURE 
 
TITLE FIFTEEN 
 
Article 186 
Civil procedure starts by filing the complaint (for acting, by determination and transformation). 
 
CONTENT OF THE COMPLAINT 
 
Article 187 
The complaint shall contain the specific claim in respect of the main subject matter and subsidiary 
claims, facts on which the plaintiff bases his/her claim, evidence proving those facts and other 
data that are mandatory for each pleading (Article 103). 
The court shall act upon the complaint even if the plaintiff has not stated legal basis of his/her 
statement of claims and if the plaintiff has stated such legal basis the court is not bound by it. 
The plaintiff shall attach to his/her complaint a receipt on the payment of the court charge. 
If the plaintiff fails to pay the prescribed charge after the warning sent by the court in accordance 
with the regulations on court charges and if the conditions for his/her exemption from the payment of charges do not exist, the complaint shall be considered withdrawn. 
 
COMPLAINT FILED FOR DETERMINATION 
 
Article 188 
The plaintiff may request in the complaint that the court make a determination only as to the 
existence or non-existence of a right or legal relationship or the authenticity or falsity of a document. 
Such complaint may be filed when the special regula tions so prescribe, when the plaintiff has legal 
interest in court’s establishing the existence or non-existence of a right or legal relationship or authenticity or falsity of a document before the maturity of the claim arising from that relation. 
If the decision on the dispute depends on the ex istence or non-existence of the right or legal 
relationship which became disputable in the course of the litigation the plaintiff may, in addition to the existing claim, file the statement of claims wi th the court in order for it to determine whether IP/N/1/MNE/O/4 
 
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  such a relation exists or not if the court conducting the litigation is competent to decide on such a 
claim. 
Claims under paragraph 3 of this Article shall not be considered as an alternation of the complaint. 
 
FILING SEVERAL STATEMENTS OF CLAIMS IN ONE COMPLAINT 
 
Article 189 
The plaintiff may state several claims in one complaint against the same defendant when all claims 
arise from the same factual and legal basis. If the claims do not arise from the same factual and legal basis they may be filed in one complaint against the same defendant only when the same court has subject matter jurisdiction for each of those claims and when the same type of 
procedure is prescribed for all claims whereby the court finds that filing these statements of claims 
in one complaint contributes to the efficien cy of the procedure (cumulative jointer). 
The plaintiff may file two or more interrelated statements of claims in one complaint and request 
the court to accept the next claim if it finds that the one filed prior to it is not grounded 
(alternation of claims). 
Under paragraph 2 of this Article the claims may be united in one complaint only if the court has 
subject matter jurisdiction for each of those claims  and if the same type of procedure is prescribed 
for all claims. 
After the judgment on accepting the first clai m has been rendered the procedure upon the 
perspective claim shall cease to run. 
 
COUNTER – CLAIM 
 
Article 190 
In the response to the complaint and at the preliminary hearing at the latest or at the first 
deliberation for the main hearing if the preliminary hearing has not been held, the defendant may 
file the counter-claim if:  
1) the counter-claim is related to the statement of claims (connected); 2) if these claims may be reimbursed (compensative); 3) if the counter-claim is filed in order to determine a right or legal relationship on whose 
existence or non-existence the decision on the st atement of claims depends entirely or partially 
(prejudicial). 
The counter-claim may not be filed if the court of another type has subject matter jurisdiction over 
the counter-claim. 
After the hearing referred to in paragraph 1 of this Article the counter-claim may be filed only with 
the consent granted from the plaintiff. 
In the case described in paragraph 1, item 1 of this Article the court may decide to separate the 
counter-complaint procedure if so required by reasons of effectiveness. 
 
ALTERNATION OF THE COMPLAINT 
 
Article 191 
The plaintiff may alter the complaint before conclusion of the preliminary hearing at the latest or 
beginning of the main hearing if the preliminary hearing has not been held. In such case the court 
is bound to leave the defendant an adequate period of time for preparation for the hearing on the altered claim if the defendant has not had enough time to do so. IP/N/1/MNE/O/4 
 
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  After the preliminary hearing and before conclusion of the main hearing at the latest, the court 
may permit alternation of the complaint only if it concludes that the purpose of the alternation is not to delay the procedure and if the defendant consents to the alternation. 
It shall be considered that the defendant consented to the alternation of the complaint if he/she 
presents arguments on the main subject matter under the altered complaint, without previously 
having contested the alternation. 
In the case referred to in paragraph 2 of this Article, the court shall permit alternation of the 
complaint even when the defendant objects to alternation if the plaintiff, without his/her fault, 
could not have altered the complaint earlier and the defendant is in a position to present arguments on the altered complaint without causing delay to the main hearing. 
If the complaint has been altered at the hearin g at which defendant was not present, the court 
shall postpone the hearing and deliver transcript of the court record from the hearing to the 
defendant. 
Appeal against the ruling on permitting the alternation of the complaint shall not be allowed. 
 
Article 192 
Alternation of the complaint is modification of the original statement of claims, augmentation of 
the existing claim or statement of another claim in addition to the existing one. 
If the plaintiff alters the complaint in such a way that he/she, because of circumstances brought 
about after the complaint has been filed, claims another object or amount of money on the same 
factual basis the defendant may not object to such alternation. 
The complaint shall not be considered altered if the plaintiff altered legal basis of the claim, 
reduced the claim, or modified, supplemented or rectified certain statements whereby the 
statement of claims remained unchanged. 
 
Article 193 
Under conditions referred to in Article 191 of this Law, the plaintiff may alter his/her complaint by 
suing another person instead of the original defendant. 
Consent of the person who is to join the litigation instead of the original defendant shall be 
required for the alternation of the complaint under paragraph 1 of this Article and if the original defendant has already presented arguments on the main subject matter, consent of the defendant 
shall also be required. 
The person joining the litigation instead of the orig inal defendant shall accept the litigation in the 
state existing at the moment he/she enters the litigation. 
 
WITHDRAWAL OF THE COMPLAINT 
 
Article 194 
The plaintiff may withdraw the complaint without consent of the defendant before the defendant 
provides response to the complaint. 
The complaint may also be withdrawn later, before conclusion of the main hearing if the defendant 
grants consent thereto. If the defendant does not make statement thereof within eight days from 
the date of the receipt of the notification of with drawal the complaint, it shall be considered that 
he/she has consented to withdrawal. 
If the complaint has been withdrawn the court shall render ruling which determines that the 
complaint has been withdrawn. Such ruling shall be delivered to the defendant only if the complaint has been previously delivered to him/her. 
Withdrawn complaint shall be considered as not having been filed and may be filed again. 
 IP/N/1/MNE/O/4 
 
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  EXISTENCE OF LITIGATION 
 
Article 195 
Litigation shall start to run from the date the complaint is delivered to the defendant. 
With respect to the claim put forward by the part y in the course of the procedure, the litigation 
shall start to run from the moment of notification of the adverse party of the claim. 
During the course of litigation, a new litigation may not be initiated among the same parties 
regarding the same claim and if such litigation is  initiated the court shall reject the complaint. 
The first instance court shall ex officio  have due regard to whether another litigation between the 
same parties regarding the same claim is already underway. 
 
Article 196 
If one of the parties alienates an object or the righ t that is the subject of the litigation, this shall 
not prevent continuation of the litigation. 
The person who acquired the object or the right that is subject of the litigation may enter the 
procedure as plaintiff or defendant only if the parties grant consent thereto. 
In the case referred to in paragraph 1 of this Article, judgment becomes effective either tp the 
benefit or against the acquirer. 
 
TITLE SIXTEEN 
 
CO - LITIGANTS 
 
Article 197 
Several individuals may institute or be subject to civil procedure in one complaint (co-litigants) if: 
1) they are in legal relationship with regard to the disputed matter or if their rights and obligations 
arise from the same factual and legal basis (material co-litigants); 
2) subject matter of the dispute are claims or obli gations of the same type based on an essentially 
similar factual and legal basis and if there is subject matter and territorial jurisdiction of the same court for each claim and each defendant (formal co-litigants); 
3) this is prescribed by another law. 
Before conclusion of the preliminary hearing or deliberation for the main hearing if the preliminary 
hearing has not been held and under conditions referred to in paragraph 1 of this Article, a new plaintiff may join the plaintiff or the complaint ma y be extended to include another defendant with 
his/her consent. 
Person joining the complaint or person to whom the complaint is being extended shall accept the 
status of the litigation at the date of the joiner. 
 
Article 198 
Plaintiff may institute procedure against two or more defendants in one complaint by requesting 
that the statement of claims be accepted against the subsequent defendant if it has been finally 
refused with a view to the one who is stated in the complaint before him/her (subsidiary co-
litigation). 
Under paragraph 1 of this Article the plaintiff may institute procedure against two or more 
defendants in one complaint only if he/she states the same claim against each one of them or 
states different interrelated claims against each one of them and if the same court has subject matter and territorial jurisdiction for each claim.  IP/N/1/MNE/O/4 
 
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Article 199 
The person, entirely or partially claiming a matter or a right which is the subject of litigation 
between other people may sue both parties in one complaint before the court where the procedure 
is underway before final and enforceable conclusion of the procedure is reached (main 
intervention). 
If the court decides to stay the procedure in the first litigation the judgment by which the claim of 
the main intervener has been accepted is considered prejudicial. 
 
Article 200 
The main debtor and warrantor may be sued together if that it is not in contravention with the 
substance of their warranty agreement. 
 
Article 201 
Each co-litigant shall be independent party in the litigation and his/her actions or omissions shall 
neither benefit nor harm other co-litigants. 
 
Article 202 
If, according to law or due to the nature of legal relationship, the dispute may be resolved only 
equally for all co-litigants (joint co-litigants) they shall be considered as one litigant party, so that if certain co-litigants omit a litigation action, the effect of litigation actions taken by other co-
litigants shall be extended to include those who have not undertaken these actions. 
If co-litigants take different litigation actions the court takes into account that action which is the 
most favourable for them. 
Article 203 
If deadlines for performing certain litigation action for individual joint co-litigants expire at 
different times, such litigation action may be commenced by any co-litigant for which the period 
for commencement of such action is still running. 
 
Article 204 
Each co-litigant shall be entitled to file motions regarding the course of the litigation. 
 
TITLE SEVENTEEN 
 
PARTICIPATION OF THIRD PARTIES IN LITIGATION 
 
PARTICIPATION OF INTERVENERS IN LITIGATION 
 
Article 205 
A person having legal interest in success of one party in the ongoing litigation between other 
individuals may join that party. 
Intervener may join ongoing litigation before the de cision on the statement of claims becomes final 
and enforceable and during the extr aordinary legal remedy procedure. 
A statement on joining the litigation may be given by the intervener at the hearing or in the 
pleading. IP/N/1/MNE/O/4 
 
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  The pleading of intervener shall be delivered to both litigants and if the statement of intervener 
has been given at the hearing, the transcript of that  part of the record shall be delivered only to 
the litigant who failed to appear at the hearing. 
 
Article 206 
Each party may contest participation of intervener in the procedure and propose that the 
participation of the intervener be denied. 
Until the ruling on denying participation of an intervener becomes final and enforceable the 
intervener may participate in the procedure and his/her litigation actions may not be excluded. 
Interlocutory appeal against court decision on accepting participation of intervener shall not be 
allowed. 
 
Article 207 
When joining the litigation, the intervener shall accept litigation in the existing state at the 
moment he/she joins. In the further course of the litigation he/she shall be authorised to file 
motions and take other litigation actions within time limits in which the party he/she has joined might take actions. 
If the intervener has joined the litigation before  the decision on the statement of claims has 
become final and enforceable he/she shall also be entitled to file an extraordinary legal remedy. 
If the intervener files legal remedy, the copy of that same pleading shall also be delivered to the 
party he/she has joined. 
Litigation actions of the intervener have legal effe ct on the party he/she has joined if they do not 
contravene actions of the party. 
After the consent granted by litiga nts, the intervener may enter the litigation as a party instead of 
the party he/she has joined. 
 
Article 208 
If legal effect of the judgment also applies on th e intervener, he/she has the status of joint co-
litigant (Article 202). 
The intervener with the status of joint co-litigant may file extraordinary legal remedy also in the 
litigation in which he/she did not participate as an  intervener before the decision on the statement 
of claims becomes final and enforceable. 
 
APPOINTMENT OF PREDECESSOR 
 
Article 209 
The person who has been sued as a proprietor of an object or user of a right, who claims that 
he/she holds the object or exercises the right on behalf of a third party may at the preliminary 
hearing at the latest or if preliminary hearing has not been held then at the main hearing, before presenting arguments on the main subject matter,  invite that third party (predecessor) through 
the court to enter the litigation as a party. 
Consent of the plaintiff on entering of the predecessor in the litigation instead of defendant is 
required only when the plaintiff sets against the defendant such claims that do not depend on whether the defendant has the object or exercises the right on behalf of the predecessor or not. 
If the predecessor who has been duly summoned fail s to appear at the hearing or refuses to enter 
the litigation, the defendant may not refuse to enter the litigation. 
 
 IP/N/1/MNE/O/4 
 
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  NOTIFYING THE THIRD PARTY ON LITIGATION PROCEDURE 
 
Article 210 
If the defendant or the plaintiff need to notify th e third party about the initiated procedure in order 
to create a certain civil law effect, they can do it at any time before the decision in the procedure 
becomes final and enforceable by a pleading submit ted through the civil court in which they will 
indicate the reason for notification and describe the state of the litigation. 
The party who has notified the third party on the litigation may not, due to that reason, request 
the stay of the procedure that has been initiated, prolongation of the deadlines or postponement of the hearing. 
 
TITLE EIGHTEEN 
 
STAY AND SUSPENSION OF PROCEDURE 
 
Article 211 
The procedure shall be stayed if: 
 
1) the party dies; 2) the party loses litigation capacity while having no agent in that litigation; 3) legal representative of the party dies or his/her authorisation of representation ceases to be 
valid, while the party has no agent in that litigation; 
4) the party who is a legal person ceases to exist or when the competent authority validly decides 
on prohibition of business practice; 
5) the motion for initiation of bankruptcy procedure is filed in disputes where the defendant is a 
bankruptcy debtor; 
6) when the legal consequences of opening the liquidation procedure occur; 
7) the court ceases to function due to war or other causes; 
8) it is so prescribed by another law.  
Article 212 
In addition to the cases explicitly prescribed by this Law, the court shall determine the stay of 
procedure if: 
1) it has decided not to resolve a preliminary matter on its own (Article 14); 
2) the party is located in the region from wh ich the court is not accessible due to emergency 
conditions (flood and the like). 
The court may order a stay of the procedure if the decision on the statement of claims depends on 
whether a criminal or commercial offence prosecutable ex officio  has been committed, if it depends 
on who the offender is and if he/she is responsible and particularly if there is a doubt that the witness or expert witness has given false testimony or if the document used as evidence is false. 
 
Article 213 
All deadlines set for commencing litigation actions shall be terminated during the stay of the 
procedure. IP/N/1/MNE/O/4 
 
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  During the stay of the procedure, the court may no t take any actions in the procedure, but if the 
stay has occurred after the completion of the main hearing the court may render decision on the grounds of that hearing. 
Litigation actions taken by one party during the stay  of procedure shall not have legal effect on the 
other party. Their effect shall start only after the procedure has been resumed. 
 
Article 214 
The procedure stayed due to reasons stated in Article 211, paragraphs 1 through 4 of this Law 
shall resume when an heir or a trustee of hereditary property, new legal representative, legal successors of a legal person take over the proced ure or when the court, at the motion of the 
adverse party, invites them to do so. 
The procedure stayed for the reason specified in ar ticle 211, item 5 of this Law shall continue when 
the bankruptcy court lifts moratorium. 
If the court has stayed the procedure due to the reasons stated in Article 212, paragraph 1, item 1 
and paragraph 2 of this Law the procedure shall resume when it is validly concluded before the 
court or other competent authority or when the court establishes that the reasons for waiting its conclusion cease to exist. 
In all other cases the stayed procedure shall resume at the motion of the party as soon as the 
reasons for the stay cease to exist. 
Deadlines that have ceased to run due to the stay of procedure shall start to run anew for the 
party concerned from the day when the court deliver s the ruling on resumption of the procedure to 
that party. 
Delivery of ruling on resumption of the procedure to the party who did not file the motion for 
resumption of the procedure shall be conducted in accordance with provisions of Article 136 of this 
Law. 
Article 215 
Appeal against the ruling that determines (Article 211) or orders (Article 212) the stay of 
procedure shall not suspend enforcement of the ruling. 
If at the hearing the court denies the motion to  stay the procedure and decides to immediately 
continue the procedure, interlocutory appeal against such ruling shall not be allowed. 
 
Article 216 
The procedure shall be suspended if the party dies or ceases to exist, if in the dispute it is decided 
on the rights that are not assigned to his/her heirs or legal successors.  
In the cases referred to in paragraph 1 of this Ar ticle, the ruling on suspension of the procedure 
shall be delivered to the adverse party, heirs or legal successors of the party after they have been identified.  
At the request of the adverse party or ex officio, the court shall appoint temporary representative 
to the heirs of deceased party to whom it will deli ver the ruling on suspension of the procedure if it 
establishes that the probate procedure might last longer. 
Ruling on suspension of the procedure that has be en rendered due to the fact that legal person 
ceased to exist shall be delivered to the adverse party and legal successor of the legal person if it 
exits. 
Provisions on suspension of the procedure shall accordingly apply to time limits for commencement 
of certain actions until the ruling on suspension of the procedure becomes final and enforceable.  
  IP/N/1/MNE/O/4 
 
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  TITLE NINETEEN 
 
EVIDENCE AND PRESENTATION OF EVIDENCE 
 
GENERAL PROVISIONS 
 
Article 217 
Each party shall present facts and propose evidence which serve as a basis for his/her claim or 
which serve to contest statements and evidence of the adverse party. 
Presentation of evidence includes all facts that are important for rendering the decision. 
The court shall determine which evidence will be presented for the purpose of establishing relevant 
facts. 
 
Article 218 
Generally known facts and facts known to the cour t in performance of its function need not be 
proved. 
Facts admitted by the party during litigation n eed not be proved, but the court may order that 
these facts also be proved if it finds that the part ies by admitting them tend to dispose of claims of 
which they cannot dispose (Article 4 paragraph 3). 
Taking into consideration all the circumstances, the court shall establish whether the fact that was 
first admitted and later entirely or partially denied by the party shall be considered as admitted or 
contested and whether it restricted confession by adding other facts. 
Facts presumed under the law need not be proved , however non-existence of these facts may be 
subject to proving, unless otherwise prescribed by law. 
 
Article 219 
If the court, based on presented evidence (Article 9), may not determine a fact with certainty, it 
shall decide on the existence of that fact by applying rules on the burden of proof. 
The party that claims a right bears the burden of proof of the fact which is relevant for its 
qualification or exercise, unless otherwise prescribed by law. 
The party that contests existence of a right bears the burden of proof of the fact which has 
prevented its qualification or exercise or during which it has ceased to exist, unless otherwise 
prescribed by law. 
 
Article 220 
If it is established that a party is entitled to  the compensation of damages, monetary sum or 
things that are replaceable, but the amount of  money or the quantity of things may not be 
precisely determined or might be determined only with disproportionate difficulties, the court shall 
decide on the matter according to its own evaluation. 
 
Article 221 
Evidence shall be presented at the main hearing. 
The court may decide that certain pieces of evidence be presented before another court (requested 
court). In such case, the record of the presented evidence shall be read at the main hearing. 
When the court decides that a piece of evidence  be presented before the requested court, the 
request for presentation of evidence shall describe status of the matter according to the IP/N/1/MNE/O/4 
 
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  information from the case files with particular emphasis on circumstances which require special 
attention during the presentation of evidence. 
Parties shall be informed about the hearing for presentation of evidence before the requested 
court. 
During the presentation of evidence the requested court shall have the same powers as the 
requesting court during the presentation of evidence at the main hearing. 
Interlocutory appeal against the court ruling which entrusts the hearing of evidence to the 
requested court shall not be allowed. 
 
Article 222 
If, due to circumstances, it may be assumed that  presentation of evidence will not be possible 
within reasonable time frame or if the eviden ce is to be presented abroad the court shall 
determine by its ruling on the presentation of evidence the deadline for the presentation of 
evidence. 
After the set deadline has expired the hearing shall be conducted regardless of the fact that the 
evidence has not been presented. 
 
ON-THE-SPOT INVESTIGATION 
 
Article 223 
On-the-spot investigation shall be conducted when the direct observation of the court is required 
for the determination of a fact or clarification of a circumstance. 
On-the-spot investigation may be conducted with the participation of expert witnesses. 
 
Article 224 
If the object that needs to be investigated may not be brought before the court or its bringing 
would incur significant costs the court shall conduct on-the-spot investigation and take down the 
record thereon. 
 
Article 225 
If the object kept by one of the parties or the third party is to be investigated, provisions of this 
Law on obtaining documents from parties or third parties shall accordingly apply.  
 
DOCUMENTS 
 
Article 226 
A document issued in the prescribed form by a public authority within the limits of its 
competence, i.e. institution or other legal entity under public authority entrusted by law (public 
document) proves authenticity of what is confirmed or determined by it. 
The same evidential value shall be granted to other documents that have under special regulations 
been granted the same status as public documents in terms of evidential value.  
It shall be allowed to prove that the facts in the public document have been falsely established or 
that the document has been issued irregularly. 
Should the authenticity of the document be brough t in question by the court, it may request from 
the authority from which it originates to make a statement in that regard. 
 IP/N/1/MNE/O/4 
 
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  Article 227 
Unless otherwise prescribed by international treaty, foreign public documents that have been duly 
certified and also meet the condition of reciprocity shall have the same evidential value as domestic public documents. 
 
Article 228 
The party shall submit by himself/herself the document proposed as evidence in support of his/her 
statements. 
The document composed in a foreign language shall be submitted with a certified translation by a 
permanent court translator. 
If the document is in the possession of a public au thority or a legal person exercising public power 
and the very party may not have the document either submitted or presented the court shall, at 
the request of the party, obtain such document. 
 
Article 229  
When one party proposes the document and claims it is in the possession of another party, the 
court shall order that party to submit the document within a set deadline. 
The party may not refuse to submit the document if he/she had proposed that document as the 
evidence corroborating his/her statements in the litigation or if his/her obligation to submit or present the document in question is prescribed by law or if the document, according to its content, 
is considered to be common for both parties. 
With respect to the right of the party to refuse to  submit other documents, provisions of Articles 
233 and 234 of this Law shall apply accordingly. 
When the party that is requested to submit the document denies possession of the document, the 
court may hear evidence in order to determine that fact. 
Taking into consideration all the circumstances, the court shall on the basis of its own evaluation 
determine relevance of the party’s refusal to ac t upon the ruling of the court which requires 
submission of the document or his/her denial of possession of the document despite contrary 
opinion of the court. 
Interlocutory appeal against court decision referred to in paragraph 1 of this Article shall not be 
allowed. 
 
Article 230 
At the request of the party, the court may orde r the third party to present the document that 
serves as proof to determine a relevant fact. The third party may deny presentation of the 
document under provisions of Articles 233 and 234 of this Law. 
Before issuance of the decision as to which third party is required to bring the document, the court 
shall invite the third party to make statement on the matter. 
If the third party denies his/her obligation to present the document in his/her possession the court 
shall decide whether the third party is obliged to present the document. 
If the third party denies possession of the document the court may decide to hear the evidence in 
order to establish that fact. 
Final and enforceable ruling on obligation of the third party to present the document may be 
enforced through the competent court according to the enforcement procedure rules. 
The third party shall be entitled to reimbursement of costs incurred as a result of the presentation 
of documents. Provisions of Article 242 of this Law shall apply accordingly in such case. 
 IP/N/1/MNE/O/4 
 
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  WITNESSES 
 
Article 231 
Any person summoned as a witness shall respond to the summons and, unless otherwise 
prescribed by this Law, he/she shall testify. 
Only persons capable of giving information ab out the facts that are being proved may be 
interrogated as witnesses. 
A child may be heard as a witness if the court on the basis of the opinion of a competent authority 
or expert finds that he/she is capable of testifying. 
 
Article 232 
If the person, by giving testimony, would breach his/her duty to keep an official, state or military 
secret he/she may not be heard as witness until the competent authority discharges him/her from that duty. 
 
Article 233 
Witness may refuse to testify on: 
1) what has been divulged to him/her by a party,  in his/her capacity of agent of the party;  
2) what has been confessed to him/her by the party or another person, in his/her capacity of a 
religious confessor; 
3) facts learnt by the witness in his/her capacity of an attorney at law or doctor or during the 
exercise of some other occupation or some other business if there is an obligation to keep as 
secret the matters learnt in the exercise of that occupation or business. 
The court shall instruct those persons that they may refuse to testify. 
 
Article 234 
Witness may refuse to answer particular questions if there are justified reasons and particularly if 
such answer would cause severe disgrace, considerable property damage or criminal prosecution 
to him/her, his/her blood relatives in the direct line up to any degree and in the lateral line up to and including the third degree, his/her marital or non-marital partner or in-laws up to and including the second degree even if the marriage has ended, as well as his/her guardian or person 
under guardianship, adoptive parent or adopted child. 
The court shall inform the witness that he/she may refuse to answer the question that has been 
put.  
 
Article 235 
The witness may not refuse to testify, on the basis of potential property damage, on legal actions 
to which he/she was present as invited witness, on actions which he/she had undertaken in 
respect to the dispute as legal predecessor or repr esentative of one of the parties, on the facts 
related to the property relations conditioned by fami ly or marriage relations, on the facts that are 
related to birth, marriage or death or when he/she is bound under special regulations to report or 
make a statement. 
 
Article 236 
Justifiability of reasons for refusing to testify or answer certain questions shall be evaluated by the 
court before which the witness is to testify. Wher e necessary, the parties shall be previously heard 
thereof. IP/N/1/MNE/O/4 
 
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  Parties shall not be entitled to file interlocutory appeal against the ruling referred to in paragraph 1 
of this Article, while the witness may contest the ruling in an appeal against the ruling on the fine or imprisonment he/she was imposed because of his/her denying to testify or give the requested answer (Article 181, paragraph 2). 
 
Article 237 
The party proposing a certain person to be heard as witness shall in advance state the subject of 
that person’s testimony, his/her name, surn ame and the place of temporary residence. 
 
Article 238 
Witnesses shall be summoned by delivery of written summons which indicate the name and 
surname, occupation of the summoned, time and pl ace of the hearing, the note on the case for 
which he/she is summoned and an indication that he/she is summoned in the capacity of a witness. The summons shall contain warning of the witness in terms of the consequences of 
his/her unjustified absence (Article 181) and his/her right to the reimbursement of costs (Article 
242). 
Juvenile who has not turned 16 years of age shall be summoned as a witness through parents or 
legal representatives.  
Witnesses who may not respond to the summons due to their age, illness or serious physical 
disabilities may be heard in their dwelling or premises in which they reside. 
 
Article 239 
Witnesses shall be heard individually without presence of those witnesses who shall be heard 
afterwards. Witness shall answer verbally. 
The witness shall first be informed about the obligation to speak the truth and not to withhold 
anything and thereupon he/she shall be warned of  the consequences of giving a false testimony. 
The witness shall then be asked about his/her name and surname, father’s name, occupation, 
place of temporary residence, place of birth, age and his/her relation with the parties. 
 
Article 240 
Following general questions, witness shall be examin ed to present everything about facts he/she is 
to testify about and then he/she may be asked questions for the purpose of verification, 
supplementation or clarification. It is not allowed to pose the question formulated in such way to already contain the desired response. 
The witness shall always be asked how he/she has learnt the facts he/she is testifying about. 
Witnesses may be confronted with each other if relevant facts from their statements are in conflict. 
Confronted witnesses shall be heard one by one ab out each fact on which they do not agree and 
their response shall be included in the record. 
 
Article 241 
The witness who does not speak the language in which the procedure is conducted shall be 
interrogated with assistance of interpreter. 
If the witness is deaf, the questions shall be put in writing and if he/she is dumb, he/she shall be 
required to answer in writing. If the hearing cannot be conducted in this manner, a person that 
can communicate with the witness shall be invited to act as interpreter. 
The court shall warn interpreter of his/her duty of accurate interpretation of the questions 
addressed to the witness as well as the statements given by the witness. 
 IP/N/1/MNE/O/4 
 
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  Article 242 
The witness shall be entitled to the reimbursemen t of travel costs, costs for food and overnight 
stay as well as the compensation of the loss of earnings. 
The witness should request reimbursement and wher e applicable the compensation for the loss of 
earning immediately after the hearing, otherwise he/she shall lose this right. The court shall 
inform the witness thereof. 
In the ruling on determining the costs of witness the court shall determine that the set amount be 
paid from the deposited advance payment and if the advance payment has not been deposited the 
party shall be ordered to pay certain amount to the witness within eight days. Appeal against such ruling shall not suspend enforcement of the ruling. 
 
 
EXPERT WITNESSES 
 
Article 243 
The court may decide to hear expert witnesses when the expertise which the court does not have 
is necessary for establishment or clarification of a fact. 
 
Article 244 
The party proposing expert evaluation shall indicate  the subject and scope of expert evaluation in 
the proposal and shall also propose the person from the list of certified expert witnesses who shall 
provide expert evaluation. 
The adverse party shall make statement on the proposed expert witness. If the parties fail to reach agreement on the pers on to be appointed as the expert witness and on 
the subject and scope of the expert evaluati on, the court shall make decision thereon. 
Regardless of the agreement between parties the co urt may designate other expert if it finds the 
examination a complex one. 
 
Article 245 
One expert witness shall perform expert evalua tion, but if the court finds the examination a 
complex one it can designate more expert witnesses. 
Expert witnesses shall predominantly be appoin ted from among certified court experts for a 
specific type of expert evaluation. 
More complex expert evaluation may also be entrusted with professional institutions (hospital, 
chemical laboratory, university and the like). 
If there are institutions specialised in specific types of expert evaluation (expert evaluation of 
counterfeit money, handwriting, typewriting and the like) such expert evaluations shall 
predominantly be entrusted with these institutions. 
 
Article 246 
Expert witnesses shall respond to the court summons and state their findings and opinion. 
The court shall exempt expert witness from the du ty of providing expert evaluation, at his/her 
request, for reasons for which a witness may refuse to  testify or give answer to a specific question. 
The court may also exempt expert witness from the duty of providing expert evaluation, at his/her 
request, for other justified reasons. Exemption fr om the duty of expert evaluation may also be 
requested by an authorised employ ee of the authority or organisation where the expert witness is 
employed. IP/N/1/MNE/O/4 
 
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Article 247 
Expert witness may be exempted for the same re asons for which the judge may be exempted, but 
exceptionally a person who has already testified as witness may be taken as expert witness. 
The party may file the request for exemption of expert witness as soon as he/she learns that there 
is a reason for exemption and at the latest before  the beginning of presentation of evidence in 
expert evaluation. 
The party shall indicate in his/her request for exemption the circumstances on which he/she 
grounds the request for exemption. 
The court shall decide on the request for exemption. Appeal against the ruling on approval of exemptio n of the expert witness shall not be allowed and 
interlocutory appeal against the ruling on rejection of the exemption of expert witness shall not be 
allowed. 
If the party has learned about the reason for exem ption after the performance of expert evaluation 
and objects expert evaluation for that reason, the court shall act as if the request for exemption 
has been filed prior to the expert evaluation. 
 
Article 248 
Expert witness shall be entitled to the reimbursem ent of travel costs, costs for food and overnight 
stay, compensation of the loss of earning and costs of expert evaluation as well as the right to remuneration for conducted expert evaluation. 
Provisions of Article 242, paragraphs 2 and 3 of this Law shall apply accordingly to the 
reimbursement of costs and remuneration of witness expert. 
 
Article 249 
The court shall, by a ruling, decide to hear expe rt evaluation which contains the following: the 
name, surname and occupation of expert witness,  disputed matter, scope and subject of expert 
evaluation and deadlines for filing the findings and opinion in writing. 
 
Article 250 
Expert witness shall be always summoned to the deliberation for the main hearing. 
Transcript of the ruling referred to in Article 249 of this Law shall be delivered to the expert 
witness, together with the summons for the main hearing. 
In the summons, the court shall advise the expert witness that he/she shall present his/her 
opinion conscientiously and in accordance with the rules of science and profession and warn 
him/her of consequences of the failure to deliver findings and opinion within the set deadline or unjustified absence from the hearing, as well as of the right to the remuneration and 
reimbursement of costs. 
 
Article 251 
Unless the court determines otherwise, the expert witness shall always submit to the court his/her 
written findings and opinion before the hearing. 
The expert witness shall always elaborate his/her opinion.  
Article 252 
If the expert witness fails to deliver findings and opinion within the set deadline the court shall 
designate another expert witness after expiry of the deadline left to the parties to state their 
opinion on this matter in writing. IP/N/1/MNE/O/4 
 
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  If the expert witness submits findings or opinion which are unclear, incomplete or contradictory to 
themselves or to other presented evidence, the co urt shall invite the expert witness to supplement 
or correct them and set the deadline for re-submission of findings and opinion. 
If the expert witness fails to submit complete and understandable findings and opinion even upon 
the court invitation the court shall after having heard opinion of the parties designate another 
expert witness. 
 
Article 253 
The court shall deliver expert witness findings and opinion to the parties in writing at least eight 
days before deliberation for the main hearing. 
 
Article 254 
Deliberation for the main hearing shall be held even if the expert witness fails to appear at the 
hearing. 
Exceptionally from paragraph 1 of this Article, shou ld the court find presence of the expert witness 
at the hearing essential for the clarification or supplementation of his/her findings and opinion it may, on proposal of the party, postpone the hearing and schedule a new one to which the expert 
shall be re-summoned. 
 
Article 255 
The court shall allow the expert witness to examine case files as well as to interrogate parties and 
other participants with regard to the subject of expert evaluation. 
 
Article 256 
If several expert witnesses are designated to te stify they may submit their shared findings and 
opinions if they agree in the findings and opinions.  
If findings and opinions of expert witnesses are not in agreement each expert shall submit his/her 
own report separately. 
If the expert opinions substantially differ or if their finding is unclear, incomplete and in 
contradiction with themselves or with the adduced circumstances and those faults cannot be removed by repeated hearing of the expert witnesse s, the expert evaluation shall be repeated by 
the same or other experts. 
If contradictions or faults are found in the opinion of several expert witnesses or a reasonable 
suspicion in the regularity of the given opinion arises and the suspicion and faults cannot be 
removed by repeated hearing of the expert witnesses, opinions of other expert witnesses shall be 
sought. 
 
Article 257 
Appeal against the court ruling under Articles 249 and 252 of this Law shall not be allowed.  
Article 258 
Provisions on the hearing of witnesses shall appl y accordingly to hearing of the expert witnesses 
unless provisions of this Law prescribe otherwise. 
 
Article 259 
Provisions on expert evaluation shall accordingly apply to interpreters.  IP/N/1/MNE/O/4 
 
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  HEARING THE PARTIES 
 
Article 260 
On proposal of the party, the court may order the presentation of evidence by hearing the parties. 
 
Article 261 
If the court is assured that the party or the person who is to be heard as the party is not 
acquainted with disputed facts or if the hearing of that party is not possible it may decide to hear 
the other party only. 
The court shall decide that only one party is to be heard even if the other party refuses to give 
testimony or does not respond to court summons. 
 
Article 262 
The legal representative shall be heard for the pa rty without litigation capacity. Where possible, 
the court may decide that instead of or in addition to the legal representative the party also is 
heard. 
The person appointed for representation of the legal person under law or general act shall be 
heard on behalf of that legal person. 
If several persons take part as one party to the dispute the court shall decide whether to hear all 
of them or only some of them.  
 
Article 263 
Summons to the hearing shall be delivered to the agent of the party who shall communicate it to 
the party or if the party does not have the agent it shall be delivered to the party personally or to 
the person who shall be heard on behalf of the party. 
Summons shall indicate that the evidence shall be presented by interrogating parties at the 
hearing and that the party present at the hearin g shall be heard regardless the absence of the 
other party. 
 
Article 264 
Coercive measures may not be applied against the party who fails to respond to the court 
summons for the hearing, nor may the party be forced to give testimony. 
 
Article 265 
Provisions on the presentation of evidence by hearing witnesses shall also apply to the 
presentation of evidence by hearing the parties,  unless otherwise prescribed for the hearing the 
parties. 
 
TITLE TWENTY 
 
PROVISION OF EVIDENCE 
 
Article 266 
In case of justified belief that a piece of evidence will not be available for presentation or that its 
later presentation may be hindered it may be pr oposed that such evidence be presented in the 
course of and prior to instituting the litigation. IP/N/1/MNE/O/4 
 
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  Provision of evidence may also be requested prior to or in the course of the procedure for 
reopening instituted upon motion. 
 
Article 267 
If the motion for the provision of evidence has been  filed in the course of civil procedure, the court 
conducting this procedure shall be competent to act. 
When the provision of evidence is required before initiation of the procedure, as well as in 
emergency cases if the litigation procedure is already underway, the competent court shall be the 
first instance court on whose territory objects to be examined or persons to be interrogated are located. 
 
Article 268 
In the pleading on request for the provision of ev idence, the applicant shall indicate facts to be 
proved, evidence to be presented and reasons for be lieving that the later presentation of evidence 
will not be possible or that the presentation shall be hindered. Name and surname of the adverse 
party shall be given in the pleading unless, under the circumstances, it may be concluded that he/she is unknown. 
 
Article 269 
The pleading containing motion for the provision of evidence shall be delivered to the adverse 
party if he/she is known. If there is a danger of delay the court shall decide on the motion without 
having previously requested the adverse party to make statement. 
In the ruling on acceptance of the motion, the co urt shall schedule the hearing for the provision of 
evidence, indicate facts in relation to which the evidence shall be presented and shall also indicate 
the evidence to be presented. 
If the pleading containing motion for the provision of evidence has not been previously delivered to 
the adverse party, it shall be delivered together with the court ruling on acceptance of the motion 
for the provision of evidence. 
The court may appoint temporary representative for the adverse party who is unknown or whose 
place of temporary residence is not known for the purpose of his/her participating at the hearing for the presentation of evidence (Article 82). This appointment need not be announced. 
In emergency cases the court may decide to start hearing the evidence before the ruling on 
acceptance of the motion for the provision of ev idence has been delivered to the adverse party. 
Appeal against the court ruling on acceptance of th e motion for the provision of evidence or appeal 
against the ruling to start hearing the evidence prior to having delivered ruling to the adverse 
party shall not be allowed. 
 
Article 270 
In case the evidence has been presented before th e procedure has been initiated the record on the 
presentation of evidence shall be kept at the court where they were presented. 
If the procedure is underway and the court conducting the procedure did not conduct the 
procedure for the provision of evidence, the record shall be forwarded to that court. 
 IP/N/1/MNE/O/4 
 
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  TITLE TWENTY ONE 
 
PREPARATION FOR THE MAIN HEARING 
 
GENERAL PROVISIONS 
 
Article 271 
The court shall start preparations for the main hearing immediately upon receipt of the complaint. 
These preparations shall include initial examination of the complaint, delivery of the complaint to 
the defendant for mandatory response, holding preliminary hearing and scheduling the main hearing. 
During the preparation for the main hearing, the parties may submit pleadings in which they 
indicate facts and evidence whose presentation they intend to propose.  
 
Article 272 
During the preparation for the main hearing, before the main hearing is held, the court is 
authorised to decide on: 
1) predecessor’s entry into the dispute; 
2) participation of intervener; 3) provision of evidence; 4) alteration of complaint; 
5) withdrawal of complaint; 
6) stay of the procedure; 7) temporary security measures; 
8) merging and separating cases; 
9) setting the court’s deadlines and their extension; 10) scheduling and postponement of hearings; 
11) return to the previous stage; 
12) exemption of the party from paying the costs of the procedure; 13) provision of litigation costs; 14) depositing an amount to bear costs of certain litigation actions; 
15) appointing expert witness; 
16) appointing temporary representative; 17) delivery of court writs; 
18) measures for the correction of pleadings; 
19) validity of authorisations and 20) all matters related to conducting the procedure. 
Appeal against decisions made in preparation for the main hearing which are related to conducting 
the procedure shall not be allowed. 
 IP/N/1/MNE/O/4 
 
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  Article 273 
In the course of preparations for the main hear ing the court may render judgment on the basis of 
confession, judgment on the basis of waiver and default judgment and register settlement of the 
parties in the record. 
 
PRELIMINARY EXAMINATION OF THE COMPLAINT 
 
Article 274 
After the preliminary examination of the complain t the court renders rulings under Article 272 of 
this Law, unless it is about matters that by nature or by provisions of this Law may be decided only in the further procedure. 
 
Article 275 
If the court finds that the complaint is either incomprehensible or incomplete or that there are 
defects concerning capacity of the plaintiff or defendant to act as a party to the procedure or 
defects concerning legal representation of the party or defects concerning authorisation of the representative to institute litigation when such authorisation is needed, it shall take necessary 
actions prescribed by this Law in order to remedy defects. 
 
Article 276 
After the preliminary examination of the complaint the court shall render ruling on rejection of the 
complaint if it finds that: 
1) adjudication of the statement of claims does  not fall within the competence of the court; 
2) parties have agreed upon arbitration; 
3) the complaint has not been filed within the prescribed deadline if special regulations prescribe 
deadline for filing such complaint; 
4) litigation concerning the same claim is underway; 
5) final and enforceable judgment has been rendered on the subject matter; 
6) judicial settlement has been reached on the disputed matter, the plaintiff has waived his/her 
statement of claims before the court, there is no legal interest of the plaintiff for filing the complaint for determination and the plaintiff failed to remedy defects referred to in Article 81 and 
106 of this Law within the required deadlines set by the court. 
The court shall render ruling to declare that it is not competent and shall forward the case to a 
different court if it finds that it does not either have territorial or subject matter jurisdiction to 
adjudicate the case. 
 
Article 277 
If the court finds that there is insufficient inform ation to render decision on the matter raised in 
the course of the preliminary examination of the complaint it shall decide on that matter when it receives the response to the complaint or at the preliminary hearing, or at the deliberation for the main hearing if the preliminary hearing has not been held. 
 
RESPONSE TO THE COMPLAINT 
 
Article 278 
The complaint with attachments thereto shall be delivered to the defendant for response within 30 
days after the day of receipt of a correct and complete complaint by the court. IP/N/1/MNE/O/4 
 
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Article 279 
After receipt of the complaint with attachments thereto the defendant shall provide written 
response to the complaint to the court within 30 days. 
When serving the defendant with the complaint, the court shall inform the defendant about his/her 
obligation referred to in paragraph 1 of this Article, required contents of the response to the complaint and consequences of not responding  to the complaint within the set deadline. 
 
Article 280 
In response to the complaint, the defendant shall state possible procedural objections and make 
statement as to whether he/she accepts or contests the claim put forth in the complaint and 
indicate all other information that every wr itten pleading shall contain (Article 103). 
If the statement of claims is contested by the defendant, response to the complaint shall also 
contain facts on which his/her position is grounded and evidence corroborating those facts. 
 
Article 281 
When the court finds that response to the complaint is incomprehensible or incomplete it shall 
proceed in accordance with Article106 of this Law in order to remedy defects. 
 
Article 282 
If, after receipt of response to the complaint, the court finds that there are no disputable facts 
between the parties and that there are no any othe r obstacles for rendering decision it may render 
decision on the dispute without scheduling the hearing. 
 
Article 283  
If the court, upon receipt of the response to the complaint, finds that the facts stated in the 
complaint do not constitute basis for the statement of claims it shall render decision by which it 
shall dismiss the statement of claims. 
Within the meaning of paragraph 1 of this Article, the statement of claims is not grounded if it is 
evidently in contravention with the facts stated in the complaint or if the facts on which the statement of claims is grounded are evidently in contravention with the evidence proposed by the 
plaintiff himself/herself or with the facts which are commonly known. 
 
PRELIMINARY HEARING 
 
Article 284 
The court shall schedule preliminary hearing after receipt of response to the complaint. 
If the defendant failed to deliver response to the complaint and there are no grounds for rendering 
default judgment the court shall schedule preliminar y hearing after expiry of the deadline set for 
filing response to the complaint. 
As a rule, the preliminary hearing shall be held within 30 days after delivery of the written 
response to the complaint by the defendant. 
 
Article 285 
Preliminary hearing is mandatory except in cases where the court, after having received the 
complaint and response to the complaint, determin es that there are no disputable facts between IP/N/1/MNE/O/4 
 
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  the parties (Article 282) or when the preliminary hearing is unnecessary due to the simplicity of 
the case. 
 
Article 286 
In the summons for the preliminary hearing, the court shall inform the parties about consequences 
should they fail to appear at the preliminary he aring and that they are obliged at the preliminary 
hearing at the latest to present all facts on which their claims are based and propose all the 
evidence that they want to present in the course of procedure and shall also inform them about 
their obligation to bring to the hearing all the do cuments and items they want to use as evidence. 
Summons to the preliminary hearing shall be delivered to the parties at the latest eight days 
before the hearing. 
 
Article 287 
Preliminary hearing shall start with a brief presentation of the complaint by the plaintiff to be 
followed by brief response to the complaint by the defendant. 
When required, the court shall demand from parties to clarify their statements and proposals. 
Article 288  
Matters related to any obstacles to further course of the procedure shall be heard after the 
presentation of the complaint and response to th e complaint. Evidence related to these matters 
may be presented at the preliminary hearing when necessary. 
Upon objection of the party or ex officio  the court shall decide on matters referred to in Article 276 
of this Law unless otherwise prescribed by provisions of this Law. 
If the court does not accept objection regarding existence of an obstacle for further course of the 
procedure, the decision on the objection shall be rendered at the same time as the decision on the 
main subject matter, except if the objection refers to territorial jurisdiction. 
Interlocutory appeal against the decision referred to in paragraph 3 of this Article shall not be 
allowed. 
 
Article 289  
In the further course of the preliminary hearing, the proposals by parties and statement of facts on 
which proposals of the parties have been grounded are discussed. 
 
Article 290 
On the basis of the results of deliberations at the preliminary hearing the court shall decide on the 
matters to be discussed and the evidence to be presented at the main hearing. 
The court shall reject motions which it does not hold necessary for rendering the decision and 
state the reasons for the rejection in the ruling. 
Interlocutory appeal against the ruling referred to in paragraph 2 of this Article shall not be 
allowed. 
In the further course of the procedure, the court shall not be bound by its previous rulings referred 
to in this Article. 
 
Article 291 
If the court, on motion of the party, orders he aring of the expert witness and delivery of expert 
findings and opinion, it shall set the deadline for the expert witness to do so. 
When setting this deadline the court shall take into consideration that the expert witness` written 
findings and opinion shall be delivered to the parties no later than eight days before the main 
hearing. IP/N/1/MNE/O/4 
 
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Article 292 
If there are several ongoing litigations before the same court involving the same parties or 
involving one person as the adverse party of differ ent plaintiffs or differe nt defendants the court 
may by the ruling merge all litigations for joint deliberation if that would contribute to a speedier 
deliberation or to a decrease of the costs. All me rged cases shall be decided by a single judgment. 
The court may determine that certain claims from the same complaint be deliberated separately 
and upon completion of separate deliberation it shall render separate decisions on those claims. 
As a rule, the rulings referred to in paragraphs 1 and 2 of this Article may be rendered at the 
preliminary hearing at the latest or by the beginning of the main hearing if the preliminary hearing has not been held. 
Interlocutory appeal against these rulings shall not be allowed. 
 
Article 293 
Complaint shall be considered withdrawn if the plaintiff who has been duly summoned fails to 
appear at the preliminary hearing unless the defendant requests the hearing to be held. 
If duly summoned defendant fails to appear at the preliminary hearing the deliberation shall be 
held with the plaintiff. 
 
Article 294 
Authorisations of the court at the preliminary hearing regarding management of the procedure 
shall be the same as at the main hearing. 
 
SCHEDULING THE MAIN HEARING 
 
Article 295 
At the preliminary hearing, the court ruling shall determine the following: date and hour of the 
main hearing, matters to be deliberated, evidence to be presented by each of the parties and 
persons to be summoned to the main hearing. 
As a rule, the main hearing shall be held within 60 days after the preliminary hearing at the latest. The court may also order the main hearing to be held immediately after the preliminary hearing. 
If the court finds that the main hearing will la st more than one day the deliberation shall be 
scheduled for the number of consecutive days necessary to finalise the hearing in continuation. 
 
Article 296 
Parties present at the preliminary hearing shall be informed about content of the ruling referred to 
in Article 295, paragraph 1 of this Law and the ruling and summons for the main hearing shall not 
be delivered to them. 
The court shall also warn parties of the consequences of their failure to appear at the main 
hearing. 
 
Article 297 
Parties that were not present at the preliminary hearing and witnesses and expert witnesses whom 
the court decided to summon at the preliminary hearing shall be summoned by the court to the 
deliberation for the main hearing. 
In the summons for the main hearing, the court shall warn the invited parties of the consequences 
of their failure to appear at the hearing. IP/N/1/MNE/O/4 
 
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  Certified transcript of the record shall be delivered to the party who was absent from the 
preliminary hearing together with the summons for the main hearing. 
 
 
TITLE TWENTY TWO 
 
MAIN HEARING 
 
COURSE OF THE MAIN HEARING 
 
Article 298 
The judge shall open the main hearing and announce subject of the deliberation. 
After that the judge shall verify whether all the summoned persons have appeared and in case of 
absence the judge shall verify whether the absent  persons have been duly summoned and whether 
they have justified re ason to be absent. 
If duly summoned plaintiff fails to appear without justified reason at the deliberation for the main 
hearing it shall be considered that he/she has withdrawn the complaint unless the defendant 
presents arguments at such a hearing. 
If duly summoned defendant fails to appear at the deliberation for the main hearing the hearing 
shall be held without his/her presence. 
 
Article 299 
Upon objection of the party or ex officio , the court shall first determine if there are procedural 
obstacles for further procedure and proceed in accordance with Article 276 of this Law unless 
otherwise prescribed by provisions of this Law. 
If the court does not accept objection referred to in  paragraph 1 of this Article, the ruling on the 
objection shall be rendered together with the ruling on the main subject matter regardless of 
whether it was discussed separately or together with the main subject matter.  
Interlocutory appeal against the decision on re jecting objection of the party referred to in 
paragraph 1 of this Article shall not be allowed. 
 
Article 300 
If the preliminary hearing has not been previously held the first deliberation for the main hearing 
shall start with concise presentation of the complaint followed by concise response of the 
defendant to the statements contained in the complaint.  
In the further course of the procedure the court sh all determine by its ruling which evidence shall 
be presented at the main hearing. 
The court shall dismiss the proposed evidence which it does not consider relevant for rendering the 
decision and shall also indicate in the ruling the reasons for such dismissal. 
Interlocutory appeal against the ruling which either orders or dismisses presentation of evidence 
shall not be allowed. 
In the further course of litigation the court is not bound by its previous ruling on the presentation 
of evidence. 
 
Article 301 
If the preliminary hearing has been held, the ev idence presented at the main hearing shall be 
those whose presentation has been ordered by court ruling at that hearing.  IP/N/1/MNE/O/4 
 
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Article 302 
Procedure at the main hearing shall be oral and th e evidence shall be presented directly before the 
court unless otherwise prescribed by this Law. 
 
Article 303 
Parties may present new facts and propose new evidence in the course of the main hearing only if 
they satisfy the court that, without their fault, they could not have presented or proposed them at 
the preliminary hearing. 
 
Article 304 
The party and his/her representative or agent may, upon approval of the court, pose direct 
questions to the adverse party, witnesses and expert witnesses. 
The court shall prohibit the party to pose a particular question or shall prohibit answering to a 
particular question if the question implies the answer or if the question is not related to the case. 
At the request of the party, the question prohibit ed by the court shall be registered in the court 
record, as well as the question to which the answer has been banned. 
 
Article 305 
The already heard witnesses and expert witnesses shall stay in the courtroom unless the court 
after consulting the parties fully dismisses them  or orders that they temporarily leave the 
courtroom. 
The court may order that the already heard witnesses be later called again and heard one more 
time either in presence or absence of other witnesses or expert witnesses. 
 
Article 306 
After presentation of all the evidence, parties starti ng from the plaintiff shall be entitled to address 
the court with the closing statement which summarises legal and factual aspects of the case. The 
court may allow the plaintiff to express himself/herself briefly regarding closing statement of the defendant. If the plaintiff is allowed to express himself/herself regarding closing statement of the defendant, then defendant is also entitled to express himself/herself briefly regarding closing 
statements of the plaintiff. 
 
Article 307 
After all the stages of the main hearing have been completed and the case has become ready for 
rendering the judgment the court shall state th at the main hearing has been concluded. 
The court may decide to conclude the main hearing even when certain case files containing 
information necessary for rendering the decision are still to be obtained or if the record on the 
evidence obtained from the requested judge is awaited, where the parties renounce deliberation 
on those evidence or the court believes that such deliberation is not necessary. 
 
PUBLICITY OF THE MAIN HEARING 
 
Article 308 
The main hearing shall be public. 
Only adults may attend the hearing. Persons attending the hearing shall not carry weapons or dangerous tools. IP/N/1/MNE/O/4 
 
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  Paragraph 3 of this Article shall not apply to law enforcement officers who protect persons 
participating in the procedure.  
 
Article 309 
The court may exclude public from the entire main hearing or a part of it if so required in order to 
preserve the state, official, business or personal secret or to protect interests of public order or morals. 
The court may also exclude public when measures for the maintenance of order at the hearing 
provided by this Law cannot ensure unhindered course of the hearing. 
 
Article 310 
Exclusion of public does not apply to the parties, their legal representatives, agents and 
interveners. 
The court may allow certain official persons, scientific and public workers to attend the main 
hearing that is closed for public if it is relevant for their profession or scientific and public activity. 
In case of the exclusion of pub lic, at the request of the party, the court may also allow that two 
persons at the most determined by the party be present at the main hearing. 
The court shall inform persons attending the hearing that is closed for public that they shall keep 
as confidential the matters relating to the hearing and warn them of the consequences of disclosing such secret. 
 
Article 311 
The court shall decide on exclusion of public by a ruling that shall be explained and made available 
to the public. 
Interlocutory appeal against the ruling on the exclusion of public shall not be allowed. 
 
Article 312 
Provisions pertaining to publicity at the main hearing shall apply accordingly to the preliminary 
hearing, deliberations outside the main hearing and deliberation before the requested judge. 
 
CONDUCTING THE MAIN HEARING 
 
Article 313 
The court shall conduct the main hearing, interrogate parties, present evidence, give parties, their 
legal representatives and agents permission to speak. 
The court shall ensure that the main hearing is conducted on the right track and in proper manner 
without any unnecessary delays. 
The court shall maintain order and dignity of the court during the main hearing. 
The court is not bound by its ruling related to conducting the procedure. Interlocutory appeal against the ruling related to  conducting the procedure shall not be allowed. 
 
Article 314 
The court renders decisions on the matters referred to in Article 272 and decisions referred to in 
Article 273 of this Law outside deliberation for the main hearing. 
 IP/N/1/MNE/O/4 
 
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  Article 315 
The court may postpone a scheduled deliberation for the main hearing before it is held if it finds 
that the legal requirements for its holding have no t been met or that evidence that need to be 
presented will not have been obtained for the main hearing. 
No later than eight days before holding of the deliberation the court shall check whether the 
conditions referred to in paragraph 1 of this Article have been met. 
When it postpones the deliberation the court shall immediately notify all summoned parties about 
the date of new deliberation.  
 
Article 316 
On motion of the party, the court may postpone deliberation that has already begun only for the 
following reasons: 
1) if through no fault of the party who proposes postponement of the deliberation it is not possible 
to present a piece of evidence whose presentati on has been decided and which is relevant for 
rendering correct decision; 
2) if both parties propose postponement in order to attempt to reach an amicable alternative 
dispute resolution.  
The party may request postponement for the same reason only once. 
When deliberation is postponed the court shall immediately notify parties of the place and time of 
new deliberation. The court is not obliged to notify the party who is not present at the postponed deliberation although duly summoned about the place and time of new deliberation unless the 
adverse party has presented new facts or proposed new evidence (Article 303).  
 
Article 317 
If at the court deliberation it is not possible to present a piece of evidence whose presentation was 
decided the court shall decide to hold deliberation if the other evidence may be presented and to have that specific piece of evidence presented subsequently at a new deliberation. 
 
Article 318 
Actions that have already been conducted shall be  repeated at the new court deliberation that was 
scheduled after postponement of the hearing only if the court finds it necessary for rendering the 
correct judgment.  
 
Article 319 
Deliberation for the main hearing may not be postponed for an indefinite period of time. 
Deliberation for the main hearing may not be postponed for the period longer than 30 days except 
under Article 222 and Article 329, paragraph 2 of this Law. 
When it postpones deliberation the court shall take all available actions before the next 
deliberation commences in order to remove obstacles that led to the postponement so that the hearing may be finalised at that new deliberation. 
Appeal against the court ruling on postponement of the deliberation or the ruling on refusal of the 
motion of the parties to postpone the main hearing shall not be allowed.  
 
Article 320 
If an initiated deliberation cannot be finalised during the same day the court shall order 
continuance of deliberation for the next working day. 
 IP/N/1/MNE/O/4 
 
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  Article 321 
If the deliberation is postponed, new deliberation shall be held before the same judge if possible. If new deliberation is held before the same judge the main hearing shall continue and the judge 
shall briefly present the course of previous deliberations. 
If the deliberation is held before a new judge th e main hearing shall start from the beginning, but 
after the parties make their statements the judge may decide that witnesses and expert witnesses 
are not interrogated again and that a new on-the-spot investigation is not conducted and that it is 
not determined the fact again by interrogation of the parties, instead he/she may decide to read 
records on presentation of this evidence.  
Exceptionally from paragraph 3 of this Article the judge shall decide to read testimonies of 
witnesses and expert witnesses who are deceased, who suffer from mental disorder or those who 
are not available to the court.  
 
TITLE TWENTY THREE 
 
ALTERNATIVE DISPUTE RESOLUTION 
 
JUDICIAL SETTLEMENT 
 
Article 322 
At any time during the procedure the parties may settle their dispute (judicial settlement). 
Judicial settlement may pertain to the whole statement of claims or to a part thereof. 
Judicial settlement before the court may not be concluded with regards to the claims of which the 
parties may not dispose (Article 4, paragraph 2). 
When the court renders ruling which does not allow for settlement between the parties the 
procedure shall be suspended until the ruling becomes final and enforceable. 
 
Article 323 
The court shall throughout entire procedure attempt to have the parties settle the case in a 
manner which does not compromise its impartiality. 
 
Article 324 
As a rule, judicial settlement is concluded before the court of first instance. If the appeal procedure has been instituted before  the court of second instance, the court of first 
instance shall notify the court of second instance of the concluded judicial settlement. 
Judicial settlement may also be concluded before the court of second instance when the main 
hearing is held before the court of second instance. 
If the settlement is concluded after rendering the first instance judgment the court shall reverse 
that judgment by the ruling. 
 
Article 325 
Judicial settlement between parties shall be entered in the record. 
Judicial settlement is reached when parties have signed the settlement record after having read 
the record. 
Parties shall be issued a certified transcript of the record on judicial settlement. IP/N/1/MNE/O/4 
 
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Article 326 
During the procedure the court of first instance shall ex officio have due regard as to whether the 
litigation concerns disputed matter on which the judicial settlement has been previously reached. 
If it finds that the litigation concerns the matter on which the judicial settlement has been 
previously reached it shall dismiss the complaint.  
 
Article 327 
Judicial settlement may only be contested by the complaint. If a judicial settlement is annulled, procedure continues as if in litigation on statement of 
claims had not been concluded. 
Judicial settlement may be annulled if it has been reached under delusion, duress or deceit. 
Judicial settlement may also be annulled if the pe rson who participated in the conclusion of the 
settlement could not have been a party to the procedure or the party without litigation capacity 
was not represented by legal representative or if the party was represented by an unauthorised 
person or a person who did not have necessary authorisation for some litigation actions, unless those actions were subsequently allowed.  
Complaint for annulment of the settlement referred to in paragraphs 2 and 3 of this Article may be 
filed within three months from the day when the reasons for annulment become known, but not longer than three years from the day when judicial settlement was concluded. 
The settlement is null and void if it was concluded in respect with the claims which the parties may 
not dispose of (Article 4, paragraph 3). 
 
Article 328 
The person who intends to file complaint may a ttempt to reach settlement through the court of 
first instance on whose jurisdiction the adverse party resides. 
The court to which such motion has been filed sh all invite the adverse party and introduce him/her 
with the proposed settlement. 
The costs of such procedure shall be borne by the proposing party.  
MEDIATION 
 
Article 329 
If the court finds that the dispute might be successfully resolved by mediation it shall suspend the 
procedure and refer parties to the mediation procedure. 
After the deadline of 90 days has expired and the parties do not resolve the dispute by mediation 
the court shall schedule deliberation.  
 
Article 330 
Mediation shall be prescribed by a separate law.  IP/N/1/MNE/O/4 
 
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  TITLE TWENTY FOUR 
 
JUDGMENT 
 
Article 331 
The court shall render judgment on the claim concerning main subject matter and subsidiary 
claims. 
As a rule, if there are several claims the court shall decide on all those claims by a single 
judgment. 
If several litigations have been merged for joint deliberation and only one litigation has been 
become mature for rendering the judgment, then judgment on that specific litigation may be 
rendered. 
 
Article 332 
The court may order the defendant to take certain action only if it is due before conclusion of the 
main hearing. 
If the court accepts the request for maintenance, for the compensation of damage in the form of 
annuity for the loss of earning or other income from work or because of lost maintenance, it may 
bind the defendant to take actions that are not yet due. 
If the action that is subject of the statement of  claims is not due until conclusion of the main 
hearing the court shall dismiss the statement of claims as premature. 
Article 333 
If the plaintiff has requested in the complaint that a certain object be awarded to him/her and has 
simultaneously declared in the complaint or before conclusion of the main hearing that he/she is 
ready to accept a certain amount of money in lieu of  the object, the court shall, in case it accepts 
the statement of claims, state in the judgmen t that the defendant may be released from 
surrendering the object if he/she pays the specified amount. 
 
Article 334 
When the party is ordered by the judgment to perform a certain action, a deadline shall be set for 
him/her to do so. 
Unless otherwise prescribed by special regulations the deadline for performance of the action shall 
be 15 days, but the court may set longer deadline for performances that do not involve monetary obligations. In disputes concerning bills of exchange and checks this deadline shall be eight days. 
Deadline for performance of the action shall start to run from the first day after the transcript of 
the final and enforceable judgment has been delivered to the party who is ordered to perform the action unless otherwise prescribed by law.  
 
PARTIAL JUDGMENT 
 
Article 335 
If out of several claims only some of them are re ady for final decision because of confession or on 
the basis of the hearing or if only a part of one claim is ready for final decision the court may conclude the hearing related to the claims that are ready or to the part of the claim that is ready 
and render judgment (partial judgment). 
The court may render partial judgment when a counter-claim has been filed if only the claim from 
the complaint or only the claim from the counter-complaint are ready for rendering decision. IP/N/1/MNE/O/4 
 
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  When assessing whether to render partial judgment the court shall take into special consideration 
size of the claim or the part of  the claims ready for decision. 
In the litigation where the complaint or the counter-claim comprises several claims partial 
judgment is not allowed if the ground of those cl aims, due to the nature of the disputed matter, 
may be decided only by a single judgment. 
As far as the legal remedies and enforcement are concerned the partial judgment shall be 
considered as a separate judgment. 
 
INTERIM JUDGMENT 
 
Article 336 
If the defendant has contested both, basis of the statement of claims and amount of the statement 
of claims and in respect to the basis the subject matter is ready for rendering decision the court may for the reasons of purposefulness first render the judgment only related to the basis of the 
statement of claims (interim judgment).  
The court shall cease deliberations on the amo unt of the claims until the interim judgment 
becomes final and enforceable. 
 
JUDGMENT BASED ON CONFESSION  
 
Article 337 
If the defendant entirely or partially confesses the statement of claims or part of the statement of 
claims before conclusion of the main hearing the court shall without further deliberation render judgment accepting the statement of claims in the part related to confession of the statement of 
claims (judgment based on confession). 
The court shall not render judgment based on confessi on even if the required conditions have been 
met if it finds that parties may not dispose of the claim (Article 4, paragraph 3). 
Rendering the judgment based on confession shall be postponed if there is a need to obtain 
information about circumstances referred to in paragraph 2 of this Article. 
Confession of the statement of claims may be with drawn by the defendant either at the hearing or 
in a written pleading without consent of the plaintiff before the judgment has been rendered. 
 
JUDGMENT BASED ON WAIVER 
 
Article 338 
Should the plaintiff waive his/her statement of clai ms or part of the statement of claims before 
conclusion of the main hearing, the court shall without further deliberation render judgment 
refusing the statement of claims in the part waiv ed by the plaintiff (judgment based on waiver). 
No consent of the defendant is required for waiving statement of claims. The court shall not render judgment on the basis of  waiver even if all required conditions have 
been met if it finds that parties may not dispose of such claim (Article 4, paragraph 3). 
Rendering the judgment based on waiver shall be post poned if it is necessary to previously obtain 
information related to the circumstances referred to in paragraph 3 of this Article. 
Waiver of the statement of claims may be withdraw n by the plaintiff either at the hearing or in a 
written pleading and without the consent of the defendant before the judgment has been 
rendered. 
 IP/N/1/MNE/O/4 
 
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  DEFAULT JUDGMENT 
 
Article 339 
If the defendant fails to respond to the complaint within the deadline prescribed in Article 279, 
paragraph 1 of this Law the court shall render judg ment accepting the statement of claims (default 
judgment) if the following conditions have been met: 
1) if the defendant has been duly served the complaint for response; 
2) if those are not the claims that the parties cannot dispose of (Article 4, paragraph 3); 
3) if the basis of the statement of claims arises from the facts specified in the complaint; 4) if the facts on which the statement of claims is based are not in contravention with the evidence 
submitted by the very plaintiff or generally known facts. 
 
Rendering default judgment shall be postponed if it is necessary to previously obtain information 
on circumstances referred to in paragraph 1 of this Article. 
 
RENDERING, DRAFTING AND DELIVERING THE JUDGMENT 
 
Article 340 
The court shall render judgment no later than 30 days after conclusion of the main hearing. The 
day when the judgment is rendered in writing shall be considered a time of delivery of the judgment. 
If the judge exceeds the deadline set in paragraph 1 of this Article he/she shall inform the 
President of the court in writing about the reasons for such exceeding. 
 
Article 341 
After conclusion of the main hearing the court shall inform the present parties of the date when 
the judgment shall be rendered. If one party was absent from the main hearing the court shall 
inform him/her in writing about the day when the judgment shall be rendered. 
Parties or their representatives or agents shal l take over the judgment in the court house. 
If parties were duly informed of the date when the judgment was rendered, the deadline for the 
appeal against the judgment shall start to run from the next day after the judgment has been 
rendered. 
After conclusion of the main hearing parties will be warned that the deadline for the appeal against 
the judgment shall start to run from the next day after the judgment has been rendered. 
 
Article 342 
At the time of rendering the judgment (Article 340)  the court may, at the request of the party, 
decide to serve the judgment under provisions regarding delivery in this Law if the party is not 
able take over the judgment (Article 341, paragraph 2). 
By all means, the court shall serve the judgment under provisions on delivery in this Law to the 
party that was not duly informed of the date of rendering the judgment. 
 
Article 343 
Default judgment and judgment of the court of the second instance rendered without hearing shall 
be served to the parties under provisions on delivery in this Law. 
 IP/N/1/MNE/O/4 
 
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  Article 344 
In the case referred to in Article 340, paragraph 2 of this Law the court shall, as soon as it learns 
that the day of rendering the judgment will be po stponed, notify parties thereof and serve the 
judgment to parties afterwards under provisions on delivery in this Law. 
 
Article 345 
In cases referred to in Articles 342, 343 and 344 of this Law, the deadline for the legal remedy 
shall start to run from the day after the day of receipt of the judgment. 
 
Article 346 
The judge shall sign the original judgment. 
 
Article 347 
Written judgment shall contain the following: introduction, operative part, reasoning and 
instruction regarding the right to the legal remedy against the judgment. 
Introduction to the judgment shall contain the foll owing: name of the court, name and surname of 
the judge, name and surname and permanent or te mporary place of residence of parties, their 
representatives and agents, short description of di sputed matter and its value, date of conclusion 
of the main hearing, note on parties, their re presentatives and agents attending the hearing and 
date when the judgment was rendered. 
Operative part of the judgment shall contain the following: decision on acceptance or rejection of 
certain claims pertaining to the main subject matter and subsidiary claims, decision on the 
existence or non-existence of the claim put forwar d for the purpose of compensation of debts as 
well as the decision on litigation costs. 
Reasoning shall contain the following: claims of pa rties, facts they presented and evidence they 
proposed, which of the facts were subject to dete rmination, why and how it determined them and 
if it determined them with the evidence then what evidence it presented and how it evaluated 
them. The court shall particularly indicate which provisions of substantive law it applied in deciding 
at the request s of parties and if necessary it shall also make the statement as to the legal basis of the dispute, its motions and objections for which it did not produce reasons in decisions it has already rendered in the course of the procedure. 
Reasoning for default judgment, judgment based on confession or judgment based on waiver shall 
indicate only the reasons that justify rendering such judgments. 
 
SUPPLEMENTAL JUDGMENT 
 
Article 348 
If the court has failed to decide on all claims or pa rt of the claim that is to be decided by judgment 
the party may propose to the court to supplement the judgment within 15 days from the date of receipt of the judgment. 
If the party does not file motion for rendering supplemental judgment it shall be considered that 
the complaint is withdrawn in this part. 
Untimely and unjustified motion to supplement the judgment shall be dismissed or rejected by the 
court without deliberation. 
 
Article 349 
When the court finds that the motion to supplement the judgment is justified it shall schedule the 
main hearing to render the judgment on th e request that has not been decided upon 
(supplemental judgment). IP/N/1/MNE/O/4 
 
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  Supplemental judgment may be also rendered without reopening the main hearing if this judgment 
is to be rendered by the judge who rendered th e original judgment and if the request for which 
supplementation is required has been sufficiently deliberated upon.  
If the motion to supplement the judgment refers only to the costs of procedure decision on the 
motion shall be rendered by the court without holding the hearing. 
 
Article 350 
If the appeal against the judgment has been f iled along with the motion to supplement the 
judgment, the court of first instance shall suspen d delivery of the appeal to the court of second 
instance until decision on the motion to su pplement the judgment has been reached and the 
deadline for appeal against this decision expires. 
If the appeal is filed against the decision to  supplement the judgment, this appeal shall be 
delivered to the court of second instance along with the appeal against the original judgment. 
If the first instance judgment is contested by th e appeal only because the court of first instance 
has not decided on all claims of parties that are the subject of litigation the appeal shall be 
considered as a motion of the party to reach supplemental judgment. 
 
CORRECTION OF JUDGMENT 
 
Article 351 
Misspelled names and mistakes in numbers and other obvious mistakes in writing and calculation, 
defects in form and discrepancy between transcript of the judgment and the original shall be 
corrected by the court at any time. 
The correction shall be made by a separate rulin g and entered at the end of the original and the 
parties shall be served with transcript of the ruling. 
If there is discrepancy between the original an d transcript of the judgment with regard to any 
decision contained in the operative part of th e judgment, parties shall be provided with the 
corrected transcript of the judgment with a note indicating that the previous transcript of the 
judgment has been replaced with that transcript. In  such case the deadline for filing legal remedy 
related to the corrected part of the judgment shal l start to run from the date of delivery of the 
corrected transcript of the judgment. 
The court may decide on correction of the judgment without hearing the parties. 
 
FINAL AND ENFORECABLE JUDGMENT 
 
Article 352 
The judgment that cannot be further contested by appeal shall become final and enforceable if it 
decides on the claim of the complaint or counter-complaint. 
The court of first instance shall have due regard to whether final and enforceable decision has 
been rendered on the matter, except on the motion of parties and ex officio , and if it finds that the 
litigation has been instituted concerning the clai m that has been previously decided by final and 
enforceable decision it shall dismiss the complaint. 
If the judgment decides on the claim put fo rward by the defendant for the purpose of 
compensation of debts, the decision on existence or non-existence of that claim shall become final 
and enforceable. 
 
Article 353 
Final and enforceable judgment shall have legal effect only on parties except in the cases when 
due to the nature of the disputed relation or according to the law it has effects on third parties. IP/N/1/MNE/O/4 
 
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  Final and enforceable judgment is bound with the st ate of the legal relationship at the time when 
the main hearing was concluded. 
 
Article 354 
In later litigation initiated upon complaint of the party against intervener who participated with 
him/her in the previous litigation, the court may not decide contrary to previously rendered decision except if it accepts objection to the dispute conducted in a non-conscientious manner. 
 
Article 355 
The court shall be bound by its judgment as soon as it has been rendered. The judgment shall become effective for the parties from the date when it is rendered, while in 
cases referred to in Articles 342, 343 and 344 of this Law it shall become effective from the day it 
has been delivered to them. 
 
TITLE TWENTY FIVE 
 
RULING 
 
Article 356 
Any ruling rendered at the hearing shall be pronounced by the court.  The ruling that has been pronounced at the hearin g shall be delivered to the parties in certified 
transcript only if interlocutory appeal against that ruling is allowed or if immediate enforcement 
may be requested immediately on the basis of that ru ling or if so required for the proper managing 
of the litigation. 
The court shall be bound by its rulings if they do not refer to managing the litigation or if otherwise 
prescribed by this Law. 
When the ruling is not to be delivered, its effect on parties commences with its pronouncement. 
 
Article 357 
Rulings rendered by the court outside the hearing shall be communicated to the parties by delivery 
of the certified transcript of the ruling. 
If the motion of one party is dismissed by the ruling without previously hearing the adverse party 
the ruling shall not be delivered to that party. 
 
Article 358 
The ruling shall contain reasoning if interlocutory appeal is allowed against it, but it may also 
contain reasoning in other cases when so required. 
 
Article 359 
Final and enforceable rulings on sanctions imposed under provisions of this Law shall be enforced 
ex officio . 
 
Article 360 
Provisions of Articles 334, 340 through 347 and Article 355, paragraph 2 of this Law shall also 
apply accordingly to the rulings. IP/N/1/MNE/O/4 
 
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TITLE TWENTY SIX 
 
ORDINARY LEGAL REMEDIES 
 APPEAL AGAINST JUDGMENT 
Right to Appeal 
 
Article 361 
Parties may file appeal against the first instance judgment within 15 days from the day of 
rendering or from delivery of transcript of the judgment unless a different deadline is prescribed by this Law. In disputes concerning bills of exch ange and checks the deadline shall be eight days. 
Appeal filed within the prescribed deadline prev ents effectiveness of the judgment in the part 
contested by the appeal. 
The court of second instance shall decide on appeal against the judgment. 
 
Article 362 
The party may waive the right to appeal from the moment of the receipt of transcript of the 
judgment. 
The party may withdraw an already filed appeal unt il the second instance judgment is rendered. 
Waiver or withdrawal of appeal may not be revoked.  
Content of Appeal 
 
Article 363 
Appeal shall contain the following: 
1) indication of the judgment against which the appeal is filed; 
2) statement indicating whether the judgment  is contested entirely or partially; 
3) reasons for appeal, including reasoning; 
4) signature of appellant. 
 
Article 364 
If on the basis of information contained in the appeal it is impossible to establish which judgment 
is contested or if the appeal is not signed (incomplete appeal) the court of first instance shall, by the ruling against which the appeal shall not be  allowed, order the appellant to supplement or 
correct the appeal within eight days. 
If the appellant fails to act as requested by the court within the deadline referred to in paragraph 1 
of this Article the court shall render ruling on rejection of appeal as incomplete. 
If the appeal has other faults concerning the conten t, the court of first instance shall refer appeal 
to the court of second instance without inviting the applicant to supplement or correct it. Supplements submitted after expiry of the deadline fo r filing appeal shall not be taken into account 
by the court of second instance. 
 IP/N/1/MNE/O/4 
 
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  Article 365 
New facts may not be presented and new evidence may not be proposed in appeal except if the 
appellant proves that he/she was unable to present or propose them earlier without his/her fault before conclusion of the main hearing before the court of first instance. 
When referring to the new facts the appellant shall indicate the evidence corroborating those facts 
and when proposing new evidence the appellant shal l specify which facts are to be corroborated by 
that evidence. 
Objections regarding the statute of limitation and compensation of debts that have not been raised 
before the court of first instance may not be raised in the appeal. 
If new costs have been incurred due to the presentation of new facts and proposal of new evidence 
in the appeal procedure these costs shall be borne by the party that presented new facts or 
proposed new evidence regardless of outcome of the dispute. 
 
Reasons for Contesting the Judgment 
 
Article 366 
Judgment may be appealed on the following grounds: 
 
1) substantial violation of provisions of the civil procedure; 2) erroneously or incompletely determined facts; 3) misapplication of the substantive law. 
 Default judgment may not be contested on the basis of erroneously or incompletely 
determined facts.  
Judgment based on confession and judgment based on waiver may be contested on the basis of 
substantial violations of provisions of civil proc edure or because the statement of confession or 
waiver was given under delusion, duress or deceit. 
If the judgment based on confession and judgme nt based on waiver are contested because the 
statement of confession or waiver was given under delusion, duress or deceit the party may 
present new facts in the appeal and propose new evidence concerning statements given under duress.  
 
Article 367 
Substantial violation of provisions of the civil procedure exists if the court, in the course of the 
procedure, failed to apply or improperly applied any provision of this Law which could have 
affected rendering of lawful and correct judgment. 
Substantial violation of provisions of the civil procedure always exists in the following cases: 1) if the judge who has not been present at the main hearing has participated in rendering the 
judgment; 
2) if the judge who according to the law should have been exempted (Article 69, paragraph 1, 
items 1 through 6) or the one who has been exempt ed by the ruling of the court has participated 
in rendering the judgment; 
3) if the decision has been rendered on the claim in the dispute that does not fall within 
jurisdiction of the court (Article 19); 
4) if it has been decided on the claim which was filed after expiry of the deadline prescribed by 
law; 
5) if the court has decided on the statement of claims for which another type of court has subject 
matter jurisdiction; IP/N/1/MNE/O/4 
 
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  6) if the court, on the objection by the part y that the disputed matter was subject of the 
arbitration agreement reached in the decision which was included in the judgment, has wrongly decided that it was competent; 
7) if, in contravention with provisions of this Law, the court grounded its decision on prohibited 
disposition by parties (Article 4, paragraph 3); 
8) if the court has rendered default judgment, judgment based on confession, or judgment based 
on waiver in contravention with the provisions of this Law; 
9) if one of the parties has not been presented an opportunity to speak before the court as a result 
of illegal action, particularly the failure of delivery,  
10) if, in contravention with provisions of this Law, the court has refused request of the party to 
use his/her own language in the procedure or the language he/she understands and to follow the 
procedure in his/her own language or the language he/she understands and the party appeals 
against it; 
11) if the court has rendered judgment without holding the main hearing and was bound to hold 
the main hearing; 
12) if the person who cannot act as a party to the procedure has acted as the plaintiff or the 
defendant or if the party which is a legal person was not represented by the authorised person or 
if the person without litigation capacity was not re presented by legal representative or if the legal 
representative or agent of the party did not have proper authorisation to conduct the litigation or specific litigation actions if conducting the litigation or some actions in the procedure have not been approved afterwards, 
13) if it has been decided on a dispute which is already in litigation before another court or which 
has earlier been effectively ruled or which was decided in judicial settlement; 
14) if the main hearing has been closed for public in contravention with the law; 
15) if the judgment contains faults that cannot be examined, particularly if the operative part of 
the judgment is not understandable, if it contradi cts itself or reasons of the judgment or if the 
judgment does not have any reasons at all or if the reasons for relevant facts are not stated or the 
reasons are either unclear or contradictory or there is a contradiction in respect to the relevant 
facts between what is stated in the reasons for the judgment on the content of the documents or 
records of the statements given in the procedure and actual content of the documents and court records. 
 
Article 368 
Erroneously or incompletely determined facts exist when the court has erroneously established or 
failed to determine a relevant fact. 
Incompletely determined facts also exists when the new evidence or facts so indicate. 
 
Article 369 
Misapplication of substantive law exists when the court failed to apply provision of the substantive 
law which it should have applied or when such provision has not been properly applied. 
 
Appeal Procedure 
 
Article 370 
Appeal shall be filed with the court of first instance in a sufficient number of copies for the court 
and the adverse party. 
 IP/N/1/MNE/O/4 
 
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  Article 371 
Untimely, incomplete (Article 364, paragraph 1) or inadmissible appeal shall be dismissed by the 
ruling of the court of first instance without holding a hearing. 
Appeal shall be considered untimely if filed after expiry of the deadline prescribed for its filing. 
Appeal shall be considered inadmissible if filed by the person who has not been authorised to file 
appeal or person who waived or withdrew appeal or if the person who filed appeal does not have the legal interest to do so. 
 
Article 372 
A copy of timely, complete and admissible appeal shall be delivered by the court of first instance to 
the adverse party that may file response to the appe al before that court within eight days from the 
receipt thereof. 
A copy of response to the appeal shall be delivered  to the appellant by the court of first instance. 
 Untimely response to the appeal shall not be considered by the court of second instance. 
 
Article 373 
After receipt of the response to the appeal or af ter expiry of the deadline for the response to the 
appeal, the court shall forward the appeal and resp onse to the appeal if filed together with the 
entire case files to the court of second instance within eight days at the latest. 
If the appellant claims that provisions of civil pr ocedure have been violated in the course of the 
first instance procedure, the court of first instance may provide explanation related to the 
statements contained in the appeal concerning these violations and if needed it shall conduct on- 
the-spot investigations to check accuracy of these statements contained in the appeal. 
 
Article 374 
When the case files upon appeal reach the court of second instance the judge rapporteur shall 
prepare report for the purpose of examining the case by the appeal Panel. 
When required, the judge rapporteur may obtain report from the court of first instance on 
violations of provisions of the civil procedure an d other faults indicated in appeal and request on-
the-spot investigations in order to establish those violations. 
 
Article 375 
The court of second instance shall decide on appeal in a Panel session or on the basis of the 
hearing. 
The court of second instance shall schedule hearing when it finds that in order to properly 
determine facts it is necessary to determine new facts or hear new evidence under conditions referred to in Article 365, paragraphs 1 and 2 of this Law. 
The court of second instance shall also schedul e hearing when the first instance judgment has 
been reversed twice according the provisions of this law, and when the Panel session finds that the judgment against which the appeal has been filed is based on substantial violations of provisions of the civil procedure or erroneously or incompletely determined facts. 
The court of second instance may also schedule hearing when it finds that in order to properly 
establish facts it is necessary to again present before the second instance court all or some pieces of evidence that have already been presented before the court of first instance.  
 IP/N/1/MNE/O/4 
 
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  Article 376 
Parties, their legal representatives or agents sha ll be summoned to the hearing, as well as those 
witnesses and experts whom the court decides to hear. 
If the appellant fails to appear at the hearing, th e hearing shall not be held and decision shall be 
rendered based on statements contained in the appeal and response to the appeal. 
If the party other than appellant fails to appear in the hearing the court shall hold the hearing and 
render decision. 
In the summons for the hearing, the party shall be warned of the consequences of failure to 
appear in the court. 
 
Article 377 
The hearing before the court of second instance sh all start with a brief presentation of the judge 
rapporteur about the state of the case without giving his/her own opinion as to whether the appeal is justified or not. 
After this the judgment or part of the judgment a ppealed shall be read and if necessary record 
from the main hearing before the court of first instance shall be read as well. Thereafter the appellant shall explain the basis for his/her appe al and the adverse party shall respond to the 
appeal. 
If a piece of evidence cannot be presented any more  the court of second instance shall decide that 
the record on the presentation of that evidence be read. 
 
Article 378 
Provisions prescribed for the procedure before the court of first instance shall apply accordingly to 
the procedure before the court of second instance. 
 
Limits of Examination of the First Instance Judgment 
 
Article 379 
The court of second instance shall examine the fi rst instance judgment in the part which has been 
contested by appeal within the limits of the reas ons stated in the appeal and having due regard ex 
officio  to application of substantive law and violations of provisions of the civil procedure referred 
to in Article 367 paragraph 2, items 3, 7 and 12 of this Law. 
Exceeding the statement of claims shall be taken into consideration by the court of second 
instance only at the request of the party.  
 
Decisions of the Second Instance Court on Appeal 
 
Article 380 
The court of second instance may at the Panel session or on the basis of a hearing: 1) dismiss the appeal as untimely, incomplete or inadmissible; 2) reject the appeal as unjustified an d confirm the first instance judgment; 
3) reverse the first instance judgment and remand the case to the first instance court for retrial; 
4) reverse the first instance judgment and dismiss complaint or 5) overrule the first instance judgment. 
 
The second instance court is not bound with motion for appeal. IP/N/1/MNE/O/4 
 
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Article 381 
Untimely, incomplete or inadmissible appeal shall be  dismissed by the court of second instance by 
its ruling, if the first instance court failed to do so. 
 
Article 382 
By the judgment, the court of second instance sh all dismiss the appeal as groundless and confirm 
the first instance judgment if it finds there are no reasons for contesting the judgment or that 
there are no reasons to be taken into consideration ex officio.  
 
Article 383 
The court of second instance shall render decision to reverse the judgment of the court of first 
instance should it find that there is a substantial violation of provisions of the civil procedure (Article 367) and it shall remand the case to the same court of first instance or assign it to the 
competent court of first instance for the purpose of holding a new main hearing. In this ruling the 
court of second instance shall decide which particular actions affected by the violation of provisions of the civil procedure shall be reversed. 
If provisions of Article 367, paragraph 2, items 3, 4, 6 and 13 of this Law have been violated in the 
procedure before the court of first instance the court of second instance shall reverse the first instance judgment and dismiss the complaint. 
If in the procedure before the court of first inst ance the provisions of Article 367, paragraph 2, 
item 12 of this Law have been violated the second instance court shall, considering nature of the 
violation, reverse the first instance judgment and remand the case to the competent court of first 
instance or it shall reverse the first instance judgment and dismiss the complaint. 
 
Article 384 
The court of second instance shall also by its ruling reverse the judgment of the court of first 
instance and remand the case to that court for a new trial if it believes that proper determination 
of the facts requires holding a new main hearing before the court of first instance. 
The second instance court shall also act in the same way if due to erroneous application of 
substantive law the determination of the facts has not been complete. 
 
Article 385 
When the court of second instance reverses judg ment of the court of first instance and remands 
the case to the same court for retrial it may order that the main hearing be held before another 
judge. 
 
Article 386 
If it finds that the first instance judgment exceeded the statement of claims whereby the court 
decided about another statement of claims instead of the one which was requested, the second instance court shall render ruling to reverse the judgment of the court of first instance and remand 
the case for retrial. 
If it finds that the first instance judgment ex ceeded the statement of claims whereby more was 
awarded than what was requested, the court of seco nd instance shall render ruling to reverse the 
judgment of the court of first instance in this part in which the statement of claims has been 
exceeded. 
 IP/N/1/MNE/O/4 
 
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  Article 387 
The court of second instance shall overrule the judgment of the first instance court with its own 
judgment in the following cases: 
1) if on the basis of the hearing it has determined different facts from those determined by the 
first instance judgment; 
2) if the court of first instance erroneously eval uated documents and indirectly presented evidence 
whereby the decision of the first instance cour t is exclusively grounded on such evidence; 
3) if the court of first instance on the basis of facts it determined drew wrong conclusion about 
existence of other facts and such facts form grounds of the judgment; 
4) if it believes that the facts in the first instance judgment are correctly determined, but that the 
court of first instance erroneously applied substantive law. 
 
Article 388 
The court of second instance may not overrule th e judgment to the detriment of the appellant if 
only that party filed appeal. 
 
Article 389 
The court of second instance shall in the reason ing of the judgment or ruling assess reasons of 
appeal that are of crucial importance and state the reasons it has taken into consideration ex 
officio . 
When the first instance judgment is reversed because of substantial violations of provisions of the 
civil procedure the reasoning shall indicate which provisions have been violated and what the 
violations consist of. 
If the first instance judgment is reversed and the case remanded to the court of first instance for 
retrial for the purpose of proper determination of facts, it shall be indicated which faults in 
determination of facts have been made. 
 
Article 390 
The court of second instance shall remand all case files to the court of first instance accompanied 
with a sufficient number of certified transcripts of its own decision for the purpose of delivery to the parties and other persons concerned within 30 days from rendering the decision. 
 
Article 391 
Immediately upon receipt of the ruling rendered by  the court of second instance, the court of first 
instance shall schedule deliberation for the main hearing which shall be held no later than 30 days 
from the day of receiving the ruling of the second instance court. 
The court of first instance shall conduct all litigation actions and clarify all disputed matters 
indicated in the ruling of the second instance court. 
 
Article 392 
Provisions of Articles 383 through 386, 389, paragraphs 2 and 3, and Article 391 of this Law do 
not apply when the court of second instance, under provisions of this law, has held the main 
hearing. 
 IP/N/1/MNE/O/4 
 
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  APPEAL AGAINST THE RULING 
 
Article 393 
Appeal against the ruling of the court of first instance shall be allowed unless this Law prescribes 
that the appeal shall not be allowed. 
If this Law explicitly prescribes that interlocutory appeal shall not be allowed, the ruling of the 
court of first instance may be contested only in the appeal against the final decision. 
 
Article 394 
Timely filed appeal shall suspend enforcement of the ruling unless this Law prescribes otherwise. 
The ruling against which interlocutory appeal is allowed may be enforced immediately. 
 
Article 395 
When deciding on appeal, the court of second instance may: 
1) dismiss the appeal as untimely, incomplete or inadmissible; 
2) reject the appeal as ungrounded and confirm ruling of the court of first instance; 3) accept the appeal and overrule or reverse the ruling and remand the case for retrial if 
necessary. 
 
Article 396 
Provisions pertaining to the appeal against the judgment shall apply accordingly when deciding on 
appeal against the ruling, except for the provisions on holding the hearing before the court of 
second instance. 
 
TITLE TWENTY SEVEN 
 
EXTRAORDINARY LEGAL REMEDIES 
 
REVIEW 
 
Article 397 
Parties may file request for review of the final and enforceable judgment of the court of second 
instance within 30 days from the day of the delivery of the judgment. 
The review shall not be allowed in property disput es where the statement of claims relates to an 
amount of money, delivery of an object or committing some other action if the value of the 
disputed matter in the contested part of the fi nal and enforceable judgment does not exceed the 
amount of EUR 10 000.  
The review shall not be allowed in property disput es when the statement of claims does not relate 
an amount of money, delivery of an object or committing some other action if the value of the disputed matter indicated in the complaint by the plaintiff does not exceed the amount of EUR 10 
000. 
Exceptionally and related to the statement of claims  referred to in paragraphs 2 and 3 of this Law, 
the review shall always be allowed: 
1) in disputes on maintenance support when th e maintenance support has been determined for 
the first time or reversed; IP/N/1/MNE/O/4 
 
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  2) in disputes regarding the compensation of damage for the lost maintenance support due to the 
death of supporter of the maintenance and due to the loss of earning or other income from work when those compensations have been determined for the first time or reversed; 
3) in property disputes arising from unconstitutional and illegal individual acts and actions by 
which legal or natural persons are placed in an unfair position in the market due to their seat or 
place of permanent residence or the market is vi olated in some other manner, involving disputes 
on the compensation of damage caused by it. 
 
Article 398 
The Supreme Court of the Republic of Mo ntenegro shall decide on the review. 
 
Article 399 
The submitted request for review shall not susp end enforcement of the final and enforceable 
judgment for which it has been filed. 
 
Article 400 
The review may be requested for the following reasons: 
1) substantial violation of provisions of the civ il procedure referred to in Article 367, paragraph 2 
of this Law unless the court of first instance has decided on the statement of claims for which the other type of court is competent (Article 367, paragr aph 2, item 5) or if court of first instance on 
the objection of the party, according to which the arbitration agreement has been concluded for 
the dispute, erroneously decided in the decision that was included in the judgment that it is 
competent (Article 367, paragraph 2, item 6) or if the court of first instance rendered judgment without the main hearing, though it was obliged to hold it (Article 367, paragraph 2, item 11) or if 
it has been decided on the claim which is already in the undergoing litigation (Article 367, 
paragraph 2, item 13) or if the main hearing has been closed for public contrary to the law (Article 367, paragraph 2, item 14). 
2) substantial violation of provisions of the civ il procedure referred to in Article 367, paragraph 1 
of this Law committed in the court of second instance; 
3) misapplication of substantive law. Review may be requested for exceeding the statemen t of claims only if such violation has been 
committed before the court of second instance. 
Review may be not requested for erroneou sly or incompletely determined facts. 
Review may be requested for the judgment rendered in second instance by which the first instance 
judgment based on confession is confirmed only for the reasons stated in paragraph 1, items 1 
and 2 and paragraph 2 of this Article. 
Review may not be requested for the judgment rendered in second instance which confirms the 
first instance judgment for substantial violations of provisions of civil procedure referred to in 
paragraph 1, item 1 of this Article if their existence has not been indicted in the claim, except for the violations to which the court of review and the second instance have due regard ex officio. 
 
Article 401 
The review court shall examine the contested judgment only in the part which has been contested 
by the request for review and within the limits of reasons indicated in the request for revision 
having due regard ex officio  to the substantial violation of provisions of the civil procedure referred 
to in Article 367, paragraph 2, item 12 of this Article and proper application of substantive law. 
 IP/N/1/MNE/O/4 
 
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  Article 402 
Parties are entitled to state new facts and propose new evidence in the request for review only if 
they are linked to the substantial violation of provisions of the civil procedure for which the review may be requested. 
 
Article 403 
The request for review shall be filed with the court that rendered the first instance judgment in a 
sufficient number of copies for the court and the adverse party. 
 
Article 404 
The court of first instance shall by its ruling di smiss untimely, incomplete or inadmissible request 
for review without holding the hearing. 
The review is inadmissible if filed by a person that is not authorised to file for review or a person 
who waived review or if a person who filed for the re view does not have legal interest to file review 
or if the review has been filed against the judgment for which the review may not be filed under 
the law. 
 
Article 405 
Copy of timely, complete and admissible request fo r review shall be delivered to the adverse party 
by the court of first instance within eight days. 
The adverse party may submit to the court its response to the request for review within eight days 
from the day of receipt of the request for the review. 
After receiving the response or after making statem ent regarding the review or after expiry of the 
deadline for responding the first instance court shall forward the request for review and the 
response to the review, if filed, along with all ca se files to the review court through the court of 
second instance within eight days. 
 
Article 406 
The review court shall decide without holding the hearing.  
Article 407 
Untimely, incomplete or inadmissible review shall be dismissed by the review court in its ruling if 
the court of first instance failed to do so within the limits of its powers (Article 404). 
 
Article 408 
The review court shall in its judgment dismiss the re quest for review as ungrounded if it finds that 
the reasons for which the review was requested and the reasons to be taken into consideration ex 
officio  do not exist. 
 
Article 409 
If it determines the existence of substantial violations of provisions of civil procedure referred to in 
Article 367, paragraphs 1 and 2 of this Law, wh ich justifies the request for review, with the 
exception of violations referred to in paragraphs 2 and 3 of this Article, the review court shall render ruling on entirely or partially reversing the second instance judgment and first instance 
judgment or only the second instance judgment and shall remand the case for retrial to the same 
or a different judge of the court of first instance or the same or different Panel of the court of second instance or to another competent court. IP/N/1/MNE/O/4 
 
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  The review court shall reverse the rendered decisions and dismiss complaint in the event of 
violation referred to in Article 367, paragraph 2, item 3, 4, 6 and 13 of this Law in the procedure before the court of first and second instance. 
 
In the event of violation referred to in Article 367, paragraph 2, item 12 of this Law before the 
court of first and second instance and depending on  the nature of the violation, the review court 
shall proceed in accordance with provisions from paragraphs 1 or 2 of this Article. 
 
Article 410 
If the review court finds that the substantive law has been misapplied it shall render a judgment 
admitting the request for review an d overruling the contested judgment. 
If the review court determines that the facts have been incompletely determined due to the 
misapplication of the substantive law that theref ore the requirements for overruling the contested 
judgment have not been met, it shall entirely or  partially reverse judgment of the court of first 
instance and court of second instance or only judgment of the court of second instance and 
remand the case for retrial to same or different Panel of the court of first instance or court of second instance. 
 
Article 411 
Should the review court determine that the statem ent of claims has been exceeded by the final 
and enforceable second instance judgment it shal l, depending on the nature of the exceed the 
statement of claims, reverse the judgment of the court of second instance in its ruling and if 
necessary remand the case to the second instance court for retrial. 
 
Article 412 
Decision of the review court shall be delivered to the court of first instance through the court of 
second instance within 30 days from rendering the decision. 
 
Article 413 
Unless stipulated otherwise in Articles 397 through 412 of this Law, the provisions of this Law on 
the appeal against a judgment from Article 362, paragraphs 2 and 3, Article 363, 364, 369, Article 
372, paragraph 2, article 374, 380, 385, and Articles 388 through 391 of this Law shall apply 
accordingly to the review procedure. 
 
Article 414 
Parties may also file request for review against the final and enforceable ruling rendered by the 
second instance court which effectively concluded the procedure. 
The request for review of the ruling referred to in paragraph 1 of this Article shall not be allowed in 
disputes where the review against the final and enforceable judgment would not be allowed (Article 397, paragraphs 2 and 3). 
Review shall always be allowed for the second instance ruling on dismissal of appeal or 
confirmation of the first instance decision on rejection of the review. 
Review shall always be allowed against second instance ruling by which it has been finally decided 
on the motion for reopening the procedure. 
Provisions of this Law regulating the review of the judgment shall apply accordingly to the 
procedure upon the review of the ruling. 
 IP/N/1/MNE/O/4 
 
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  Article 415 
The court to which the case has been remanded for retrial is bound in this case with legal opinion 
which forms grounds for ruling of the review court which has reversed the second instance judgment or reversed the second instance and first instance judgment. 
 
Article 416 
Public prosecutor may file request for the protection of legality against final and enforceable court 
decision only on grounds of substantial violations of provisions of civil procedure referred to in 
Article 367, paragraph 2, item 7 of the Law within three months. 
The deadline for filing request for the protection of legality referred to in paragraph 1 of this Article 
shall be counted as follows: 
1) against the decision rendered in the first instance against which appeal has not been filed – as 
of the day when it was not possible to contest that decision by an appeal; 
2) against the decision rendered in second instance - as of the day when that decision has been 
delivered to the party to which it has been delivered later. 
 Request for the protection of legality shall not be allowed against the decision rendered upon 
review by the court competent to decide on that legal remedy (Article 398). 
 
Article 417 
The court referred to in Article 398 of this Law de cides on the request for protection of legality. 
 
Article 418 
If both, the request for review and request for the pr otection of legality have been filed against the 
same decision, the court referred to in Article 398 of this Law shall decide on those legal remedies 
by rendering a single decision. 
 
Article 419 
Public prosecutor shall be notified of holding th e session where the court shall consider the request 
for protection of legality. 
 
Article 420 
When deciding upon request for the protection of legality, the court shall restrict itself only to the 
examination of the violation set forth by the public prosecutor in his/her request. 
Unless otherwise provided by Articles 416 throug h 419 of this Law, in the procedure on the 
request for the protection of le gality the provisions Articles 399, 402 through 409 and Articles 412 
and 413) of this Law shall apply accordingly. 
 
REOPENING THE PROCEDURE 
 
Article 421 
Procedure completed by a final court decision may be reopened at the party's motion if: 
1) a party has not been given the possibility to be heard before the court by some illegal action, 
particularly omission of delivery; 
2) the personal delivery of the first writ has been  conducted in accordance with article 141 of this 
Law and the party was continually absent longer than three months; IP/N/1/MNE/O/4 
 
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  3) the person who may not be a party to the procedure participated in the procedure in capacity of 
plaintiff or defendant or a legal person in capacity of party has not been represented by an authorised person, or a party without litigation capacity was not represented by legal representative, or if legal representative or agent of the party has not had necessary authorisation 
for conducting the procedure or particular litigation actions, unless conducting the procedure or 
particular litigation actions, has been subsequently approved; 
4) the court decision has been grounded on a false testimony by a witness or expert witness;  
5) the court decision has been grounded on a false document or a document where the false 
content has been certified; 
6) rendering the court decision involved a criminal act of the judge, legal representative or the 
agent of the party, adverse party or any third party; 
7) the party acquires possibility to use the fina l and enforceable decision of the court which has 
already been rendered on the same dispute and between the same parties; 
8) the court decision has been grounded on the other decision of the court or some other authority 
and that other decision is effectivel y overruled, reversed and annulled; 
9) the party learns new facts or finds or acquires the possibility to use new evidence that would 
have led to a more favorable decision for the party if those facts or evidence had been presented 
in the previous procedure. 
 
Article 422 
Reopening the procedure may not be requested for the reasons stated in Article 421, items 1 and 
3 of this Law if the same reason was unsuccessfully presented in the previous procedure. 
Reopening due to the circumstances stated in Arti cle 421, sub- paragraphs 7, 8 and 9 of this Law 
may be allowed only if a party, through his/her fault, was unable to present those circumstances 
prior to the conclusion of the previous proced ure by the final and enforceable court decision. 
 
Article 423 
Motion for reopening shall be fi led within 30 days, as follows: 
1) in the case referred to in Article 421, items 1 and 2 of this Law – as of the date when the 
decision was delivered to the party. 
2) in the case referred to in Article 421, item 3 of this Law, if a person who may not be party in 
the procedure has participated in the procedure in capacity of the plaintiff or defendant – as of the 
date the decision was delivered to that person; if  a legal person in capacity of a party is not 
represented by an authorised person or if a party without litigation capacity has not been 
represented by legal representative – as of the date the decision was delivered to the party or 
his/her legal representative; if a legal representative or party's agent has not had the necessary authorisation for conducting the procedure or for particular litigation actions – as of the date the 
party found out about that reason; 
3) in the cases referred to in Article 421, items 4 through 6 of this Law – as of the date the party 
learnt about the final and enforceable judgment in  the criminal procedure; and if the criminal 
procedure may not be conducted then as of the date he/she learned about suspension of the 
procedure or circumstances due to which the procedure may not be initiated; 
4) in cases referred to in Article 421, items 7 and 8 of this Law – as of the date when the party 
was able to execute the final and enforceable decision of the court which is the reason for 
reopening the procedure; 
5) in the case referred to in Article 421, item 9 of this Law – as of the date the party was able to 
present new facts or new evidence to the court. 
If a deadline set in paragraph 1 of this Article would commence before the decision becomes final 
and enforceable, the deadline shall be counted from the date the decision becomes final and enforceable unless a legal remedy has been filed ag ainst it or from the delivery of the final and 
enforceable decision of higher court rendered in the last instance. IP/N/1/MNE/O/4 
 
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  Motion for reopening the procedure may not be file d after expiry of five years from the date the 
decision has become final and enforceable, unless reopening is requested for the reasons stated in Article 421, items 1, 2 and 3 of this Law. 
 
Article 424 
Motion for reopening the procedure shall always be filed with the court that rendered the first 
instance decision. 
The motion shall contain the following: the legal grounds for reopening, the circumstances 
indicating that the motion was filed within th e deadline determined by law and the evidence 
corroborating arguments of the proposing party. 
 
Article 425 
The court shall reject by its ruling the untimely (Article 423), incomplete (Article 424, paragraph 2) 
or inadmissible (Article 423) motions for reopening the procedure without holding a hearing. 
If the court does not reject the motion, it shall serve the copy of the motion to the adverse party 
under provisions of Article 136 of this Law who is  entitled to give the response within 15 days. 
 
Article 426 
After the motion for reopening the procedure has been filed the court of first instance may hold 
deliberation to discuss the motion. 
 
Article 427 
The court of first instance decides on the motion, except if the reason for reopening the procedure 
is only related exclusively to the procedure before a higher court (Article 428) 
The court decides on the motion for reopening for procedure its ruling. 
The ruling which allows reopening the procedure shall pronounce that the decision rendered in the 
previous procedure is reversed. 
The court shall set the main hearing only after the ruling which allows reopening the procedure 
becomes final and enforceable. At the new main hearing, parties may present new facts and propose new evidence apart from those for which the reopening the procedure has been allowed if 
they prove it likely that they were not able to present or propose them in the previous procedure 
without their fault. 
 
Article 428 
If the reason for reopening the procedure relates exclusively to the procedure before higher court 
then the court of first instance shall, upon receipt of  the response to the motion if it has been filed, 
or after holding a hearing for deliberation on the motion for reopening the procedure, forward the 
case to the higher court to render decision. 
When the case is received by the higher court, th e court shall act under provisions of Article 374 of 
this Law. 
The higher court decides on motion for reopen ing the procedure without holding a hearing. 
When the higher court finds that the reason stated in favor of motion for reopening the procedure 
is justified and that it is not necessary to hold a new main hearing, it shall reverse its own decision and also the decision of higher court if it exis ts and render new decision on the main subject 
matter.  
Article 428a 
 
When the European Court of Human Rights establishes violation of basic human rights and 
fundamental freedoms guaranteed by the Conventi on for the Protection of Human Rights and IP/N/1/MNE/O/4 
 
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  Fundamental Freedoms, the party may, within three months from the final judgment of the 
European Court of Human Rights, submit request to the court in the Republic of Montenegro, which judged in the first instance in the case where was made a decision that violates human rights and fundamental freedoms, to change the decision by  which that right or fundamental freedoms have 
been violated, if committed violation cannot be re moved in any other way except by reopening of 
procedure.   
Procedure referred to in paragraph 1 of this articl e is implemented with the appropriate application 
of the provisions on the reopening of procedure.  In the reopening of procedure, the court is bo und by the legal views expressed in the final 
judgment of the European Court of Human Rights by  which is established violation of basic human 
rights and freedoms. 
 
RELATION BETWEEN MOTION FOR REOPENING THE PROCEDURE AND OTHER 
EXTRAORDINARY LEGAL REMEDIES 
 
Article 429 
If the party files the motion for reopening the pr ocedure due to reasons and within the deadline for 
filing the review, it shall be considered that the party filed request for review. 
Should the party file request for review for reasons started under Article 367, paragraph 2, 
item 13 of this Law or simultaneously or subsequently the files motion for the reopening the 
procedure for any reason under Article 421 of this Law, the court shall stay the procedure with regard to the motion for the reopening the procedur e until the conclusion of the review procedure. 
If the party files request for review for any of the reasons, with the exception of that stated in 
Article 367, paragraph 2, item 13 of this Law and simultaneously or subsequently files motion for reopening the procedure for the reasons stated in Article 421, items 4 through 6 of this Law 
corroborated by the final and enforceable judgment re ndered in criminal procedure, the court shall 
stay the review procedure until the conclusion of the procedure with regard to the motion for reopening the procedure. 
In all other cases where a party files request for review and simultaneously or subsequently files 
motion for reopening the procedure, the court shall decide which procedure to resume and which 
one to stay, taking into consideration all circumstances and particularly the reasons due to which both legal remedies have been filed and evidence proposed by parties. 
 
Article 430  
Provisions of Article 429, paragraphs 1 and 3 of th is Law shall also apply when the party first filed 
motion for reopening the procedure and thereafter filed request for review. 
In all other cases where a party files motion for reopening the procedure and thereafter files 
request for review, the court shall, as a rule, stay  the review procedure until the conclusion of the 
reopening procedure, unless it finds serious reasons demanding different actions. 
 
Article 431 
The court of first instance shall render ruling referre d to in Article 429 of this Law if the motion for 
reopening the procedure reaches the court of first instance before the case for review reaches the 
review court. If the motion for reopening the procedure reaches the court of first instance after the case has already been referred to the review court, the ruling referred to in Article 429 of this Law 
shall be rendered by the review court. 
The court of first instance shall render ruling referred to in Article 430 of this Law, except if the 
case, at the time the request for review is received at the court of first instance, has been delivered to the higher court to render decision on reopening the procedure upon motion (Article 
428, paragraph 1) in which case the ruling shall be rendered by the higher court. 
Appeal against ruling referred to in paragraphs 1 and 2 of this Article shall not be allowed. IP/N/1/MNE/O/4 
 
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Article 432 
Provisions of Articles 429 through 433 of this Law shall accordingly apply when the public 
prosecutor in compliance with provisions of Article 416 of this Law files request for the protection 
of legality and the party submits motion for reop ening the procedure before, at the time or after 
that time. 
 
P A R T THREE 
 
SPECIAL PROCEDURES 
TITLE TWENTY EIGHT 
 
PROCEDURE IN LITIGATION CONCERNING LABOUR RELATIONS 
 
Article 433 
Other provisions of this law shall apply in the litigation concerning labor relations, unless this Title 
contains special provisions. 
 
Article 434 
In the litigation on labor relations, particularly when setting the deadlines and deliberations, the 
court shall always give expedited treatment to the labor disputes. 
 
Article 435 
In the course of the procedure the court may ex officio determine temporary measures which are 
applied in enforcement procedure to prevent violent actions or remove irreparable damage. 
Interlocutory appeal against this ruling shall not be allowed. 
 
Article 436 
The court shall, in the judgment ordering the performance of certain action, set a deadline of eight 
days for the performance of that action. 
 
Article 437 
The deadline for filing an appeal shall be eight days.  
Article 438 
The review is allowed only in disputes concerning the beginning, existence and termination of 
employment. 
 IP/N/1/MNE/O/4 
 
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  TITLE TWENTY NINE 
 
PROCEDURE IN LITIGATION CONCERNING TRESPASSING 
 
Article 439 
Other provisions of this Law shall apply in the litigation on trespassing, unless this Title contains 
special provisions. 
 
Article 440 
In setting the deadlines and deliberations on complaints for trespassing, the court shall always 
have due regard to the necessity of expedited tr eatment considering the nature of every single 
case. 
 
Article 441 
The deliberation on the complaint for trespassing shall be limited to deliberation and proving of 
facts pertaining to the latest situation of possession and the disturbance thereof.  
The deliberation as to the right to the real estate, legal grounds and possession of real estate in 
good faith and in bad faith or claims for award of damages shall be excluded. 
 
Article 442  
In the course of the procedure court may ex officio  determine temporary measures, without 
hearing of the adverse party, that are applied in enforcement procedure to eliminate immediate 
threat against legal damage, prevent violence or eliminate irreparable damage. Interlocutory appeal against this ruling shall not be allowed. 
 
Article 443 
The deadline for filing appeal is eight days. 
In extraordinary circumstances the court may de cide that that the appeal shall not suspend 
enforcement of the ruling. 
The request for review shall not be allowed against rulings rendered in the litigation concerning the 
trespassing. 
 
Article 444 
In the enforcement procedure, the plaintiff shall lo se the right to request enforcement of the ruling 
rendered upon the complaint for the trespass whic h orders the defendant to perform certain action 
unless he/she requested enforcement within the 30 days upon expiry of the deadline set by the 
ruling for the performance of that action. 
 
Article 445 
Reopening the procedure on trespassing that has be en finalised with final and enforceable decision 
shall be allowed only for the reason under Article 421, items 1, 2 and 3 of this Law and only within 
30 days from the date of rendering final and enforceable ruling on trespassing. 
  IP/N/1/MNE/O/4 
 
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  TITLE THIRTY 
 
SMALL CLAIM DISPUTES PROCEDURE 
 
Article 446 
Other provisions of this Law shall apply to the small claim disputes procedure, unless this Title 
contains special provisions. 
 
Article 447 
For the purposes of the provisions of this Titl e, small claim disputes are those in which the 
statement of claims refers to the pecuniary claim that does not exceed the amount of EUR 500.00. 
Small claim disputes shall also include disputes in which the statement of claims is not of 
pecuniary nature and the plaintiff has stated in the complaint that he/she will accept certain monetary sum that does not exceed the amount referred to in paragraph 1 of this Article in lieu of  
the obligation disclosed in the complaint (Article 36, paragraph 1). 
Small claim disputes shall also include those disputes in which the statement of claims is not of 
pecuniary nature, but the transfer of a moveable asset whose value, as stated in the complaint by 
the plaintiff, hat does not exceed the amount referred to in paragraph 1 of this Article (Article 36, 
paragraph 2). 
 
Article 448 
For the purposes of the provisions of this Title, disputes concerning real estate, labor relations and 
trespassing shall not fall within the category of small claim disputes.  
 
Article 449 
In the small claim disputes, the interlocutory appeal shall be allowed only against the ruling on 
conclusion of the procedure. 
Other rulings, against which an appeal is allowed in accordance with this Law, may be contested 
only by the appeal against the decision on conclusion of the procedure. 
Rulings referred to in paragraph 2 of this Article shall not be delivered to the parties, but shall be 
pronounced at the hearing instead and incl uded in written form of the decision. 
 
Article 450 
In the small claim disputes procedure, the reco r d  o f  t h e  m a i n  h e a r i n g ,  i n  a d d i t i o n  t o  t h e  
information required under Article 118, paragraph 1 of this Law shall also contain the following: 
1) statements of parties which are important, particularly the ones which entirely or partly admit 
the statement of claims or waive the statement of claims or the appeal, or overrule or withdraw 
complaint; 
2) significant substance of the presented evidence; 3) decisions against which the appeal is allowed and which have been pronounced at the mean 
hearing; 
4) whether the parties were present during pron ouncement of the judgment and, if they were, 
whether they were instructed about conditions of the appeal. 
 IP/N/1/MNE/O/4 
 
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  Article 451 
If the plaintiff amends the statement of clai ms so that the value of the dispute exceeds 
EUR 500.00, the procedure shall be concluded in accordance with the provisions of this Law on regular procedure. 
If the plaintiff, before conclusion of the main hearing conducted in accordance with the provisions 
on regular procedure of this Law, reduces his/her claim so that it does not exceed EUR 500.00 any 
more further procedure shall be conducted in accordance with the provisions of this Law on the 
small claim disputes. 
 
Article 452 
If the court schedules the main hearing and the plaintiff fails to appear at the hearing in spite of 
being duly summoned the court renders judgment by which it shall dismiss the statement of 
claims (the judgment based on waiver). 
Summons for the main hearing shall state that, inter alia , that if the plaintiff fails to appear at the 
deliberation for the main hearing it shall be considered that he/she has withdrawn the claims and 
that the decision may be contested only on the ba sis of substantial violation of provisions of the 
civil procedure and misapplication of substantive law. 
 
Article 453 
The judgment in the small claim disputes procedure shall be pronounced immediately after 
conclusion of the main hearing. 
Transcript of the judgment shall always be delivered  to the party who has not been present at the 
pronouncement, while it is delivered to the party who was present only upon his/her request. Such request may be expressed by the party at the hearing where the judgment is being announced, 
but not later. 
When pronouncing the judgment the court shall inform  the present parties on conditions for filing 
appeal (Article 454). 
 
Article 454 
The judgment or ruling by which the small claim disputes procedure is completed may be 
contested only on the basis of substantial violation of provisions of the civil procedure under Article 
367, paragraph 2 of this Law and misapplication of substantive law. 
In the procedure on appeal in case of the small cl aim disputes procedure, the provisions of Article 
384, paragraph 1 of this Law shall not apply neithe r shall provisions of this Law on holding the 
hearing before the court of second instance apply. 
The appeal against the first instance judgment or ruling referred to in paragraph 1 of this Article 
may be filed by parties within eight days. 
Deadline for appeal is counted from the day of pronouncing the judgment or ruling and if the 
judgment or ruling has been delivered to the party the deadline runs from the day of its receipt. 
In the small claim disputes procedure the deadline under Article 334, paragraph 2, and Article 348, 
paragraph 1 of this Article of this Law shall be eight days. 
 
 IP/N/1/MNE/O/4 
 
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  TITLE THIRTY ONE 
 
PROCEDURE IN COMERCIAL DISPUTES 
 
Article 455 
Provisions of this Law shall apply in commercial disputes, unless otherwise prescribed in provisions 
of this Title. 
Rules on procedure in commercial disputes shall also apply to all disputes for which the competent 
court is commercial court according to the Law on Courts except in disputes for which it has subject matter jurisdiction. 
 
PREPARATION FOR THE MAIN HEARING 
 
Article 456 
In emergency cases the judge is authorised to  schedule hearings by telephone or facsimile. 
 
Article 457 
As a rule, the facts about the turnover of goods and services accompanied by standard business 
documents shall be proved by such documents. 
 
LEGAL REMEDIES 
 
Article 458 
Review of commercial disputes shall not be allowed if the value of the dispute of the contested part 
of final and enforceable judgment does not exceed the amount of EUR 30 000. 
Review of commercial disputes shall be always allowed in the disputes under Article 397, 
paragraph 4, item 3 of this Law. 
 
Article 459 
The following deadlines are prescribed in commercial disputes: 1) deadline of 15 days for responding to the appeal; 
2) deadline of 30 days for submitting motion for returning to the previous stage under Article 113, 
paragraph 3 of this Law; 
3) deadline of eight days for the appeal against the judgment or ruling and deadline of three days 
for responding to the appeal; 
4) deadline of eight days for execution of the ac t, however for the acts not involving monetary 
payments, the court may order longer deadline. 
 
Article 460 
In the procedure on commercial disputes the small claim disputes procedure is the one in which 
the value of the statement of claims refers to the monetary claim that does not exceed the amount 
of EUR 5 000. 
The small claim disputes procedure is also the dispute where the claimed matter is not an amount 
of money, but the plaintiff has stated in the complaint that he/she would accept a certain amount IP/N/1/MNE/O/4 
 
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  of money in lieu of  satisfaction of the claim when the amount so stated does not exceed the 
amount defined under paragraph 1 of this Article (Article 36, paragraph 1). 
The small claims disputes are also disputes wher e the matter of the dispute is not an amount of 
money, but transfer of movable object whose value as stated by the plaintiff in his/her complaint 
does not exceed the amount specified in paragraph 1 of this Article (Article 36, paragraph 2). 
  
TITLE THIRTY TWO 
 
ISSUANCE OF PAYMENT ORDER 
 
Article 461 
If the statement of claims refers to the claim that has become due in money and this claim is 
proved by authentic document which is submitted with the complaint either in original or certified 
copy the court shall order the defendant to fulfill the statement of claims (payment order). 
Authentic documents shall be the following: 1) public documents; 
2) private documents in which signature of th e debtor has been certified by the authority 
competent for certification; 
3) bills of exchange and checks with objection to payment and reverse accounts when they are 
necessary for establishing of the claim; 
4) excerpts from certified business books; 
5) invoices; 6) documents considered as public documents under special regulations. 
The court shall issue payment order even though the plaintiff did not suggest issuance of the 
payment order in the complaint whereby all conditions for its issuance have been met. 
When execution based on the authentic document may be requested in accordance with Law on 
Enforcement Procedure, the court shall issue paymen t order if only plaintiff proves likely his /her 
legal interest for issuing the payment order. 
If the plaintiff does not prove likely his/her lega l interest for issuing the payment order the court 
shall reject the complaint. 
 
Article 462 
If the statement of claims refers to the claim that has become due in money which does not 
exceed the amount of EUR 500.00 the court shall issue payment order against the defendant even 
though authentic documents have not been submitted with the complaint, however the complaint states basis and amount of debt and indicates ev idence on the basis of which accuracy of the 
statements in the complaint may be verified. 
Payment order referred to in paragraph 1 of this Article may be issued by the court only against 
main debtor. 
 
Article 463 
The court shall issue payment order without holding the hearing. The court shall indicate in the payment order that the defendant shall, within eight days or in the 
bill of exchange or check disputes within three days from delivery of the payment order, fulfill 
statement of claims together with all costs calculated by the court and shall also submit objections IP/N/1/MNE/O/4 
 
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  to the payment order within the same deadline. In the payment order the court shall warn the 
defendant of rejection of untimely submitted objections. 
Payment order shall be delivered to parties. The defendant shall, in addition to the payment or der, be also delivered a copy of complaint with 
attachments.  
 
Article 464 
If the court does not accept motion for issuance of payment order the procedure will continue in 
accordance with the complaint. 
Appeal against the ruling of the court which accept s motion for issuance of the payment order shall 
not be allowed. 
 
Article 465 
Payment order may be contested only by objection. If the payment order is contested only in the 
part referring to the costs this decision may be contested only by appeal against the ruling. 
 
Article 466 
Untimely, incomplete or inadmissible objections shall be dismissed by the court without holding 
hearing. 
If the objections are submitted timely, the court shall evaluate whether it is necessary to schedule 
preliminary hearing or whether it may immediately schedule the main hearing. 
In the course of the preliminary hearing, partie s may present new facts and propose new evidence 
and the defendant may raise new objections referre d to the contested part of the payment order. 
The court shall decide in the decision of th e main subject matter whether the payment order 
entirely or partially stays in force or becomes annulled. 
 
Article 467 
If the defendant puts forward the objection that legal grounds for issuance of the payment order 
did not exist (Article 461 and 462) or that there are obstructions for further course of the procedure, the court shall first decide on this objection. If it finds that this objection is justified, it shall annul the payment order with its ruling and after the ruling becomes final and enforceable it 
shall initiate deliberation on the main subject matter when there are conditions for such 
deliberation. 
If the court does not accept this objection, it shall proceed to deliberate on the main subject 
matter and include its decision on the main subject matter in the ruling. 
If, upon objection regarding non-maturity, the court finds that the claim has become due after 
issuance of the payment order, but before the co nclusion of the main hearing, payment order will 
be reversed by the judgment and the court shall de cide on the statement of claims (Article 322, 
paragraph 1). 
 
Article 468 
The court may declare that it has not territorial jurisdiction until issuance of payment order. 
Defendant may file objection against territorial jurisdiction only in the objection against payment 
order. 
 IP/N/1/MNE/O/4 
 
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  Article 469 
If the court declares after issuing the payment order that it does not have territorial jurisdiction it 
shall annul the payment order and assign the case to the competent court after the ruling on non-competence becomes final and enforceable. 
If the court establishes after issuing the payment order that it has territorial jurisdiction it shall not 
annul the payment order, instead it shall assign the case to the competent court after the ruling becomes final and enforceable. 
 
Article 470 
When the court in the cases in accordance with this Law decides to dismiss the complaint, it shall 
also reverse the payment order. 
 
Article 471 
The plaintiff may withdraw the complaint without co nsent of the defendant only before submission 
of objection. If the complaint has been withdraw n the court shall reverse the payment order by its 
ruling. 
If the defendant waives all objections before conclusion of the main hearing the payment order 
shall remain in force. 
  
P A R T FOUR 
 
ARBITRATION PROCEDURE 
 
TITLE THIRTY THREE 
 
ARBITRABILITY 
 
GENERAL PROVISIONS 
 
Article 472 
This Chapter prescribes arbitration procedure based in the Republic of Montenegro, unless it arises 
from the provisions of some other law or an international treaty that a certain arbitration based in the Republic of Montenegro is considered a foreign arbitration. 
 
Article 473 
In disputes involving natural persons who have pe rmanent or habitual residence or legal persons 
seated in the Republic of Montenegro, parties may agree on domestic arbitration for the settlement 
of disputes regarding rights of which they may fr eely dispose, unless it is provided by law that 
certain disputes shall be exclusively settled by other courts. 
In disputes in which at least one party is the natural person with permanent or habitual residence 
abroad or legal person seated abroad, parties may also agree on foreign arbitration for the 
settlement of disputes regarding rights of which they may freely dispose, unless it is provided by law or international treaty that a domestic court has exclusive jurisdiction. 
Parties may agree to bring disputes referred to in paragraphs 1 and 2 of this Article before 
permanent or ad hoc  Arbitration Board. IP/N/1/MNE/O/4 
 
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ARBITRATION AGREEMENT 
 
Article 474 
Arbitration agreement is an agreement of the parties to submit to arbitration all or certain disputes 
that have arisen between them or that may aris e in the future in respect of a defined legal 
relationship of a contractual or non-contractual nature. Agreement may be concluded in the form 
of an arbitration clause in a contract or in the form of a separate agreement. 
Arbitration agreement shall be valid only if concluded in writing. Agreement is concluded in writing 
if it is contained in documents signed by parties or in an exchange of letters, telegrams, telex or other means of telecommunication that provide a written record of the agreement that has been 
concluded. 
Arbitration agreement is also concluded in writing if it has been drafted by the exchange of a 
complaint in which the plaintiff specifies the existence of the agreement and the response to the 
complaint in which the defendant does not deny it. 
The reference in arbitration agreement to a document containing an arbitration clause (general 
terms of a conclusion of a legal matter, wording of another agreement or similar) constitutes an 
arbitration agreement provided that the agreem ent has been concluded in writing and if the 
reference is such that the clause forms integral part of the agreement. 
 
ARBITRATION BOARD 
 
1. Appointment, rights and duti es and exemption of arbitrators 
 
Article 475 
If the parties have not agreed otherwise, three arbitrators shall be appointed. Judges may be appointed as Presidents of arbitration Panel or individual arbitrators. 
 
Article 476 
A party, who is to appoint the arbitrator on the basis of the arbitration agreement, may be 
summoned by the adverse party to perform the said  appointment within 15 days and shall notify 
the adverse party thereof. 
The summons, within the meaning of paragraph 1 of this Article, shall be valid only if the issuing 
party has appointed his/her arbitrator and informed the adverse party thereof. 
When, under the arbitration agreement, a third party is to appoint the arbitrator each party may 
send the summons referred to in paragraph 2 of this Article to that person. 
A person summoned to appoint the arbitrator is bound to the appointment from the moment the 
adverse party or one of the parties has been notified of the appointment. 
 
Article 477 
If the arbitrator has not been appointed on time  and the agreement does not state otherwise the 
arbitrator shall be appointed by court upon proposal of the party. 
If the arbitrators cannot agree as to the electi on of the President and the agreement does not 
state otherwise the President shall be appointed by the court upon the proposal of each arbitrator 
or a party. 
The court that would have been competent for th e first instance procedure if the arbitration 
agreement had not been concluded shall be compet ent for appointment of arbitrator or President 
of the Arbitration Board. IP/N/1/MNE/O/4 
 
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  Appeal against the court ruling shall not be allowed. 
The party that does not want to use the authorisation referred to in the paragraphs 1 and 2 of this 
Article may request in the complaint that the court competent for appointment proclaims the arbitration agreement null and void. 
 
Article 478 
Except for the case referred to in Article 477 of this Law, any party may request in the complaint 
that the court proclaims the arbitration agreement null and void if: 
1) the parties cannot agree on appointment of arbi trators whom they need to elect within 30 days 
from the first invitation to appoint arbitrator; 
2) the person who has been appointed arbitrator in the arbitration agreement does not want to or 
is not able to perform that duty. 
The court foreseen in Article 477, paragraph 3 of this Law shall decide on the request. The court shall summon the parties to the hearing for deliberation upon the request, but the court 
may also render decision if duly summoned parties failed to appear at the hearing. 
 
Article 479 
Arbitrator shall accept appointment in writing.  Such acceptance may be made by signing the 
arbitration agreement of parties. 
Arbitrator shall conduct the arbitration with due expeditiousness and timely undertake procedural 
actions and to take care of avoidance of any delay of the procedure. 
Unless agreed otherwise by parties, they may dischar ge by their consent the arbitrator that fails to 
perform his/her duties or does not perform them in a timely manner. 
Arbitrator is entitled to reimbursement of costs and a remuneration for the work completed, unless 
he/she has waived these rights in writing. The parties shall be jointly and severally liable for the 
payment of such costs and remuneration. 
 
Article 480 
The arbitrator shall exempt himself/herself when the grounds for exemption stipulated in Article 69 
of this Law exist. The parties may request the ex emption of the arbitrator for the same reasons. 
Exemption of arbitrators may be requested if the ar bitrator does not have necessary qualifications 
agreed upon by parties as well as if he/she fails to fulfill his/her obligations from Article 479 
paragraph 2 of this Law. 
A party who has individually or together with the adverse party appointed the arbitrator may 
request his/her exemption only if reason for exemption occurred or the party learnt about it after 
appointment of the arbitrator. 
Parties may agree on the procedure for exemption, but they may not exclude application of 
provisions of paragraph 7 of this Article. 
If such agreement does not exist, the party who in tends to file request for exemption shall, within 
15 days after becoming aware of appointment of the arbitrator or after becoming aware of any 
circumstances referred to in paragraph 1 and 2 of this Article, file to the Arbitration Board a 
written statement of the reasons for exemption.  
If the arbitrator whose exemption is requested does not withdraw or the other party does not 
agree with the request for his/her exemption, the Arbitration Board, including the arbitrator 
subject to the exemption, shall pr omptly decide on the exemption. 
If the request for exemption under the procedure specified in paragraph 4 of this Article and 
paragraph 6 of this Article is not successful the party requesting exemption may, within 30 days 
after having received notice of the decision reject ing the exemption or if the Arbitration Board does 
not decide on the exemption within 30 days af ter the request for exemption has been filed, IP/N/1/MNE/O/4 
 
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  request in the following 30 days from the moment of the expiry of that deadline that the Board 
specified in Article 477, paragraph 3 of this Law decide on the exemption.  
 
2. Jurisdiction of Arbitration Board 
 
Article 481 
Arbitration Board may rule on its own jurisdiction, including any objections with respect to the 
existence or the validity of the arbitration agreemen t. For that purpose, the arbitration clause that 
forms integral part of a contract shall be treated as an agreement independent of the other provisions of the contract. A decision by the Arbi tration Board that the contract is null and void 
shall not entail ipso iure  the invalidity of the arbitration clause. 
Objection that the Arbitration Board does not have jurisdiction shall be raised by the defendant not 
later than the period for submission of the response to the complaint. Objection that the Arbitration Board has exceeded the scope of its powers shall be raised as soon as the matter 
alleged to be beyond the scope of its powers is raised during the arbitration procedure. If the 
Arbitration Board believes, in either case, that the delay is justified it may allow subsequent submission of objection. 
Arbitration Board may rule on an objection referred to paragraph 2 of this Article either as a 
preliminary matter or decision on the main subject matter. If the arbitration Board rules as a preliminary matter that it has jurisdiction any party may request, within 30 days after having received the decision, from the Board specified in Article 477, paragraph 1 of this Law to decide on 
the matter. 
 
ARBITRATION PROCEDURE 
 
1. Equal Treatment of Parties 
 
Article 482 
Parties shall be equal in the procedure before an Arbitration Board. Parties shall be entitled to respond to statements and claims of their adversary. The Arbitration Board may not impose coercive measures or penalties on parties. 
 
2. Place of arbitration 
 
Article 483 
Parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitratio n shall be determined by the Arbitration Board 
having regard to the circumstances of the dispute,  including the convenience of a specific place for 
parties. 
If the place of arbitration is not determined pursuant to paragraphs 1 and 2 of this Article, the 
place of arbitration shall be considered to be the place designated in the award as the place where 
the award was made. 
Unless otherwise agreed by parties and notwithsta nding provisions of paragraph 1 and 2 of this 
Article, the Arbitration Board may meet at any place it considers appropriate for consultation 
among its members or for presentation of evidence. 
 IP/N/1/MNE/O/4 
 
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  Rules of Procedure 
 
Article 484 
If it is not in contravention with provisions of this Law, parties are free to agree upon the rules of 
the procedure that the Arbitration Board shall obey either by setting them by themselves or under 
this Law or by referral to some other rules or in other appropriate manner. 
Failing such agreement the Arbitration Board may, if it is not in contravention with provisions of 
this Law, conduct the procedure as it deems appropriate. Powers conferred upon the Arbitration 
Board include the power to determine rules of procedure either independently or under this Law or by reference to a set of rules or in other ap propriate manner and also the power to determine 
admissibility, relevance and weight of any proposed and presented evidence. 
 
Commencement of Arbitration Procedure 
 
Article 485 
Unless otherwise agreed by parties, the arbitration procedure shall commence: 1) on the day when the Arbitration Board receives the complaint if the arbitration is conducted 
before the permanent Arbitration Board; 
2) on the day when the defendant receives notification that the adverse party intends to bring the 
dispute before the arbitration with the advice that  it has appointed the arbitrator or proposed a 
single arbitrator, inviting him/her to appoint another arbitrator or to declare himself/herself about 
the proposed arbitrator if the procedure is conducted before ad hoc  Arbitration Board. 
 
Language 
 
Article 486 
Parties are free to agree on the language or languages to be used in the arbitration procedure. 
Failing such agreement, the Arbitration Board shall determine the language or languages to be 
used in the procedure. This agreement between pa rties or determination by the Arbitration Board, 
unless otherwise specified therein, shall apply to any written statement of parties, any hearing and 
decision or other communication by the Arbitration Board. 
Arbitration Board may order that any written evidence be accompanied by translation into the 
language or languages agreed upon by parties or determined by the Arbitration Board. 
Until the language of the procedure has been dete rmined either in agreement between parties or 
by the decision of the court, all pleadings may be  submitted in the language of the main contract 
or language of the arbitration agreement or in the la nguage that is in official use in the court that 
would have been competent if the arbitration agreement has not been concluded. 
 
Delivery 
 
Article 487 
Unless otherwise agreed by parties, any pleadings shall be deemed to have been delivered on the 
day when it is delivered to the mailing address of the addressee or to the person designated to receive pleadings. 
Mailing address is the address at which the addre ssee regularly receives mail. If the addressee has 
not expressly defined any other address or if the circumstances of the case do not indicate otherwise, the mailing address shall be the addres s of the seat the addressee, his/her temporary 
place of residence or the address referred to in the main contract or in the arbitration agreement. IP/N/1/MNE/O/4 
 
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  If none of the addresses referred to in paragraph 2 of this Article is known, pleadings shall be 
deemed to have been served on the day when its delivery has been attempted to the last known address, provided that they have been properly fo rwarded by registered mail with return receipt or 
in any other way that may provide evidence of attempted delivery. 
Pleadings shall be deemed to have been delivered if the addressee to whom delivery was 
attempted in the above described ma nner refuses to receive the writ. 
Provision of paragraph 1 of this Article shall not a pply to delivery of pleadings in court procedure. 
 
Complaint and Response to the Complaint 
 
Article 488 
Unless otherwise agreed by parties, the plaintiff shall in his/her complaint state the facts 
supporting his/her claim, disputed matters and statement of claims, while the defendant in his/her response to the complaint shall state his/her defense with a view to the statements, motions and 
requests of the plaintiff. Parties may submit with their pleadings all documents they consider to be 
relevant or may add a reference to the documents or other evidence they intend to submit. 
Unless otherwise agreed by parties, either party may amend or supplement his/her complaint or 
response to the complaint during the course of the arbitration procedure, unless the Arbitration 
Board considers it inappropriate to allow such amendment having regard to the delay it may cause. 
 
Hearings and Written Procedure 
 
Article 489 
Unless otherwise agreed by parties, the Arbitration Board shall decide whether to schedule and 
hold oral hearings or the presentation of evidence or whether the procedure shall be conducted on the basis of documents. 
Unless the parties have agreed that no hearings shall be held, the Arbitration Board shall hold such 
hearings at a later stage of the procedure if so requested by a party. 
The parties shall be given sufficient advance notice of any hearing of the Arbitration Board for the 
purpose of inspection of goods, other property or documents. 
All pleadings, documents or other information suppl ied to the Arbitration Board by one party shall 
be communicated to the other party. Any expert finding and opinion or document on which the Arbitration Board may rely in rendering its decision shall be communicated to each of the parties. 
Unless otherwise agreed by parties, the arbitration procedure is not public. 
 
Default of Party 
 
Article 490 
Unless otherwise agreed by parties and if the plaintiff does not file complaint in accordance with 
provisions of Article 488 paragraph 1 of this Law,  the Arbitration Board shall suspend procedure. 
Unless otherwise agreed by parties and it without stating justified reasons: 
1) the defendant fails to submit his/her response to the complaint in accordance with provisions of 
Article 488, paragraph 1 of this Law, the Arbitration Board shall continue the procedure whereby it 
shall not be deemed that default means acceptance of defendant’s statements; 
2) any party fails to appear at the hearing or to produce documents within the deadline provided 
for their production, the Arbitration Board may continue the procedure and render the decision on 
the basis of the results of procedure and evidence at its disposal. IP/N/1/MNE/O/4 
 
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Witness 
 
Article 491 
As a rule, witnesses shall be interrogated at the main hearing.  
Subject to their consent, witnesses may be examined outside the main hearing. The Arbitration 
Board may also request from witnesses to answer questions in writing within a certain period of 
time. 
 
Expert Witness 
 
Article 492 
Unless otherwise agreed by parties, the Arbitration Board may: 1) appoint one or more experts witnesses from whom it will require finding on the facts to be 
determined and opinions on matters to be considered; 
2) require a party to give the expert witness an y relevant information or provide access to any 
relevant documents, goods or othe r property for his/her inspection. 
Unless otherwise agreed by parties, if the party so requests or if the Arbitration Board considers it 
necessary, the expert witness shall after delivery of written or oral finding and opinion also participate at the hearing where parties shall have  the opportunity to put questions to him/her. 
Provisions of Article 69 of this Law shall apply a ccordingly to the exemption of expert witnesses. 
 
Applicable Law 
 
Article 493 
The Arbitration Board shall decide in accordance with the rules of law chosen by parties as 
applicable to the settlement dispute. 
Failing any designation by the parties under paragrap h 1 of this Article, the Arbitration Board shall 
apply the law that it considers to be most closely connected with the dispute. 
The Arbitration Board shall decide ex aequo et bono  only if the parties have expressly authorised it 
to do so. 
In all cases, the arbitration judge shall decide in accordance with provisions of the contract or shall 
take into account the trade customs. 
 
Rendering Decision in Panel  
 
Article 494 
Unless otherwise agreed by parties, the Arbitration Board shall render any decision by a majority 
of votes. 
If a necessary majority of votes may not be achieved, Arbitration Board shall continue 
deliberations on reasons for each opinion and if after that the majority still cannot be achieved the 
award shall be rendered by the President of Arbitration Panel. 
President of the Panel may, outside the session of the Panel, independently decide on matters 
regarding conducting the procedure provided that it is not in contravention with agreement 
between parties and decisions of the Panel. IP/N/1/MNE/O/4 
 
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  Certain fact-finding activities may be entrusted with individual members of the Panel if so decided 
by the arbitration Panel.  
 
Settlement 
 
Article 495 
If parties settle the dispute during arbitration procedure the Arbitration Board shall suspend the 
procedure upon their request, unless the parties request that award is rendered on the basis of 
settlement. 
Arbitration Board shall not render award on the basi s of settlement if it finds that the substance of 
settlement is in contravention with the public order of the Republic of Montenegro. 
Award on the basis of settlement shall be rendered  under provisions of Article 496 of this Law and 
shall have legal force and effect of a judgment.  
 
Award 
 
Article 496 
Unless otherwise agreed by parties, Arbitration Board may render partial and interim awards. 
Partial award shall be considered an independent judgment. 
Award shall be rendered in the place of arbitration. Award shall be rendered in writing. It shall contain reasoning unless parties agreed that reasoning 
is not necessary or if the award has been render ed on the basis of settlement of parties under 
Article 495 of this Law. 
The award shall indicate the date and place it has been rendered. 
 
Article 497 
The original award and all transcripts thereof shall be signed by sole arbitrator or members of the 
Panel of arbitrators. The award shall be valid even if arbitrators failed to sign it provided that it 
was signed by the majority of arbitrators and that the omission of a signature is stated in the award. 
Awards rendered by permanent Arbitration Board shall be delivered upon the parties by this Board. 
In all other cases, the delivery of the award to th e parties shall be conducted by the Board defined 
in Article 477, paragraph 3 of this Law. 
 
Article 498 
Original award and proof of delivery shall be kept  with the Board defined in Article 477, paragraph 
3 of this Law, and if the award has been rendered  by permanent Arbitration Board than they shall 
be kept with this Board. 
 
Final and Enforceable Award 
 
Article 499 
Unless otherwise agreed by parties, the award of th e Arbitration Board shall have, in respect of the 
parties, the force of final and enforceable court judgment. 
At the request of the party, the Board under Article 477, paragraph 3 of this Law shall place the 
statement of final and enforceable effect on the transcript of award. Permanently appointed Boards shall place the statement of final and enforceable effect on their awards. IP/N/1/MNE/O/4 
 
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Conclusion of the Procedure 
 
Article 500 
The procedure is terminated by the final award on the matters that have been decided on. 
The procedure may also be terminated by the conclusion of the Arbitration Board if: 1) the plaintiff withdraws his/her claim, unless the defendant objects thereto and the Arbitration 
Board recognizes a legitimate interest of defendant in obtaining final award in the dispute; 
2) the parties agree on the conclusion of the procedure; 3) the Arbitration Board finds that the continuation of the procedure has for any other reason 
become unnecessary or impossible. 
Mandate of the Arbitration Board terminates with the conclusion of the arbitration procedure 
except in cases under Articles 501, 502, 503, paragraph 3, 507, paragraph 2 and 508 of this Law. In such cases the mandate shall be terminated  when the respective decision is rendered. 
 
Supplemental Award 
 
Article 501 
Unless otherwise agreed by parties, each party ma y within 15 days of the receipt of the award and 
with notice to the other party request from the Arbitration Board to render supplemental award as to the claims presented in the arbitration procedur e which were not decided by Arbitration Board in 
its decision. 
If the Arbitration Board considers the request to be justified it shall render the supplemental 
award. 
Provisions of Article 496 and 497 of this La w shall apply to such supplemental award. 
 
Correction and Interpretation of Award 
 
Article 502 
Within 15 days of receipt of the award, unless another period of time has been agreed by parties, 
one of the parties, upon the notice to the other party, may request the from Arbitration Board to: 
1) correct any errors in the computation, handwriting or typographical errors or any error of 
similar nature in the award; 
2) give an interpretation of a specific point or part of the award. 
If the Arbitration Board considers the request to be justified, it shall make the correction of the 
award or provide the interpretation which shall form integral part of the award.  
The Arbitration Board may correct any error of the ty pe referred to in paragraph 1, item 1 of this 
Article on its own initiative within 15 days of the date of the award. 
Provisions of Article 496 and 497 of this Law shall also apply to the correction or interpretation of 
award. 
 IP/N/1/MNE/O/4 
 
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  Costs of Arbitration Procedure 
 
Article 503 
At the request of the party, the Arbitration Board shall determine in the award or decision for the 
conclusion of the procedure which party and in which proportion shall reimburse the other party 
the necessary costs of arbitration, including costs of representation and remuneration of 
arbitrators and bear his/her own expenses. 
The Arbitration Board shall decide on the costs of the procedure according to its own evaluation, 
taking into account all circumstances of the case and particularly outcome of the dispute. 
If the Arbitration Board fails to decide on costs or if such decision is possible only after conclusion 
of the arbitration procedure, a separate decision  shall be rendered on the costs of procedure. 
 
LEGAL AID OF THE COURT IN PRESENTATION OF EVIDENCE 
 
Article 504 
The Arbitration Board or one of the parties, wi th prior consent of the Arbitration Board, may 
request from the competent court to provide legal aid in presentation of certain evidence which 
may not be presented by the Arbitration Board on its own. The provision of this Law related to 
presentation of evidence before the requested ju dge shall apply to the procedure of presentation 
of evidence. 
 
LEGAL REMEDY AGAINST THE AWARD 
 
1. Complaint for Setting aside the Award 
 
Article 505 
Arbitration award may be contested by the complaint for setting aside. 
Interim award may be contested only by the complaint for setting aside filed against the award 
which concludes the procedure upon request on the basis of which it has been rendered.  
No other legal remedy before the court against award of Arbitration Board shall be allowed.  
Article 506 
Award may be set aside by the Board specified in Article 477, paragraph 3 of this Law only if: 1) the party filing the complaint furnishes proof that: 
-the arbitration agreement under Article 474 of this Law was neither concluded nor valid; 
-the composition of the Arbitration Board or arbitration procedure have not been in line with 
provisions of this Law or agreement between parties which might have affected substance of the 
award; 
-the party to the procedure was incapable of concluding the arbitration agreement or to be a party 
to dispute or to be duly represented; 
- the party filing the complaint for setting aside the award was not given proper notice of the 
commencement of the arbitration procedure or was illegally prevented from presenting his/her 
case before the Arbitration Board; 
-the award fails to contain reasoning or signature in accordance with provisions of Articles 496 and 
497 of this Law; IP/N/1/MNE/O/4 
 
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  - award refers to the dispute not contemplated by  arbitration agreement or not falling within its 
provisions or contains decisions on matters beyo nd the scope of arbitration agreement, provided 
that the decision on matters submitted to arbitration may be separated from those not so submitted, and only that part of the decision cont aining provisions regarding matters that were not 
brought before arbitration may be set aside; 
2) the court finds, even if a party has not raised these grounds, that the award is in conflict with 
the public policy of the Republic of Montenegro. 
 
Article 507 
The complaint for setting aside may be filed within three months from the date of delivery of 
award or if the complaint has been filed in one of the cases under Article 501 or 502 of this Law, 
from the date on which the party filing the compla int received the decision of the Arbitration Board 
on either of the requests. 
When requested to set aside the award the court may, where appropriate and if so requested by 
the party, suspend the setting aside procedure for a period of time determined by it in order to 
give the Arbitration Board an opportunity to resu me the procedure or to take such other actions 
which could eliminate the grounds for setting aside the award. 
If the parties in the dispute without internationa l element expressly so agree in the arbitration 
agreement, the judgment may also be contested by complaint on the grounds that the party 
applying for setting aside has learned new facts or has the opportunity to present new evidence on the basis of which the award more favorable to him/her could be rendered if these facts would 
have been known or evidence presented in the hearings that preceded rendering the contested 
award. This basis may be raised only if the applying party could not have used them in the arbitration procedure for reasons that were not his/her fault. 
Parties may not waive in advance their right to contest the award by complaint for setting aside. 
 
2. Arbitration Procedure after Setting aside the Award 
 
Article 508 
If the award rendered on the basis of a valid ar bitration agreement not specifying the names of 
the arbitrators has been set aside on the grounds ot her than those related to existence or validity 
of the arbitration agreement, such agreement sha ll be valid legal basis for new arbitration in the 
same dispute. In case of doubt, at the request of the party, the court may render a separate decision to this effect. 
When the court requested to set aside the award finds it possible and justified it shall, at the 
request of one party and regarding after setting aside the award, refer the case to the Arbitration Board for reconsideration. 
In all other cases, a new arbitration in the same dispute shall be possible if the parties conclude a 
new arbitration agreement after the setting aside the award. 
  
PART FIVE 
 
 TRANSITIONAL AND FINAL PROVISIONS 
Article 509 
If the first instance judgment or ruling on conclusion of the procedure before the first instance 
court has been rendered before beginning of the ap plication of this Law, the further procedure will 
be conducted in accordance with regu lations that were in force so far. 
On the day of coming into force of this Law, the procedure which is conducted in a temporary halt 
shall continue accordance with this Law. IP/N/1/MNE/O/4 
 
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  If the first instance decision referred to in paragraph 1 of this Article is reversed before the 
beginning of the application of this Law the furthe r procedure will be conducted in accordance with 
this Law. 
If the request for review has been submitted ag ainst the second instance judgment in procedure 
which was initiated before the beginning of the appl ication of this Law the further procedure will be 
conducted in accordance with rules of civil procedure which were in force until the beginning of application of this Law. 
After the beginning of the application of this Law, request for protection legality regarding final and 
enforceable court decision may be filed only in accordance with the provisions of this Law. 
If the complaint has been filed before the beginni ng of application of this Law, provisions of 
Article 339 of this Law shall not apply in the proc edure, instead the conditions for rendering the 
default judgment shall be evaluated in accordance with the regulations which were in force so far. 
If the preliminary hearing or main hearing has been  held before the beginning of the application of 
this Law, parties may state new facts and present new evidence at the latest on the first 
deliberation for the main hearing after the beginning of the application of this Law. 
 
Article 510 
Provisions of this Law concerning arbitration procedure shall apply to the arbitration that is agreed 
upon after the beginning of the application of this Law. 
 
Article 511 
On the day of beginning of the application of this Law, the Law on Civil Procedure shall cease to be 
in force on the territory of the Republic of Montenegro (Official Gazette of the Socialist Federal Republic of Yugoslavia 4/77, 36/77, 36/80, 69/82, 58/84, 74/87, 57/89, 20/90, 27/90, 35/91 and 
Official Gazette of the Federal Republic of Yugoslavia 27/92, 31/93, 24/94, 12/98, 15/98 and 
3/2002). 
 
Article 512 
This Law shall enter into force on the eight day following that of its publication in the Official 
Gazette of the Republic of Montenegro and it shall apply three months after it has entered into force. 
 
 
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