On summary (written) proceedings Printable versionLast update: 11.10.2022
During civil proceedings, in certain cases, a claim can be considered in the form of summary (written) proceedings with delivery of a decision. In the article we will explain the meaning of the concepts, what are the cases when a court decision is issued under summary (written) proceedings and whether it is possible to appeal it?
A decision issued under summary (written) proceedings is an act issued by a court in electronic format without personal presence of the parties.
During summary (written) proceedings, cases are considered by a judge within a month from the date of acceptance of the claim and are not subject to extension.
A claim should specify:
1) name of a court to which it is submitted;
2) names of the parties;
3) main point of offence or threat of violation of the rights and freedoms of a citizen or the legitimate interests of plaintiff and a plaintiff's claim;
4) circumstances which a plaintiff use to back claims, as well as content of evidence confirming these circumstances;
5) information on compliance with the pre-trial procedure for contacting a defendant, if this is established by law or provided for by the contract;
6) information on the actions taken by the party (parties) aimed at reconciliation, if such actions were taken;
7) amount of claim, if a claim is subject to evaluation, as well as calculation of recoverable or disputed monetary amounts;
8) list of documents attached to a claim.
The following claims are subject to consideration under summary (written) proceedings:
1) claims for the recovery of money, if a claim amount does not exceed two thousand monthly calculation indices for legal entities and one thousand monthly calculation indices for individual entrepreneurs, citizens;
2) regardless of a claim amount for claims for which a plaintiff provided documents establishing the monetary obligations of a defendant, and (or) confirming debt under a contract;
3) at the request of the parties or at the initiative of the court, other cases may be considered, if there are no circumstances specified in subclauses 1), 2), 3) and 4) of part three of Article 267-1 of the Civil Procedure Code of the Republic of Kazakhstan.
Cases related to rights of children are not subject to consideration under summary (written) proceedings, except for disputes on the recovery of alimony.
The court notifies the parties on consideration of a case under summary (written) proceedings no later than the next working day from the date of its acceptance by e-mail address or phone number, as well as using other means of communication that ensure recording of notification.
The parties who disagree with consideration of a case under summary (written) proceedings have the right, within fifteen working days from the date of receipt of the notification, to submit a petition for consideration of a dispute under the rules of claim proceedings in the general procedure to the court, while a defendant can provide a statement of defense with the attachment of documents and evidence.
For a case considered under summary (written) proceedings, the court makes a decision, which consists of introductory and operative parts. A copy of court decision is sent to the parties using communication channels that ensure the recording of receipt or is issued no later than three working days from the date of decision.
If a defendant does not agree with the decision made under summary (written) proceedings, then s/he has the right to submit an application to the court for cancellation of such decision within five working days from the date of receipt of a copy of decision made under summary (written) proceedings.
An application is submitted if a defendant was not properly notified about claim and its consideration under summary (written) proceedings and was unable to provide defense, as well as evidence that may affect the content of the decision.
An application for cancellation of decision made under summary (written) proceedings is considered by the court within ten working days from the date of its receipt by court.
If a court refused to cancel the court's decision, then you can submit an appeal or a prosecutor can provide an appeal petition against the court's decision within one month.