Article 2794. Features of the consideration of the case in the simplified proceedings
Civil procedure code of the Republic of Uzbekistan · Date: 22.01.2018 · In force
The court issues a ruling on accepting the application for proceedings and initiating a case, which indicates the consideration of the case in a simplified proceedings and the date of consideration of the case.
The court, in the ruling on accepting the application for proceedings and initiating the case, indicates to the defendant the need to provide a written opinion on the statement of claim before making a decision.
Simultaneously with the ruling, the court immediately sends to the defendant a copy of the statement of claim (application) and copies of documents attached to it by mail or in the form of an electronic document through the information system.
The defendant has the right to submit to the court a written opinion on the statement of claim, attaching documents and evidence that support it.
The written opinion is accompanied by a document confirming that a copy of it has been sent to the claimant. A written opinion on the statement of claim is signed by the defendant or his representative. A power of attorney or other document certifying his authority is attached to the written opinion signed by the representative.
Failure to submit a written opinion on the statement of claim by the defendant does not prevent the consideration of the statement of claim in the simplified proceedings.
A case considered in simplified proceedings is considered by a single judge within a period not exceeding twenty days from the date of the decision to accept the application for proceedings and initiate the case.
The term for consideration of a case under simplified proceedings cannot be extended.
The court considers the case through simplified proceedings without holding a trial, summoning the parties and hearing their explanations.
The court examines the explanations, objections and (or) arguments set out in the documents submitted by the parties, gets acquainted with the evidence and makes a decision.
