Dispute resolution—Serbia—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Serbia—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Serbia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Serbia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Stankovic & Partners NSTLaw—Nenad Stankovic; Sara Pendjer; Luka Marosiuk

1. What is the structure of the civil court system?

The civil court system is divided between courts of general jurisdiction and commercial courts. General courts operate in the following hierarchy: basic courts, higher courts, appellate courts and the Supreme Court of Cassation. Basic and higher courts act as courts of first instances. The main difference between the competencies of these two types of courts is in the value of the disputes – higher courts are competent for the disputes where the value is higher than €40,000. In most cases, higher courts decide on appeals against the decisions rendered by the basic courts. Appellate courts decide on the appeals filed against the decisions rendered by the higher courts. The Supreme Court of Cassation decides on extraordinary legal remedies in both commercial and non-commercial disputes.

Commercial courts serve as courts of first instance in commercial disputes (in general, disputes between two commercial entities). The Commercial Appellate Court decides on appeals on decisions issued by commercial courts.

The Constitutional Court decides on constitutional appeals. Constitutional appeals are appeals against final decisions that allegedly infringe rights granted by the

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