Civil Procedure Law

Current issues in civil procedure law

Seminar objective

The seminar systematizes knowledge in:

• pre-trial claims and litigation;
• alternative dispute resolution.

In-house lawyers regularly have to represent their organization in court. The seminar focuses on the most challenging issues in applying the Russian Code of Civil Procedure and on practical litigation skills: developing a case position, working with evidence, and protecting the client's interests at the enforcement stage.

The program includes an overview of the latest changes in civil procedure law.

Module 1. Claim proceedings and trial in the court of first instance. Writ proceedings and simplified proceedings

Determining the subject matter and scope of claims, assessing the risk of a counterclaim, deciding whether going to court is advisable.

• Statement of defense: content, format and filing procedure.
• Counterclaim and the conditions for its acceptance by the court.
• Interim measures: steps before filing an application, appealing a refusal to grant measures.
• Procedural consequences of changing the grounds or subject matter of a claim, withdrawing a claim, admitting a claim, and settlement agreements.
• Persons participating in the case and their procedural rights; third parties with and without independent claims.

Categories of cases heard in writ and simplified proceedings. Specifics and stages of hearing such cases.

Module 2. Evidence and proof in civil proceedings

The concept of evidence. Assessing evidence in terms of relevance, admissibility and reliability.

• Burden of proof, the subject matter and elements of judicial proof.
• Information that cannot serve as evidence and circumstances that need not be proven. Objections to the court's admission of evidence.
• Examination and assessment of specific types of evidence: witness testimony, documentary evidence (including electronic correspondence), expert opinions, specialist consultations.

Interactive work with participants on practical cases.

Module 3. Trial. Appeals and review of court rulings

• Trial: stages and procedures, closing arguments.
• Appeals: specifics of appealing particular types of court rulings, content and filing procedure for an appeal, response to an appeal, restrictions on submitting new evidence on appeal.
• Cassation appeals against court rulings that have entered into force: content and filing procedure for a cassation appeal.
• Review of court rulings based on new or newly discovered circumstances: grounds and procedure.

Module 4. Alternative methods of resolving civil and commercial disputes. Mediation. Notary's enforcement endorsement

Arbitration: concept and nature, arbitration rules.

Mediation. Legal regulation of mediation in the Russian Federation (Federal Law No. 193-FZ “On the Alternative Dispute Resolution Procedure Involving an Intermediary (Mediation Procedure)”). Areas of application, principles and stages of mediation. Requirements for a mediator, the mediator's role and functions, professional ethics, organization of work. Various schools and approaches in mediation, the understanding-based approach.

Parties' referral to a mediator and choice of mediator. Criteria for determining whether a dispute can be resolved through mediation. Rules of the procedure. Mediation agreement.

Notary's enforcement endorsement: conditions and procedure.