Court and it's Procedure

Hearing Procedure
Before the registration of the case with the Registry division of the Court, the Court shall conduct miscellaneous hearing expeditiously. The Chief Justice in High Court, Chief Judge/Judge in the Dzongkhag Court and the Judge in Dungkhag Court hear the miscellaneous hearing. Hearing is conducted strictly in accordance with the Civil and Criminal Procedure Code. Each Bench Clerk maintains a Bench book. The Bench book enumerates the order as to the how the hearing should proceed.

During the miscellaneous hearing, the court shall make an initial determination whether sufficient legal cause exists to admit the case for proceedings according to the law. The Court shall give written reasons, if the petition of a party is dismissed. The hearing is always conducted within the prescribed period and in accordance with the Civil and Criminal Procedure Code. After the Miscellaneous Hearing, accordingly, the petition if registered by the registry is distributed to the Benches and a bench clerk is identified.

After which Preliminary Hearing is conducted within ten days of registration in criminal cases and one hundred and eight days of registration in civil cases. The purpose of Preliminary Hearing is to enable the Court to entertain challenges to pleadings based on cause, procedure and jurisdiction and clarify substantive or procedural legal issues as per Section 81.1.

Furthermore, the Court shall conduct the judicial process in accordance with the Civil and Criminal Procedure Code as follows:

Registry of a complaint =>Miscellaneous Hearing => Preliminary Hearing =>Production before Judge => Show Cause => Opening Statement => Defence Reply => Rebuttal => Evidence => Independent testimony =>Exhibit => Cross Examinations =>Judicial Investigation=>Closing Statement =>Judgment


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