Draft:Civil Procedures in Bhutan

Civil procedures in Bhutan are structured around a judicial framework that prioritizes mediation and follows a systematic approach to litigation if mediation fails. Rooted in Bhutan’s cultural emphasis on harmony and reconciliation, the civil procedure process is shaped by the Civil and Criminal Procedure Code of Bhutan 2001 and supplemented by the Alternative Dispute Resolution Act of Bhutan 2013 . These statutes lay down the rules and principles for civil proceedings, creating a fair and organized process for resolving disputes within the Bhutanese legal system. At the heart of the civil procedure is an emphasis on mediation, a method favored as it allows disputing parties to resolve their issues amicably with minimal court intervention. Mediation is typically facilitated by court-appointed mediators, often individuals of respected standing within the community, who encourage the parties to reach a voluntary agreement. If mediation is successful, the parties formalize their agreement in writing and report it to the court for endorsement, which then makes the settlement legally binding. However, if the mediation process fails to produce a resolution, the case progresses to formal litigation in court, initiating a structured sequence of stages that ensures a fair and transparent judicial process.

The first stage in a civil court proceeding is the preliminary hearing, where both parties are summoned to appear in person. During this hearing, the court outlines its authority to adjudicate the case and provides guidance on the procedural requirements for filing a case. Several important principles and responsibilities are emphasized in this stage. Firstly, both parties are required to submit truthful information, as providing false or misleading information could lead to severe penalties. The court also assures that the proceedings will be conducted expeditiously, adhering to principles of due process, which include impartiality, non-interference, equal justice, and openness. Additionally, the court informs the parties of the consequences of contempt of court, perjury, and failure to attend hearings. Each party is also reminded of their right to legal representation, known as a Jabmi, and provided with a list of licensed Jabmis. The court further explains the option of abandoning the lawsuit or pursuing a mutual settlement at any time, emphasizing that litigation is not the only avenue for resolving the dispute. This preliminary hearing thus sets the foundation for the case, ensuring that both parties are aware of their rights, responsibilities, and available options.

After the preliminary hearing, the case moves to the opening statement phase, where the court reviews the main issues in the case and both parties present their opening statements. This step serves as a platform for each side to articulate their positions and submit relevant documents, including any Jabmi forms that establish their legal representation. Following the opening statements, the rebuttal phase allows each party to respond to the claims and arguments made by the opposing side. This stage is crucial as it enables both parties to challenge or clarify the issues raised by the other, refining the core arguments before evidence is presented.

The evidence/witness/exhibit phase follows, where each party submits their evidence, witnesses, and exhibits in support of their case. This stage is governed by the Civil and Criminal Procedure Code of Bhutan 2001, which lays out strict guidelines on the admissibility and submission of evidence. The court carefully ensures that all procedures are followed to maintain the integrity of the evidence presented. If necessary, the court may require independent testimony from individuals not directly involved in the dispute but who possess relevant knowledge. Independent testimonies provide an unbiased perspective, offering additional insights into the case. Once all evidence and testimonies are presented, the cross-examination phase commences, where each party has the opportunity to question the other party’s witnesses. Cross-examination is essential to test the credibility of witnesses and scrutinize the accuracy of their statements, ensuring that all evidence is thoroughly examined.

In certain cases, the court may conduct a judicial investigation, an independent inquiry aimed at clarifying complex aspects of the case. This step allows the court to gain a deeper understanding of the facts and issues involved. After the judicial investigation, the proceedings move to the closing statement phase, where both parties or their Jabmis summarize their arguments and highlight the key evidence that supports their positions. This final summary allows the court to review the case holistically before making a decision. At this stage, the court verifies that all issues have been addressed and reiterates the importance of confidentiality and professional secrecy, particularly for legal representatives.

The final stage of the civil procedure is the award of judgment, where the court delivers its decision based on a careful analysis of the evidence, testimonies, and legal arguments presented. The judgment includes the court’s findings and outlines the operative parts, which specify the obligations and consequences for each party. Additionally, the court informs the parties of the enforcement procedures and any penalties for non-compliance. In some instances, the judgment is published on the judiciary’s official website, providing transparency and enabling public access to judicial decisions.

Throughout the civil proceeding, parties retain the option to seek an alternative dispute resolution (ADR). ADR includes negotiated settlements, which can be facilitated with or without the assistance of a Jabmi. The Alternative Dispute Resolution Act of Bhutan 2013 emphasizes that any settlement reached through ADR must be voluntary and legally compliant, safeguarding the fairness of the agreement. If the parties achieve a settlement, the court issues a judgment based on this agreement, effectively concluding the case without further litigation.

Aside from the standard judgment, there are specific types of judgments that the court may issue depending on the circumstances. A summary judgment, for instance, can be requested by a party if they believe the case can be resolved without a full trial, allowing for a faster resolution. Alternatively, a default judgment may be granted if one or both parties cannot be located or fail to appear in court, thus preventing unnecessary delays in the judicial process.

An essential feature of Bhutan’s civil procedure is the right to appeal. Dissatisfied parties may appeal a judgment to a higher court, as specified in the Civil and Criminal Procedure Code of Bhutan 2001.