Law on Civil Procedure
Governs civil litigation from claims and responses to evidence, judgments and remedies. It works alongside substantive law and special procedural rules for employment, family and other disputes.
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Civil procedure / access to court and remedies
Serbia’s Law on Civil Procedure determines how courts resolve civil disputes. It governs claimants and defendants, representation, claims and responses, service, evidence, hearings, judgments, costs and remedies. It does not itself define every right asserted: a claim often derives from contract, property, family or employment law. Procedural rules determine how the claim is presented and examined.
A party should identify what they seek or contest and the supporting facts. The competent court, a properly prepared claim, proposed evidence and correct service matter. Ignoring court correspondence may have consequences even where a person considers the claim unjustified. Representation rules depend on the proceedings; every form of representation is not permitted at every stage.
In practice, prepare a chronology, contracts, invoices, correspondence and witness information. Retain court decisions and the date of service. Check the relevant response and appeal deadlines rather than calculating everything under one general rule. Courts decide through the prescribed process and evidence; a party’s personal conviction cannot replace proof. Litigation costs and access to free legal aid also require separate checking of conditions.
Appeals, review before the higher court known in Serbian law as revizija, and other extraordinary remedies serve different purposes and have different requirements. Revizija is not automatically available in every civil case. Particular disputes have special rules that may modify the general regime. Obtaining a judgment is different from enforcing it; separate enforcement legislation also applies. Excessive duration may raise the right to trial within a reasonable time, a protection route that does not replace determination of the claim’s merits.
The current publication series includes Official Gazette 72/2011, Constitutional Court decisions 49/2013 and 74/2013, amendments 55/2014, 87/2018 and 18/2020, and change through another law 10/2023. The specific official Legal Information System text, an institutional catalogue and recent Supreme Court practice confirm this framework. Transitional provisions should be checked for proceedings started under earlier rules.
This is Avangarda’s editorial information overview, rather than the statutory text or advice for an individual case. This translation is editorial and is not an official translation of Serbian legislation. Check the current official text, special legislation and your documents for a specific situation, and obtain qualified legal assistance where needed.
What is this for?
Helps organise a civil claim or defence and understand evidence, service, costs and available remedies.
Who can use it?
Claimants and defendants, representatives, legal professionals and people considering civil court protection.
When should it be used?
When preparing a claim, receiving court documents, proposing evidence, attending hearings or checking appeals and revizija.