CODE OF CIVIL PROCEDURE IN THE REPUBLIC of MOLDOVA

This article will provide guidance on the Code of Civil Procedure in the Republic of Moldova. The legal system of the Republic of Moldova belongs to the civil law tradition with some influence from Germanic law. A hybrid of Soviet and Continental legal traditions, Moldovan law was modified during the Soviet era to conform to Soviet Union standards. The legal system began being modified in 1990 to make it more consistent with national historical traditions and European legal paradigms.

A country with a complex legal structure like the Republic of Moldova means that serving legal documents can usually be difficult. Consequently, it is helpful to involve the services of a private Republic of Moldova process service agency like Undisputed Legal. We can assist you in ensuring that your documents are carefully delivered according to international and domestic requirements.

BACKGROUND

The current structure of the legal system consists of trial courts, appellate courts, and the Supreme Court. The Supreme Court of Justice and the Court of Appeals handle petitions and take their enforcing power from the highest law in the Republic of Moldova, the Constitution. There is no force or effect of the law of any statute in conflict with the provisions of the Constitution.

The courts in the Republic of Moldova are the seat of government in matters of law and order, as mandated by the country's Constitution and other statutes. The Supreme Court administers justice, the Court of Appeal, and the regular courts in accordance with the new judicial system law. According to the legislation, different types of courts (economic, military, etc.) may hear different cases. On the proposal of the Supreme Magistrates Council, the courts function in the areas designated by Parliament. Additional courts may be set up in certain towns or communities in exceptional cases. Except for matters that, by law, must be heard in specialized courts, the regular courts hear all cases and petitions.

At Undisputed Legal, we can provide expert advice on the legal requirements for serving documents in the Republic of Moldova. Our process servers can guide you through the steps you need to take to ensure that your documents are served impeccably to avoid any potential delays or issues with the service of process. We have extensive experience with global process service requirements and aim to safeguard our clients’ trust fully.

HOW ARE CIVIL ACTIONS BEGUN IN the republic of MOLDOVA

The Civil Procedure Code of the Republic of Moldova has provided that all requests and procedural documents, including statements of claim, notices of appeal, appeals, applications for review, applications for issue of court orders, and any others, may be filed in court via the Integrated Case Management System. Electronic applications and supporting documents submitted in electronic form must be signed using a qualified advanced electronic signature. Courts apply the civil procedural laws in effect on the date of the trial of the civil case, the execution of the procedural documents or the execution of the court documents (judgments, conclusions, decisions, ordinances), as well as the documents of other authorities in instances where the law so provides.

The court initiates the civil action at the request of the party asserting a violated or challenged right, freedom, or legitimate interest. A summons application is presented when filing litigation for legal disputes (contentious procedures), whereas an application is made in non-contentious instances. Requests for summons, requests for appeal, appeal, review, the release of court orders, and any other requests or procedural papers may be sent to the court using the integrated file management application, which is unique to the judicial system. According to the law, proof of the electronic signature must be added to papers submitted using the integrated file management application.

FORM OF A SUMMONS IN the republic of MOLDOVA

The summons request and procedural documents are communicated to the trial participants and interested parties, against signature, through [A.] the authorized person, [B.] by mail, [C.] by registered letter and with acknowledgment of receipt, [D.] through the bailiff's office to the electronic address specified in the summons request or registered through the integrated file management program, or [E.] by other means that ensure the transmission of the text contained in the summons request. At Undisputed Legal, we can verify that your documents comply with the formats required for service in the Republic of Moldova. We can authenticate your papers and prevent them from being rejected for being improper.

The subpoena request and procedural court documents are communicated to public authorities, legal entities under private law, and attorneys via the integrated file management program. The documents herein are connected via the electronic address specified in the subpoena request, the attorney's mandate, and other documents certifying the use of electronic mail. The court informs the process participants, witnesses, experts, specialists, and interpreters by subpoena of the location, date, and time of the court session or the execution of certain procedure acts. In emergencies, trial participants, witnesses, experts, specialists, and interpreters may be notified or subpoenaed by telegram, telephone, or electronic address registered in the Integrated File Management Program or by other means that attest delivery and receipt of the notification or subpoena.

Trial participants, witnesses, experts, specialists, and translators are served with summonses and notifications so that they may prepare for the trial and present before the court on time. The subpoena is delivered to the party three days before the trial date. Legally informed parties in a proceeding cannot subsequently invoke their non-summons for the execution of procedural documents. The party's appearance in court, in person or by an agent, cures any fault in the service of the summons. However, the party may request a trial delay if the summons is not delivered by the date.

The summons or notice is sent to the address the party or another participant provided. If the individual does not reside at the address provided to the court, the summons or notice may be issued to their place of employment or their location. Summonses and court notifications issued to the headquarters of legal entities and not received by the expiry of the complaint deadlines are deemed delivered on the expiration date of the complaint deadline, even if the recipient did not file a complaint with the post office. Summonses and notifications delivered to the registered electronic address in the Integrated File Management Program are deemed received.

CONTENTS OF THE SUMMONS

The summons and notification should include the court's location, time, and presentation date. The name and address of the individual cited or informed, the cause for the issuance of the summons or notice, and the role in which the individual is cited or notified. In the summons and notification, the participants in the trial are asked to present the evidence they have regarding the case. The summons includes information about the consequences of not presenting such evidence and of not appearing in court, as well as the obligation of the person who received the summons or notification in lieu of the absent addressee to deliver it to them as soon as possible.

With the summons or notice, the judge sends the defendant copies of the papers filed to the court. The plaintiff also receives a copy of the defendant's reference to the summons if it was filed to the court. The summons and notice can also be sent by registered mail with acknowledgment of receipt or by a court-authorized agent. The service date is written on the portion of the summons or notice presented to the addressee and on the spine, which is returned to the court. The summons, notice, and procedural papers may be delivered to the addressee at the courthouse. If their submission is made during a court session, the court may set a timeframe for reviewing the papers received at the interested party's request.

The parties' representatives and other trial participants may exchange papers about the legal process. In this instance, the transmission of the documents will be validated by the signature on the copy to be presented to the court or by any other methods that guarantee the confirmation of communication.

Suppose the defendant's location is unknown, and the plaintiff certifies that they tried everything necessary to discover the defendant's address. In that case, the court's president orders the defendant's summons through publication. Publishing in the media is equivalent to a legal subpoena. The summons must be published in a newspaper at least fifteen days prior to the court date. In exceptional situations, the court's president may decrease this period to five days.

Undisputed Legal is well-versed in the domestic forms of process service, so we can ensure that your papers are cared for. We also provide international process service in a manner that complies with Convention requirements. Our process servers can provide regular updates on the progress of the service of process. This can be particularly important if you are dealing with tight deadlines or need to know the status of your case. With experienced process servers like those at Undisputed Legal on your side, you can rest assured that your legal documents will be served promptly and professionally, giving you the best chance of a successful outcome in your case.

INTERNATIONAL PROCESS SERVICE IN the Republic of Moldova

In accordance with the Hague Service Convention, a multilateral convention enacted in the Hague, Netherlands, on November 15, 1965, by member nations of the Hague Conference on Private International Law, our Undisputed Legal process servers in the Republic of Moldova serve civil and commercial issues. It was created to provide plaintiffs with a dependable and effective method of serving papers on parties located in or doing business from another nation. Service of process in civil and commercial cases, but not criminal cases, is governed by the convention. Suppose the international treaty to which the Republic of Moldova is a party establishes different norms than those provided by the Republic of Moldova's civil procedural legislation. In that case, the international treaty's norms will apply if it does not follow the international treaty that the adoption of a national law is required for their application.

The Central Authority of the State to which the document is directed will serve it or cause it to be served by an appropriate agency, either in the manner prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory or in the manner requested by the applicant. At Undisputed Legal, we are very careful to ensure that process service is done in a manner consistent with the law of the State to which the document is directed. Suppose the Central Authority is responsible for providing the document. In that case, it has to be written in, or translated into, the state language (or one of the state languages) of the Republic of Moldova.

The parties to a legal dispute now have a less complicated way to achieve service in other contracting nations thanks to the Hague Service Convention. Each contracting state must appoint a single authority to receive requests for assistance from other states. A request for service may be sent directly to the central authority of the state where service is to be made by a judicial official who is authorized to serve the process in the state of origin. Following receipt of the request, the recipient state's centralized authority will make arrangements for delivery, usually via a local court. After the service has been completed, the requesting judicial officer will get a certificate of service from the centralized authority.

Suppose no other procedure is specified by international treaties to which the Republic of Moldova is a party or by special law for summoning or notifying persons with a known domicile or residence abroad. In that case, the summons or notification will be sent to them by registered letter with acknowledgment of receipt. These regulations also apply to transmitting or noticing any other procedural document.

With Undisputed Legal, our priority is the speed and efficiency with which legal papers are served. We ensure our clients are served without any unnecessary delays. This may be particularly significant in time-sensitive legal situations or those having a court deadline. Our Undisputed Legal process servers in the Republic of Moldova assure our clients that their legal papers are in the hands of experts committed to doing all it takes to get the best possible conclusion for their case.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded on our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents.

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN THE REPUBLIC OF MOLDOVA

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Republic of Moldova process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. The Supreme Court of Justice is the highest in Moldova and is responsible for ensuring uniformity in applying the law across the country's judicial system. A unique Statute on the Supreme Court of Justice governs the institution's structure and procedures.

2. Vestile Sovietului Supreme RSS Moldovenesti was the official publication of the Soviet Suprem, the highest authority in the country, from 1960 until 1990. Monitorul Parlamentului Republicii Moldova is where all legislation passed in Moldova since its independence has been published (1991 through July 1994). Since August 1994, the main source of all legislative papers and the most important official publication has been Monitorul Oficial al Republicii Moldova, formerly known as the Official Gazette. Mold press, the state-run information agency, began issuing the Official Gazette in August 1994, with editions in both Moldovan and Russian. The number of laws must be enacted before an issue is released (ex., weekly). Every edition of the Official Gazette follows this general format, with certain variations based on the laws passed since the last issue.

3. In this instance, the application and any electronic documents connected to it must be signed using a qualified advanced electronic signature.

4. If the recipient cannot be found at home or work, the person authorized to deliver the summons or notice will deliver it to an adult member of the recipient's household who has consented to receive it. In their absence, they will send it to the housing organization, the village mayor's office, or the administration at the recipient's employment. On the reverse of the summons or notice, the recipient must provide their name and connection to the addressee or their position. If the addressee's whereabouts are uncertain, the fact is included in the summons or notice, together with the information's source, date, and time.

5. An out-of-country plaintiff can specify the address where process-related communications shall be sent in the Republic of Moldova. If the defendant resides overseas, he shall be advised of his right to provide an address in the Republic of Moldova where communications would be sent. If the defendant fails to comply with this requirement, the communication is transmitted through registered mail, and the papers sent are noted on the receipt.

6. Under the rules of this law, summonses may be sent using the Integrated File Management Program.

7. If the foreign defendant's domicile or abode is unknown, the summons is issued in accordance with Article 108.