CODE OF CIVIL PROCEDURE IN THE REPUBLIC OF NORTH MACEDONIA

This article will provide guidance on the Code of Civil Procedure in the Republic of North Macedonia. The Republic of Macedonia (also called North Macedonia) has a legal system founded on civil law jurisprudence. This implies that the courts base their judgments on the Constitution, and laws and international treaties are signed in conformity. In accordance with the Constitution, the Supreme Court is the highest in North Macedonia and ensures uniformity in the court's interpretation of the law. To ensure the courts' uniform application of the law, the Supreme Court performs its responsibility by giving general views and legal opinions on significant subjects. The Supreme Court's general and legal opinions delivered during a general session are binding on all its councils.

Cultural differences can also pose a challenge when serving legal documents in North Macedonia. The country has a unique culture and customs that may be unfamiliar to foreigners. At Undisputed Legal, we ensure we are familiar with the local culture. We assure you that your documents are served culturally sensitively, avoiding potential misunderstandings or conflicts.

BACKGROUND

The North Macedonian legal system is organized into three levels. There are twenty-seven first-instance courts, four appellate courts, and the Supreme Court. The fundamental courts comprise one or more municipalities whose boundaries are specified by the Courts Law. A single judge decides interim measures and civil claims for up to MKD 1.8 million in the basic courts. In cases when the claim exceeds this amount and in specific types of conflicts mandated by law (e.g., labor disputes, intellectual property issues, and some family law disputes), the court functions as a council consisting of one professional judge and two lay judges.

The appellate courts hear appeals of verdicts and decisions of the courts of the first instance. The parties can appeal appellate court decisions to the Supreme Court in certain circumstances and under the terms and conditions specified by law. The system does not recognize specialized courts, but each civil court has the following departments that deal with the pertinent subject matter.

Navigating the court system in North Macedonia can be challenging for foreign individuals or entities. The legal system differs from other countries and is governed by local laws and regulations. As such, it can be difficult for parties to understand the legal requirements and procedures for serving legal documents. This is where a private Republic of North Macedonia process service agency like Undisputed Legal comes in. Undisputed Legal can provide crucial support in serving legal documents in North Macedonia. We are very familiar with the local legal system and can guide parties through serving legal documents in compliance with local laws and regulations.

Additionally, we can assist in identifying the proper jurisdiction for your case. In North Macedonia, different courts have different levels of jurisdiction, and it can be challenging for parties to determine which court has the appropriate jurisdiction for their case. At Undisputed Legal, we can help ensure that your documents are tailored to the correct court, preventing any unnecessary delays or complications in your case.

PRE-LITIGATION MEASURES IN NORTH MACEDONIA

In general, there are no pre-action considerations that parties must take into account prior to beginning civil actions, with the exception of statutory provisions (like the discovery of the event of a substantial or legal defect wherein the claimant must notify the defendant within eight days). The claimant will lose the right to seek legal protection if all the specific conditions are unmet.

In addition, if the claimant wishes to present an expert opinion as evidence in court proceedings, the expert opinion must be prepared before filing the complaint. It must be submitted to the court alongside the lawsuit. Suppose the defendant intends to provide an expert opinion as evidence in the court action. In that case, the expert opinion should, if feasible, be prepared before the response to the lawsuit is filed and delivered to the court along with the response.

In commercial disputes involving a monetary claim of less than MKD 1 million that should be handled in court, the parties must first attempt to resolve the matter through mediation before filing a lawsuit. A party may propose, under the Law on Court Procedure, that certain evidence be presented either during the proceedings or prior to the initiation of the proceedings if there is a justifiable fear that it may not be possible to present such evidence or that its presentation at a later date may be impeded. The statute of limitations for civil claims between persons and between individuals and legal entities is five years, with the exception of compensation for damages, rent, and other circumstances where the statute of limitations is three years. There is a one-year statute of limitations for payments related to water supplies, electric bills, and similar matters.

After three years, claims arising from commercial agreements between legal entities are time-barred. The courts of North Macedonia have jurisdiction when the defendant has their abode or principal place of business in the country.

Pre-litigation procedures are important in resolving disputes before filing a lawsuit in the Republic of North Macedonia. These procedures aim to facilitate an amicable settlement between the parties involved and avoid the need for costly and time-consuming litigation. The pre-litigation procedures in North Macedonia typically involve a series of negotiations and communications between the parties and their legal representatives. This process can be complex and requires a thorough understanding of the local laws and regulations governing the pre-litigation stage, which a private process service agency like Undisputed Legal can provide.

INITIATING A CLAIM IN north MACEDONIA

Civil actions are initiated in accordance with the type of document upon which the plaintiff rests its claim against the respondent. On the basis of this proposal, the notary public will make an enforcement determination and deliver it to the defendant. The defendant can seek an appeal within eight days of receiving the decision. Without an objection, the notary's decision becomes final and enforceable. If the petition pertains to a monetary claim supported by trustee deeds and the duty must be enforced abroad, the court – and not a notary – should make an order compelling the defendant to comply with the petition (court payment order).

If trustee deeds do not support the plaintiff's claim, civil processes are initiated by the claimant filing a lawsuit. There are unambiguous requirements for the contents of a lawsuit. If these requirements are unmet, the court may dismiss or reject the action if professional counsel files it. The submission must be comprehensible and contain all pertinent information for action. In particular, it must include the name of the court, the name, and surname of the plaintiff, along with personal identification as proof and the plaintiff's place of permanent residence (which also includes the head office of a company or other legal entity entered in the Central Register of North Macedonia or another register, with proof from the corresponding register.) The claim must also include the subject matter, the dispute, the value of the dispute, the content of the complaint, and the date on which the complaint was filed (including electronic signature, email address, and contact phone number).

The procedures commence upon service of the lawsuit against the defendant. Basic courts are responsible for the service of court documents. It is imperative to understand the specific court requirements according to the level of court the documents should be sent to. Involving a private process service agency like Undisputed Legal with an in-depth understanding of every local service condition can be helpful now.

The legal requirements for the contents of a lawsuit are fairly precise. It must be complete and easy to understand to take action on the submission. The court's actions during litigation are consistent with its role as an entity mandated to carry out and resolve the dispute between the parties in accordance with the rules established according to the Constitution and with the laws and international agreements ratified in accordance with the Constitution.

When the value of the claim or the nature of the dispute reaches a specific level, the lay judges become members of the court council. Lay judges can interrogate attorneys and witnesses, rule on procedural matters, and vote on the case's outcome. A lay judge's vote has the same weight as a professional judge's.

SPECIFICS OF A TRIAL IN north MACEDONIA

A lawsuit is the first step in the legal process. The defendant has eight days from the service date to respond to the complaint and its attachments. The defendant's answer to the complaint must respond to the plaintiff's demands and allegations and provide proof to support the defendant's assertions.

After eight days of receiving the answer to the lawsuit, or after the deadline for submitting the response has passed, the court will schedule a pre-trial hearing, which will be placed within fifteen days of the date of schedule, at the latest. The parties must disclose all facts and evidence based on their claims and provide all papers and materials for the pretrial hearing. The trial date will be set during the preliminary hearing. The claims and accusations upon which they are founded will be considered during the main hearing between the parties. When all evidence has been produced, each side (beginning with the plaintiff) can make a short closing statement to the court, summarising the case's key points from a legal and factual perspective.

When a lawsuit has been filed, the law requires the court to notify the defendant and give it a certain amount of time to respond. This time frame should not exceed thirty days, even in complicated situations. When filing a lawsuit or a response to a lawsuit, each party must include any relevant evidence and provide suggestions for further evidence to be submitted at trial. A preliminary hearing for the collection or proposal of evidence will be scheduled after the court receives the answer to the lawsuit. In certain jurisdictions, the preliminary hearing is held before the main hearing, whereas in others, the main hearing follows the preliminary hearing. The length of a case heard in the first instance might range from six months to a year.

One of the most crucial aspects of a trial is ensuring that all parties involved are properly served with legal documents. At Undisputed Legal, we can help ensure that all parties are served with the necessary legal documents promptly and effectively according to local and international laws and regulations. Further, we can also help retrieve and authenticate documents, following international evidence specifications.

ENFORCEMENT OF FOREIGN JUDGEMENTS IN north MACEDONIA

A foreign court decision is equivalent to a local court decision in North Macedonia only if recognized by a North Macedonian court. The Macedonian courts will recognize foreign decisions if the party has produced the original or a properly authenticated copy of the judgment and the relevant authority has confirmed that the award is final.

Enforcement agents handle the execution of a judgment. Execution may be directed against the debtor's moveable and immovable property and claims against third parties. In the event of non-compliance with enforcement over the debtor's share in a trading firm, the court will punish the company and its manager. In the event of obstruction of execution of a non-monetary claim, a fine will also be levied.

After the legal documents have been served, an affidavit of service must be filed with the appropriate court or authority. Undisputed Legal can help prepare and file this document, ensuring it is done correctly and complies with local regulations.

SERVICE OF INTERNATIONAL PAPERS IN north MACEDONIA

The Hague Service Convention was enacted on November 15, 1965, by the member nations of the Hague Conference on Private International Law and is used by process servers in the Republic of North Macedonia to service civil and commercial documents. It was created to provide plaintiffs with a dependable and effective method of serving papers on persons residing overseas, doing business from, or otherwise located in a foreign nation. Service of process in civil and commercial cases, but not criminal ones, is governed by the convention. If the address of the person to be served is unknown, the Convention will not apply either.

If the law of the State does not prohibit the method of service requested by the applicant addressed, the Central Authority of the State addressed will either personally serve the document or arrange for it to be served by an appropriate agency in accordance with the method prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory.

Suppose the Central Authority is responsible for providing the document. In that case, it has to be drafted, or translated into, the official language or one of the official languages of the Republic of North Macedonia. Further, we ensure your documents are carefully sent to the defendant through the central authority. Suppose the initial attempt to serve the legal documents is unsuccessful. In that case, Undisputed Legal can provide follow-up services to attempt to locate the defendant and serve the documents again through the central authority. This can include skip tracing and other investigative services. We are beholden to our clients and will make the utmost effort to ensure you are always aware of where your papers are. We pride ourselves on accountability and speed of service, ensuring that you are never anxious about the status of your papers.

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 REPUBLIC OF NORTH MACEDONIA

Simply 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 North Macedonia 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 plaintiff should commence the proceedings by proposing the defendant with a competent notary public (notary payment order) if their claim is founded on the following:

Invoices;
promissory notes;
bills of exchange
public deeds or excerpts from the plaintiff's verified book-keeping records;
or private deeds confirmed in accordance with the law, as well as interest calculation lists (trustee deeds).

2. The most recent amendments to the Law on Civil Procedure, which went into effect on January 31, 2016, stipulate that in commercial disputes involving monetary claims of less than MKD 1 million that should be brought before a court, the parties must first attempt to resolve the dispute through mediation before filing a lawsuit.

3. If any of these conditions are not met, the lawsuit may be dismissed, or if brought by an attorney, the case may be dismissed altogether (i.e., an attorney at law).

4. Lex specialis supersedes lex generalis; and in case of relations with a foreign element, the Law on International Private Law (Official Gazette of the Republic of Macedonia 87/2008 and 156/2010) shall apply, provided that they may be directly applied.

5. There must be no violation of due process in the foreign procedure against the opposing party, and a Macedonian court must not have exclusive jurisdiction over the dispute's subject matter. Enforcing a judgment is possible if there is no agreement between the parties that Macedonian courts were competent to resolve the dispute and there is no res judicata in the substantive case. The judgment does not violate Macedonian public order.