Amendments to the Law on Civil Procedure of Republika Srpska, applicable as of 27July 2013, introduce significant novelties. The intention of the legislator behind many of the changes was to increase efficiency of proceedings.
Adversarial process
Traditionally investigative proceedings have acquired adversarial traits. Prior to the amendments, the judge had a duty to take evidence which he/she thought could contribute to finding of the truth, even if the evidence was not proposed by any of the parties. The amendments now stipulate that the court may not take evidence which is not introduced by a party, except where public policy is involved or there is an express statutory authorization in this respect, such as in the case of a reasonable doubt that a party abuses its procedural rights. It is also stipulated that the court may not base its decision on the facts which the parties were not allowed to address during the proceedings. Read more
