Civil Procedure Act of the Republic of Serbia

Complete text of the provisions cited in the dossier, with Articles 410 and 413 added to explain the mandatory attorney requirement for revision. This is a selection of provisions; the complete official act is available in the PDF below. Source texts are separate from the case annotations. Short topic labels are editorial navigation aids; the provision follows each label.

Official Gazette RS 72/2011, 49/2013 (Constitutional Court decision), 74/2013 (Constitutional Court decision), 55/2014, 87/2018, 18/2020 and 10/2023 (other act). Text of the 98-page PDF published by the Supreme Court; the court names printed in that version are retained.

Unofficial translations of the full selected articles, prepared for this dossier from the Serbian text in the official court-hosted PDF. The original PDF remains the source.

Complete official PDF

SHA-256: 2ccc47b35a41e42f4dfe82e4549576b00f125adbb18a1b18f59fde189ae3e0a5

Official sources

• Official source · www.vrh.sud.rs
• Official source · www.up.sud.rs

Article 2

Lawful, equal and fair protection

The parties have the right to lawful, equal and fair protection of their rights.

The court may not refuse to decide a claim within its jurisdiction.

Article 3

Limits of claims and party disposition

In civil proceedings, the court decides within the limits of the claims made in the proceedings.

The parties may freely dispose of the claims they have made during the proceedings. They may waive their claim, acknowledge the opposing party's claim and reach a settlement.

The court shall not permit dispositions by the parties that conflict with mandatory rules, public policy, moral rules or good customs.

Article 5

Opportunity to respond

The court shall give each party an opportunity to respond to the opposing party's claims, applications and submissions.

The court may decide a claim on which the opposing party has not been given an opportunity to respond only where the law so provides.

The court may not base its decision on facts on which the parties have not been given an opportunity to comment, unless the law provides otherwise.

Article 7

Facts and proposed evidence

The parties must state all facts on which they base their claims and propose evidence establishing those facts.

The court shall consider and establish only the facts stated by the parties and take only the evidence proposed by them, unless the law provides otherwise.

The court may establish facts not stated by the parties and take evidence not proposed by them if the results of the hearing and taking of evidence indicate that the parties are disposing of claims of which they may not dispose (Article 3, paragraph 3).

Article 8

Assessment of evidence

The court decides which facts to regard as proven according to its conviction, based on a conscientious and careful assessment of each item of evidence separately, all the evidence as a whole and the results of the entire proceedings.

Article 15

Initial jurisdiction review

Immediately upon receiving the claim, the court shall examine of its own motion whether it has jurisdiction and in what composition, on the basis of the allegations in the claim and facts known to the court.

If circumstances on which jurisdiction is based change during the proceedings, or the claimant reduces the claim, the court having jurisdiction when the claim was filed retains jurisdiction even if, because of those changes, another court of the same kind would have jurisdiction.

Article 17

Subject-matter jurisdiction

Throughout the proceedings, the court shall examine its subject-matter jurisdiction of its own motion.

A higher court acting at first instance may not declare that it lacks subject-matter jurisdiction, either of its own motion or on the defendant's objection, after the defendant has entered into argument on the merits in matters within the jurisdiction of a lower first-instance court of the same kind.

Where the claim is not served on the defendant for a defence, the defendant may raise an objection to jurisdiction no later than before the preparatory hearing begins or, if none is held, before the main hearing opens.

No appeal lies against a ruling of a higher first-instance court declaring itself to have subject-matter jurisdiction, or a ruling declaring that it lacks such jurisdiction and transferring the case to a lower first-instance court of the same kind.

Article 22

Conflicts of jurisdiction

A conflict of jurisdiction between courts of the same kind is resolved by their common immediately superior court.

A conflict of jurisdiction between courts of different kinds is resolved by the Supreme Court of Cassation.

Article 77

Representative of a legal entity

The representative of a legal entity in proceedings is the person entered in the relevant register and designated by a special rule, a general or individual act of the legal entity, or a court decision.

Article 79

Verification of capacity and statutory representation

The court shall examine of its own motion whether a person appearing as a party can be a party to proceedings and has litigation capacity, whether a party lacking litigation capacity is represented by its statutory representative, and whether the statutory representative has special authority where required.

A person appearing as a statutory representative must prove that status when taking the first procedural step.

The statutory representative must produce special authority where it is required for particular procedural steps.

If the court finds that the statutory representative of a person under guardianship is not exercising the necessary care in representation, it shall notify the guardianship authority. If the representative's omission could cause harm to the person under guardianship, the court shall pause the proceedings and propose the appointment of another statutory representative.

Article 85

Representation and mandatory attorney for extraordinary remedies

The parties may take procedural steps personally or through an authorised representative.

An individual may be represented by an attorney, a blood relative in the direct line, a brother, sister or spouse, or a representative of a local government unit's legal aid service who is a law graduate and has passed the judicial examination.

An employee in an employment dispute may also be represented by a representative of the trade union of which the employee is a member, provided that the representative is a law graduate and has passed the judicial examination.

A legal entity may be represented by an attorney or a law graduate who has passed the judicial examination and is employed by that legal entity.

An authorised representative must have full legal capacity.

A party must be represented by an attorney in proceedings on extraordinary legal remedies, unless the party is an attorney.

Representation of the Republic of Serbia and its bodies and of territorial autonomy and local government units is governed by special rules.

The court may summon a party who has an authorised representative to state personally before the court the facts to be established in the proceedings.

A represented party may always appear before the court and make statements alongside the authorised representative and take procedural steps personally, unless this Act provides otherwise.

The court shall inform an unrepresented party who, through lack of knowledge, does not exercise rights under this Act that the party may engage an authorised representative in accordance with this Act.

Article 89

Scope and transfer of authority

Where a party has given authority to conduct litigation without specifying its scope in greater detail, an attorney acting as authorised representative is empowered to:

1. take all procedural steps, in particular file or withdraw the claim, acknowledge or waive the claim, conclude a settlement, lodge a legal remedy and waive or withdraw it, and request interim protective measures;
2. apply for enforcement or security and take the necessary steps in proceedings on that application;
3. transfer the authority to another representative or authorise another representative to take only particular procedural steps;
4. receive and collect awarded costs from the opposing party.

Where the party has not specified the representative's powers in greater detail, a representative who is not an attorney may take all procedural steps under that authority, but always requires express authority to withdraw the claim, acknowledge or waive the claim, conclude a settlement, withdraw or waive an ordinary legal remedy, and transfer the authority to another person.

Article 90

Written power of attorney

A party shall issue a power of attorney in writing.

Article 91

Filing and continuing verification of authority

The authorised representative must submit the power of attorney when taking the first procedural step.

Throughout the proceedings the court must verify whether the person appearing as authorised representative is empowered to represent the party. If it finds that the person is not authorised to take a particular step, the court shall set aside the procedural steps taken by that person unless the party has subsequently approved them.

Article 103

Calculation of time limits

Time limits are calculated in days, months and years.

The first day of a time limit expressed in days is the day following service or communication of the decision, or the day following the event from which the time limit begins under the law.

A time limit expressed in months or years ends on the day in the final month or year whose number corresponds to the day on which the court set it or the day of the event from which the time limit begins under the law.

If the final day falls on a public holiday, a Sunday or another day on which the court is closed, the time limit expires at the end of the next working day.

Paragraph 4 also applies to a time limit for bringing an action under special rules and to the limitation period for a claim or another right.

Article 104

Timely filing

A submission subject to a time limit is timely if filed with the court before the time limit expires.

The date on which a submission addressed to the court is sent by registered post or telegram is regarded as the date of filing with the court.

A submission sent by telegram is regarded as filed in time only if a proper submission is subsequently filed with the court or sent to it by registered post within three days after the telegram was lodged at the post office.

For a submission sent by email, the time stated in the email receipt confirmation is regarded as the time of filing with the court.

For persons performing military service in the Serbian Armed Forces and other persons serving in military units or institutions, the date of delivery to the military unit or institution is regarded as the date of filing with the court.

For persons deprived of liberty, the date of delivery to the institution for enforcement of criminal sanctions is regarded as the date of filing with the court.

If a submission subject to a time limit is delivered or sent to a court lacking jurisdiction before the time limit expires, but reaches the competent court after its expiry, it shall be regarded as timely if filing with the wrong court can be attributed to the submitter's lack of knowledge or manifest error.

Paragraphs 1–7 also apply to a time limit for bringing an action under special rules and to the limitation period for a claim or another right.

Article 106

Electronic hearing notices

The court may send the parties and other participants a hearing summons or notice of cancellation by email, telegram or another electronic message carrier, provided that this method allows the court to receive confirmation that the person has received the summons or notice.

Article 108

Adjournment and a new time frame

The court may exceptionally adjourn a hearing where necessary for taking evidence or because the judge is prevented from attending.

When adjourning a hearing, the court shall always set a new time frame, which may not exceed one third of the time frame originally set.

When a hearing is adjourned, the court shall immediately set the place and time of the adjourned hearing within the time frame referred to in paragraph 2.

No appeal lies against a ruling adjourning a hearing.

Article 109

Restoration after an excusable omission

Where a party misses a hearing or a time limit for a procedural step and thereby loses the right to take that step, the court shall, on the party's application, allow the step to be taken subsequently (restoration to the previous position) where there are justified reasons for the omission.

If restoration is allowed, the proceedings return to their position before the omission and all decisions made by the court because of the omission are set aside.

Article 110

Application and deadlines for restoration

An application for restoration shall be made to the court before which the omitted step should have been taken.

The application must be made within eight days after the reason for the omission ceased or, if the party learned of the omission only later, after learning of it.

Restoration may not be sought after 60 days have elapsed from the omission.

Where restoration is sought for missing a time limit, the applicant must take the omitted step at the same time as filing the application.

Article 111

Excluded restoration applications

Restoration is not permitted where the time limit in Article 110, paragraphs 2 and 3, has been missed or where the hearing scheduled on an application for restoration has been missed.

Article 112

Effect of a restoration application

An application for restoration does not affect the progress of the litigation, but the court may decide to pause the proceedings until the ruling on the application becomes final.

Article 113

Deciding a restoration application

The court shall reject by ruling applications for restoration that are out of time or inadmissible.

An application not based on generally known facts shall be rejected as defective if the party neither submitted nor proposed appropriate evidence with the application, or did not take the omitted step with it.

An application for restoration is generally decided without a hearing.

If the court considers evidence necessary to establish the facts correctly, it shall schedule a hearing.

Article 118

Reading and correcting the hearing record

The record is prepared as a written text based on the judge's spoken dictation, and may also be based on shorthand notes or a recording made with sound or visual recording equipment.

The parties have the right to inspect the record and the material referred to in paragraph 1, to read the record or request that it be read to them, and to object to its contents.

Other persons whose statements are entered in the record have the rights in paragraph 2, but only regarding the part containing their statement.

Corrections or additions to the contents of the record required following objections by the parties or other persons, or of the court's own motion, shall be entered at the end of the record. On those persons' request, objections that were not upheld shall also be entered.

Article 121

Transcript of a sound recording

In accordance with this Act, a sound recording shall be transcribed within eight days after recording. The transcript must contain everything in the sound recording and constitutes the record.

The parties may request the record referred to in paragraph 1.

If the record and the sound recording differ substantially in content, a party may object to the judge within eight days after service of the record.

Within three days of the objection under paragraph 3, the court shall by ruling amend the record or reject the objection. No separate appeal lies against that ruling.

Article 144

Change of address and service

A party or its representative who changes address before service of the decision finally concluding the proceedings must inform the court immediately.

If they fail to do so, the court shall order all subsequent service for that party in the litigation to be made by posting documents on the court notice board.

Service is deemed effected eight days after posting on the notice board.

If an authorised representative or a representative for receiving documents changes address before service of the decision finally concluding the proceedings without informing the court, service shall be made as if no such representative had been appointed.

Paragraphs 1–4 also apply to proceedings on an extraordinary legal remedy.

Article 163

Request and decision on costs

The court decides on reimbursement of costs on a specific application by a party, without a hearing.

The party must specify in the application the type and amount of costs for which reimbursement is sought.

The application must be made no later than the close of the hearing preceding the decision on costs. Where a decision is made without a prior hearing, the application for costs must be included in the application on which the court is to decide.

The court shall decide the application for costs in the judgment or ruling concluding the proceedings before that court.

Where a judgment or ruling ordering reimbursement of costs is pronounced orally, the court may decide to quantify the costs in the written judgment or ruling, if the ruling is to be served on the parties.

During the proceedings, the court shall decide on reimbursement by a separate ruling only where the right to reimbursement does not depend on the decision on the merits.

In the case referred to in Article 157, if withdrawal of the claim or legal remedy did not occur at a hearing, and in other cases where a decision was made outside a hearing, an application for costs may be made within eight days after service of notice of withdrawal or service of the decision.

Article 228

Facts and evidence supporting or contesting a claim

A party must state the facts and propose the evidence on which it bases its claim or contests the opponent's allegations and evidence, in accordance with this Act.

Article 229

Relevant facts and selection of evidence

The taking of evidence covers all facts important for the decision.

The court decides which evidence shall be taken to establish the material facts.

Article 244

Duty and ability to testify

Every person summoned as a witness must attend and, unless this Act provides otherwise, must testify.

Only persons capable of providing information about the facts to be proved may be examined as witnesses.

Article 257

Witness absence, refusal and sanctions

If a duly summoned witness fails to attend without justifying the absence, or leaves the place of examination without permission or a justified reason, the court may order compulsory attendance at the witness's expense and may impose a fine of 10,000 to 150,000 dinars.

If a witness attends but, after being warned of the consequences, refuses to testify or answer a particular question, and the court considers the reasons unjustified, it may impose a fine of 10,000 to 150,000 dinars. If the witness still refuses to testify, a further fine may be imposed.

An appeal against a fine does not stay enforcement, unless it also challenges the decision rejecting the witness's reasons for refusing to testify or answer a particular question.

On a party's application, the court shall decide that the witness must reimburse costs caused by unjustified absence or unjustified refusal to testify.

If the witness subsequently justifies the absence, the court shall revoke the fine and may release the witness wholly or partly from reimbursing costs. The court may also revoke the fine if the witness subsequently agrees to testify.

If a member of the armed forces or police must be brought compulsorily to testify, the court shall request their superior to arrange compulsory attendance.

Fines under paragraphs 1 and 2 are enforced in the manner prescribed by Article 190 of this Act.

Article 258

Witness expenses

A witness is entitled to reimbursement of travel, food and overnight accommodation expenses and lost earnings.

The witness must request reimbursement immediately after examination or lose that entitlement; the court must warn the witness of this.

In the ruling determining witness expenses, the court shall order payment from the advance deposited. If no advance was deposited, it shall order the party to pay the amount to the witness within eight days.

An appeal against the ruling under paragraph 3 does not stay its enforcement.

Article 267

Expert absence, refusal and sanctions

The court shall impose a fine of 10,000 to 150,000 dinars on an individual expert, or 30,000 to 1,000,000 dinars on a legal entity providing expert services, if the expert fails to attend despite being duly summoned and does not justify the absence, or fails to submit findings and an opinion within the time allowed.

The court may impose a fine of 10,000 to 150,000 dinars on an individual expert, or 30,000 to 1,000,000 dinars on a legal entity providing expert services, if the expert refuses to act without a justified reason.

The responsible person in a legal entity providing expert services may also be fined 10,000 to 150,000 dinars in the cases under paragraphs 1 and 2.

Fines under paragraphs 1 and 2 are enforced in the manner prescribed by Article 190 of this Act.

The court may revoke the fine under the conditions in Article 257, paragraph 5.

On a party's application, the court may by ruling order the expert to reimburse costs caused by unjustified non-attendance or unjustified refusal to act.

Article 268

Expert expenses and remuneration

An expert is entitled, in accordance with special rules, to reimbursement of travel, food and accommodation expenses, lost earnings and expert examination expenses, and to remuneration for the expert work performed.

Article 258, paragraphs 2 and 3, applies correspondingly to reimbursement of an expert's expenses and remuneration.

The party who proposed the expert evidence, or whom the court ordered to bear the costs of expert evidence ordered of its own motion, shall pay the expert's expenses and remuneration and provide the court with proof of payment within eight days of payment.

Article 284

Preservation of evidence

Where there is a justified risk that evidence cannot be taken or that taking it later will be difficult, an application to take that evidence may be made during or before litigation.

Before litigation begins, evidence by examination of the parties may not be taken in proceedings for preservation of evidence.

Preservation of evidence may also be requested after the decision concluding the proceedings becomes final, if needed for proceedings on extraordinary legal remedies.

Proceedings for preservation of evidence are urgent.

Article 303

Preparatory hearing summons and documents

The preparatory hearing summons shall warn the parties of their duty to state all facts and propose evidence supporting them, and to propose a time frame. It shall direct them to bring all documents serving as evidence and objects to be inspected by the court. The summons shall also warn them to inform the court of any change of address (Article 144).

If files, documents or objects held by a court, another state body, an autonomous province or local government body, a person entrusted with public powers or another legal entity are needed for the preparatory hearing, the court shall order their timely procurement.

The preparatory hearing summons shall be served at least eight days before the hearing.

Article 310

Opening the main hearing

The court opens the main hearing and announces its subject, establishes whether all persons summoned have attended, and checks whether they were duly summoned and whether any absence has been justified.

Article 311

Absence from the main hearing

If the claimant is absent from the main hearing or the defendant does not attend, despite being duly summoned, the hearing shall proceed with the party present.

If both claimant and defendant are absent without justification or refuse to argue the case, the claim is deemed withdrawn.

Article 313

Clarification through questions

By asking questions, the court shall ensure that the necessary explanations are provided during the hearing to establish the facts on which the merits of the claim depend (Article 7, paragraph 2).

Article 329

Preparation after adjournment and appeal

When the court adjourns the main hearing, it shall ensure that all evidence ordered for the next hearing is obtained and that other preparations are completed so that the hearing can be concluded then.

No appeal lies against a ruling adjourning a hearing or refusing the parties' applications for adjournment.

Article 364

Service of rulings made outside a hearing

Rulings made outside a hearing are communicated to the parties by service of a certified copy.

If a ruling refuses one party's application without first hearing the opposing party, it shall not be served on the opposing party.

Article 365

Reasons for a ruling

A ruling must state reasons if a separate appeal lies against it.

The written ruling contains an introduction and an operative part and, in the case under paragraph 1, reasons.

Article 374

Essential violations of civil procedure

An essential violation of civil procedure exists where, during the proceedings, the court failed to apply or incorrectly applied a provision of this Act and that affected or could have affected the delivery of a lawful and correct judgment.

An essential violation of civil procedure always exists where:

1. the court was improperly constituted, a judge who had to be excluded or recused by law heard the case, or a judge who had not participated in the main hearing took part in delivering the judgment;
2. a claim outside judicial jurisdiction was decided (Article 16), or the court refused to decide a claim within its jurisdiction;
3. a claim was decided on an action brought after the time limit prescribed by law;
4. the court decided a claim within the subject-matter jurisdiction of a higher court of the same kind or a court of a different kind (Article 17), or, on a party's objection, incorrectly held that it had subject-matter jurisdiction;
5. contrary to this Act, the court based its decision on impermissible dispositions by the parties (Article 3, paragraph 3);
6. contrary to this Act, the court delivered a judgment based on acknowledgment, waiver, failure to respond or failure to attend;
7. a party was denied the opportunity to present its case before the court by unlawful conduct, in particular failure to effect service;
8. contrary to the law, the court refused a party's request freely to use its language and script, or the proceedings were not conducted in the official language of a national minority although the statutory conditions were met;
9. a person incapable of being a party participated as claimant or defendant, a party that is a legal entity was not represented by an authorised person, a party lacking litigation capacity was not represented by its statutory representative, or the statutory or authorised representative lacked the authority required to conduct the litigation or take particular procedural steps, unless the conduct of the litigation or those steps was subsequently approved;
10. a claim was decided which had previously been determined by a final judgment or resolved by a court settlement;
11. the public was unlawfully excluded from the main hearing;
12. the judgment contains defects preventing its review, particularly where the operative part is incomprehensible or contradicts itself or the reasons; where the judgment contains no reasons or no reasons regarding material facts; where those reasons are unclear or contradictory; or where, regarding material facts, there is a contradiction between the account in the reasons of the contents of documents or records of statements made in the proceedings and those documents or records themselves, or the evidence taken.

Article 386

Scope of appellate review

The second-instance court examines the first-instance judgment in the part challenged by the appeal. If the appeal does not show which part is challenged, the second-instance court shall treat the judgment as challenged in the part in which the party was unsuccessful.

The second-instance court also examines a part not challenged by the appeal where a special law so provides.

The second-instance court examines the first-instance judgment within the grounds stated in the appeal, considering of its own motion essential violations of civil procedure under Article 374, paragraph 2, points 1–3, 5, 7 and 9, and the correct application of substantive law.

The second-instance court considers an award exceeding the claim only at a party's request.

Article 390

Dismissal of appeal and affirmation

The second-instance court shall by judgment dismiss the appeal as unfounded and affirm the first-instance judgment if it finds neither the grounds on which the judgment is challenged nor grounds it must consider of its own motion.

Article 396

Reasons addressing material appeal submissions

In the reasons for its judgment or ruling, the second-instance court should assess the material submissions in the appeal and state the grounds it considered of its own motion.

Where the appeal is dismissed, the court shall not give detailed reasons for the judgment if it accepts the facts established by the first-instance judgment and its application of substantive law.

If the first-instance judgment is set aside for essential violations of civil procedure, the reasons should identify the provisions violated, explain the violations and identify the defects affecting a correct decision.

If the first-instance judgment is set aside and the case remitted for retrial because the facts were incorrectly and incompletely established, the reasons shall identify the defects and explain why new facts and evidence are important and affect a correct decision.

If the first-instance judgment is set aside and the case remitted because incorrect application of substantive law resulted in incomplete establishment of the facts, the second-instance court shall indicate why new facts and evidence affect a correct decision.

Article 403

Revision against a final second-instance judgment

The parties may lodge a revision against a final judgment delivered at second instance within 30 days after service of the judgment.

Revision is always admissible where:

1. a special law so provides;
2. the second-instance court varied the judgment and decided the parties' claims;
3. the second-instance court allowed the appeal, set aside the judgment and decided the parties' claims.

Revision is not admissible in disputes concerning property rights where the value of the challenged part of the dispute does not exceed the dinar equivalent of 40,000 euros at the National Bank of Serbia's middle exchange rate on the date the claim was filed.

Article 410

Inadmissibility of revision without an attorney

The first-instance court shall, without holding a hearing, reject by an order a revision that is out of time, incomplete or inadmissible.

A revision is inadmissible if:

1. it was lodged by a person not entitled to lodge a revision;
2. it was not lodged through an attorney acting as authorised representative, unless the party is an attorney;
3. it was lodged by a person who has withdrawn the revision;
4. the person who lodged it has no legal interest in lodging it;
5. it was lodged against a judgment against which a revision may not be lodged under the law (Article 403, paragraphs 1 and 3), except under Article 404 of this Act.

Article 413

Supreme Court rejection of inadmissible revision

The Supreme Court of Cassation shall reject by an order a revision that is out of time, incomplete or inadmissible if the first-instance court has not done so within the limits of its powers (Article 410).

Provisions for checking the hearing-form reference

The hearing form cites Article 118(1) for the record particulars. In this edition the particulars are in Article 116(1), expressly referenced by Article 474. The old numbering can be checked in the official 2004 Gazette, Articles 118 and 473: physical pages 8 and 31. This comparison does not establish that the court applied the old Act or classified this family case as a small claim.

Article 116

Required contents of a hearing record

The record shall state: the name and composition of the court, the place where the procedural step is taken, the date and time when it is taken, the subject matter of the dispute and the names of the parties or third persons present, or their statutory or authorised representatives.

The record shall contain essential information about the substance of the procedural step taken. The main-hearing record shall in particular state whether the hearing was public or the public was excluded, the substance of the parties’ statements, their applications, the evidence they offered, the evidence taken, including the substance of the testimony of witnesses and experts, and the court’s decisions made at the hearing.

Article 474

Small-claims record: reference to Article 116(1)

In small-claims proceedings, the main-hearing record shall, in addition to the particulars under Article 116, paragraph 1 of this Act, contain:

1. statements of the parties that are of essential importance, particularly those wholly or partly acknowledging or waiving the claim, amending or withdrawing the action, or waiving an appeal;
2. the essential substance of the evidence taken;
3. decisions that may be appealed and were announced at the main hearing;
4. whether the parties were present when the judgment was pronounced and, if so, that they were informed of the conditions under which they may lodge an appeal.