Court procedural record / Primary source

Main-hearing summons — Basic Court in Novi Sad, P2.470/24, 22 March 2024

The Basic Court in Novi Sad summoned the plaintiff’s authorized representative to a main hearing on 2 April 2024 at 8:15 a.m., room 210/2, in the case for annulment of full adoption. The summons is dated 22 March 2024 and bears Judge Bojana Vujić’s name.

Basic Court in Novi Sad 2024-03-22

This one-page summons identifies case P2.470/24, Milan Petrović as plaintiff and the Centre for Social Work in Novi Sad as defendant. It addresses the plaintiff’s authorized representative, whose identity is redacted in the public copy. The scheduled hearing was 2 April 2024 at 8:15 a.m., room 210/2. The handwritten date 27 March 2024 is reproduced without assigning it an undocumented role. The form contains the full general instructions for parties, witnesses and experts. Its issuance and scheduling are distinct from proof that a hearing took place. The appearance of the case before the Basic Court does not itself establish that the earlier request to correct the Higher Court’s ruling was granted or that any particular ruling became final.

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Legal references and their sources

Cited in the document 10

Article 79 · Verification of capacity and statutory representation

Civil Procedure Act of the Republic of Serbia

The summons tells a statutory representative to prove that status at the first procedural step under Article 79(2). This is the form’s advance instruction about authority, not a finding that a particular representative in this case lacked it.

Short quotation from the source

A person appearing as a statutory representative must prove their authority to act in that capacity when taking their first procedural action (Article 79, paragraph 2, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 79

Article 91 · Filing and continuing verification of authority

Civil Procedure Act of the Republic of Serbia

The summons expressly requires the authorised representative to submit a power of attorney at the first procedural step under Article 91(1). This establishes what the court’s own form told representatives to provide; whether it was complied with at a particular later hearing requires that hearing’s record and the filed authority.

Short quotation from the source

An authorized representative must submit a power of attorney when taking their first procedural action (Article 91, paragraph 1, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 91

Article 144 · Change of address and service

Civil Procedure Act of the Republic of Serbia

The summons warns that an unreported change of address may lead to service by posting on the court notice board, deemed effective after eight days. Article 144 is cited for that conditional service rule; this printed warning does not establish that the claimant changed address or that notice-board service actually occurred.

Short quotation from the source

… from the date the documents were posted on the court’s notice board (Article 144 of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 144

Article 244 · Duty and ability to testify

Civil Procedure Act of the Republic of Serbia

The summons cites Article 244(1) for a summoned witness’s duty to attend and, subject to statutory exceptions, testify. This instruction concerns witnesses; it must not be applied as though every party or party representative attended in the capacity of a witness.

Short quotation from the source

Every person summoned as a witness must respond to the summons and, unless this Act provides otherwise, must also testify (Article 244, paragraph 1, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 244

Article 257 · Witness absence, refusal and sanctions

Civil Procedure Act of the Republic of Serbia

The summons warns of compulsory attendance and a possible fine when a duly summoned witness fails to attend without justification. Article 257 concerns witness discipline; the printed warning is not an imposed sanction and does not govern a CSR representative merely acting for the defendant.

Short quotation from the source

If a duly summoned witness fails to attend the hearing without justifying their absence, or leaves the place where they are to be examined without permission or a justified reason, the court may order the witness to be brought in by force and to bear the costs of bringing them in. It may also impose a fine of 10,000 to 150,000.00 dinars (Article 257, paragraph 1, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 257

Article 258 · Witness expenses

Civil Procedure Act of the Republic of Serbia

The summons cites Article 258 for reimbursement of a witness’s expenses and lost earnings, with the request due immediately after examination. This is information for witnesses, separate from a party’s litigation costs or a lawyer’s fee.

Short quotation from the source

A witness is entitled to reimbursement of travel, meal and overnight accommodation expenses, and compensation for lost earnings. The witness must request reimbursement of expenses immediately after being examined; otherwise, the right to reimbursement is lost (Article 258 of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 258

Article 267 · Expert absence, refusal and sanctions

Civil Procedure Act of the Republic of Serbia

The form cites Article 267(1) for fines on an appointed expert who fails to attend without justification or misses the deadline for findings and an opinion. Its presence does not show that expert evidence was ordered here, and it is not the rule governing an ordinary institutional representative’s absence.

Short quotation from the source

… fails to submit their findings and opinion within the time allowed (Article 267, paragraph 1, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 267

Article 268 · Expert expenses and remuneration

Civil Procedure Act of the Republic of Serbia

Article 268 appears in the summons as an instruction on expert expenses and remuneration. It concerns a person performing court expert work, not every law graduate or social worker who represents or works for CSR.

Short quotation from the source

An expert witness is entitled to reimbursement of travel, meal and accommodation expenses, compensation for lost earnings and the costs of expert examination, and to a fee for performing the expert examination (Article 268, paragraph 1, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 268

Article 303 · Preparatory hearing summons and documents

Civil Procedure Act of the Republic of Serbia

The summons invokes Article 303(1) when directing the parties to state facts, propose evidence and a time frame, and bring documents and objects for inspection. The provision is about preparation for the hearing; the printed direction does not prove that the court later obtained or evaluated all proposed evidence.

Short quotation from the source

The parties are warned of their duty to present all facts and propose evidence establishing those facts, and of their duty to propose a time frame. The parties are ordered to bring to the hearing all documents serving as evidence and all objects that need to be inspected by the court (Article 303, paragraph 1, of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 303

Article 311 · Absence from the main hearing

Civil Procedure Act of the Republic of Serbia

The summons states Article 311’s two different consequences: the hearing proceeds with the attending party if the other duly summoned party is absent; presumed withdrawal concerns unjustified absence or refusal to plead by both parties. One defendant representative’s absence is not, by itself, the printed condition for presumed withdrawal.

Short quotation from the source

If the plaintiff is absent from the main hearing or the defendant does not attend it, although duly summoned, the hearing will be held with the party who is present. If both the plaintiff and the defendant fail to attend the main hearing without justification, or refuse to plead the case, the claim will be deemed withdrawn (Article 311 of the Civil Procedure Act).

Open passage in its source Civil Procedure Act (ZPP) · Article 311