Court procedural record / Primary source

CSR representative without power of attorney and jurisdiction objection — P2.470/24,24 April 2024

Maja Petrović, a CSR law graduate, appears without a power of attorney. Before Judge Bojana Vujić’s panel, counsel challenges jurisdiction and the finality stamp attributed to Higher Court judge Biljana Lepotić. The panel will decide the further course in writing.

Basic Court in Novi Sad 2024-04-24
The plaintiff appears in person with counsel at the non-public hearing on 24 April 2024, recorded from 11:00 to 11:15. For the defendant, the record names Maja Petrović, a CSR law graduate, without a power of attorney. Counsel asks that today’s hearing not be held and maintains the jurisdiction objection submitted on 1 April. Her recorded statement names Higher Court judge Biljana Lepotić, challenges the appeal instruction and 20 March finality stamp, and says the 13 March correction request remains unanswered. It first refers to P.98/24 and P.98/2024 of 26 February, then to P.97/2024 of 27 February; the source references are preserved. She asks the Basic Court to declare a lack of subject-matter jurisdiction and send the file to the Court of Appeal for resolution of the conflict. The panel led by Bojana Vujić rules that the court will decide the further course of proceedings in writing.
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Maja Petrović appears for the CSR without a power of attorney; jurisdiction objection before Bojana Vujić
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The 24 April hearing event is documented by the appearance record: the plaintiff attended with his counsel, and Maja Petrović, a law graduate at the Centre for Social Work, appeared for the defendant without a power of attorney. The record identifies Bojana Vujić as the presiding judge.

**For the plaintiff:** in person with his authorized representative **[redacted]**, a lawyer of Novi Sad. **For the defendant:** for the defendant, Maja Petrović, a law graduate at the CSR, **without a power of attorney**.
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Hearing postponed for lack of procedural conditions — P2.470/24, 2 April 2024
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The 2 April record set the next hearing for 24 April at 11:00. This later record documents that hearing and the changed attendance: the plaintiff was present in person with counsel, and Maja Petrović appeared for the Centre for Social Work without a power of attorney.

**Start at 11:00 a.m.** **The hearing is not public.** The presiding judge opens the main hearing, announces the subject to be heard and establishes that the following have appeared: **For the plaintiff:** in person with his authorized representative **[redacted]**, a lawyer of Novi Sad. **For the defendant:** for the defendant, Maja Petrović, a law graduate at the CSR, **without a power of attorney**.
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Judge Bojana Vujić declares the Basic Court without jurisdiction — conflict referred to the Appellate Court, 29 April 2024
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At the 24 April hearing, the panel presided over by Bojana Vujić recorded that it would decide the further course of proceedings in writing. The 29 April ruling supplies that subsequent written procedural act: the Basic Court declines subject-matter jurisdiction and sends the file for resolution of the jurisdictional conflict.

**The Basic Court in Novi Sad DECLARES ITSELF without subject-matter jurisdiction to act in this legal matter.** **The file shall be sent to the Appellate Court in Novi Sad for resolution of the conflict of jurisdiction.**
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Request to correct the appeal instruction in ruling P.98/2024 — 13 March 2024
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At the 24 April hearing, the plaintiff’s counsel stated that the correction request sent to Higher Court judge Biljana Lepotić on 13 March had not been answered. The original request allows comparison with that recorded statement and its disputed instruction on legal remedy and date of finality.

We sent Higher Court judge Biljana Lepotić a submission on **13. 03. 2024**, requesting correction of the ruling of the addressed court, **P.98/2024 of 26. 02. 2024**. In it, we set out and explained in detail why we consider that the judge handling the case should correct that ruling’s instruction on legal remedy and its date of finality. Yet, as of today, she has not responded to that submission. Instead, she sent the file to the Basic Court in Novi Sad for further proceedings, together with the ruling declaring a lack of subject-matter jurisdiction, case number **P.97/2024 of 27. 02. 2024**, upon which she placed the wrong date of finality, **20. 03. 2024**.
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Higher Court in Novi Sad P.98/2024 — Judge Dr Biljana Lepotić's ruling on jurisdiction, 26 February 2024
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The 24 April record preserves counsel’s express criticism of Biljana Lepotić’s P.98/24 ruling of 26 February: she disputed the 15-day appeal instruction and the stamp stating finality on 20 March, invoking Article 17(4) of the Civil Procedure Act. These are counsel’s recorded statements; the original ruling provides the document being challenged.

We particularly emphasize that Higher Court judge Biljana Lepotić issued the ruling dated 26. 02. 2024, case number **P.98/24**, upon which she placed a stamp stating that the decision became final on **20. 03. 2024**, although the instruction on legal remedy stated that an appeal against the ruling was permitted to the Court of Appeal in Novi Sad within 15 days of service, through this court. That instruction on legal remedy is wrong: under Article 17, paragraph 4, of the Civil Procedure Act, no appeal is permitted against a ruling by which the Higher Court declares itself to lack subject-matter jurisdiction to proceed further in this legal matter.
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