As an owner, and regarding the business I used to run in Macedonia. I am in a case where the plaintiff is very well connected politically. I am trying to postpone the judgement and ask for a change of the judges panel that I believe is corrupt. There has been corruption in this case at many levels (within the business itself since the start of the procedure, and within the justice system). What would be a good option to delay a ruling or manage to change the judges in this case? I am looking for a second opinion.
thank you for contacting us. Regarding your attempts to postpone the judgment and change of the judicial panel, whether it is possible or not depends on many circumstances of your case. In order to be able to give you proper legal advice on this issue, we need more information about it. This information include, but is not limited to which law has been allegedly violated (according to the plaintiff), all the evidence in the case (plaintiff’s and yours), why do you assume that there is corruption in the case, the relation between you and the plaintiff before the start of the court procedure, and any other information that could be useful for us to get the whole picture about your case.
Since you’ve mentioned that your case is related to a business that you have run in Macedonia, we guess that this is a civil case. According to Article 64 of the Law on Civil Procedure, a judge can be exempted under several circumstances. One of them is existence of circumstances that puts judges’ impartiality in doubt. Whether or not some circumstance can be considered as something that puts judges impartiality in doubt depends on each individual case. We could advise you on this once we get familiar with it.
It is very important to note that the request for exemption of judge can be submitted until the end of the trial. In cases in which there is no trial, the request can be submitted until the decision is made. Requests submitted later than that will be rejected.
Regarding delay of ruling, in general it’s not possible to delay it once the trial has finished. In case it hasn’t finished yet, there are ways to make the trial last longer, but they depend on each individual case and we can’t advise you on that until we get familiar with the case. However, once both sides have presented their allegations and closing arguments, the ruling can’t be delayed.
For presenting us your case feel free to contact us by phone on +389 2 32 17 000 or by email on firstname.lastname@example.org. If you contact us by mail please attach all relevant documents about the case and we will get back to you as soon as possible. Our legal advice is free of charge.
Transparency International – Macedonia