How are civil proceedings commenced?
Depending on the type of claim, civil proceedings are commenced by either having a bailiff serving a writ of summons to the other party, or by a party the filing of a petition with the court. The law specifies which type of case requires the filing of a petition. In areas where the law is silent, the case will have to be brought by means of a writ of summons. Examples of procedures that have to be commenced through a petition are family-related disputes (with the exception of divorce cases) and the rescission of a labour agreement. However, if a party makes the wrong choice when filing its case, article 69 of the DCCP allows the court to permit the party to correct such mistake. A writ of summons has to be served by a bailiff on the other party. A petition, however, is filed directly with the court. The procedure is considered to be pending as of the moment the bailiff served the writ of summons, or in the event of a petition, the moment the petition is received by the court. In order
