marTlmsajuleba kanoni
marTlmsajuleba kanoni
marTlmsajuleba kanoni
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<strong>marTlmsajuleba</strong><br />
N4<br />
da<br />
<strong>kanoni</strong><br />
Results<br />
of Not Filing<br />
the Response<br />
(Objection)<br />
PRIDON BASILAIA<br />
Assistant Professor at<br />
Kutaisi Ak. Tsereteli State University<br />
According to Article 232 1 of the Civil Procedure Code of Georgia if the<br />
failure of the defendant to file a response (objection) within the term specified<br />
in Subparagraph 2, Article 201 of this Code is due to an invalid reason the<br />
judge issues a default judgment without an oral hearing. Besides, if the facts<br />
indicated in the action justify the claim, the judge will satisfy the claim. If not,<br />
the court appoints a main session about which the parties are notified according<br />
to Article 70-78 of the Code. In case of holding the session no evidences<br />
from the defendant are received and the court will hear only the defendant’s<br />
legal opinions concerning the claim.<br />
According to the first sentence of Article 232 1 of the Civil Procedure Code<br />
of Georgia, if the failure of the defendant to file a response (objection) within<br />
the term specified in Subparagraph 2, Article 201 of this Code is due to an<br />
invalid reason the judge shall issue a default judgment without an oral hearing.<br />
In case the objection is not filed due to an invalid reason the underlying<br />
assumption is that the defendant admits the facts indicated in the action. In<br />
such a case issuing a default judgment does not contradict the principles of<br />
adversary and equality of the parties because the defendant, when accepting<br />
the claim with the enclosed materials, is presented with all the opportunities<br />
to disproof the claims made against him by the plaintiff within the term defined<br />
120
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