1. Civil / Matrimonial / Juvenile Cases ======================================= 1.1 Application for Divorce or Separation/Application for Execution ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Presentation of plaint/application /petition at the registry by the plaintiff/applicant /petitioner. 2. Court clerk presents the pleadings to magistrate in charge. To-Be Process ------------- 1. Applicant submits petition/ application for execution to the magistrate in charge at the registry. 1.2 Admission of Application/Application for Execution ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate In charge scrutinizes the correctness of the petition/ application for execution. 2. Magistrate In charge admits, returns or rejects the presented petition/ application for execution. 3. Magistrate In charge submits the pleadings to court clerk for registration and assessment of court fees, if the pleadings are admitted. 4. The court clerk returns the petition/ application to the authors for amendment, if the pleadings are rejected by the Resident Magistrate in charge. To-Be Process ------------- 1. Magistrate In charge scrutinizes the correctness of the petition/ application for execution. 2. Magistrate In charge admits, returns or rejects the petition/ application for execution. .. note:: * Instant feedback is given to the applicant/petitioner in case of rejection or return. 1.3 Assessment and Payment of Court Fees ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk assesses fees for the admitted petition/ application as per court fee rules. 2. Court clerk generates a control number for respective fee to the plaintiff/applicant/petitioner for payment. 3. plaintiff/applicant/petitioner submit payment receipt to court clerk. 4. Court clerk/accountant issues ERV receipt to the plaintiff/applicant/petitioner. To-Be Process ------------- 1. Court clerk confirms court fees. 2. Court clerk presents a control number for respective fee to the applicant/petitioner for payment. 1.4 Case Registration ~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk registers the case in the register book. 2. Court clerk opens a respective civil case file. 3. Court clerk files a copy of ERV receipt or payment receipt in the case file. 4. Court clerk tables the civil case file to the magistrate in charge for assignment. To-Be Process ------------- 1. Court clerk confirms payment and registers the case. .. note:: * Instant feedback is given to the applicant/petitioner after registration. 1.5 Case Assignment ~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate in charge of the resident magistrates’ court assigns the case file that was registered in the resident magistrate register to a particular magistrate at the resident magistrate court. 2. Magistrate in charge of the resident magistrates’ court may assign the case file that was registered in the district register to a magistrate at the district court. 3. Magistrate in charge returns the civil case file to court clerk to present to the assigned magistrate for orders. 4. Assigned magistrate fixes date for hearing and orders the issuance of summons and pleadings to the opposite party. To-Be Process ------------- 1. Automatic assignment based on workload per magistrate with intervention of the magistrate in charge. 2. Assigned magistrate fixes a date for hearing. 1.6 Issuing of Summons to Appear ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk prepares court summons for the respondent/defendant. 2. Court Clerk tables the prepared summons for endorsement by the assigned Magistrate. 3. The summons served to the opposite party (by court process server). 4. Court process server swears an affidavit of service. To-Be Process ------------- 1. Court clerk extracts summons for electronic and physical dispatch. 2. On the date of first hearing/mention, the applicant submits at the registry original hard copy of the application/petition. 1.7 Preliminary Stages ~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. The opposite party files a reply to pleadings within 21 days from the date of service. 2. The plaintiff/applicant/petitioner files a reply to the reply within 7 days. To-Be Process ------------- 1. The opposite party submits a reply to pleadings within 21 days from the date of service 2. The plaintiff / applicant/ petitioner submits a reply to the reply within 7 days 1.8 Hearing Process ~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate hears preliminary objections if any. 2. Magistrate conducts pre-trial conference (PTC). 3. Trial Magistrate, through the court clerk, forwards the case file to the Resident Magistrate in charge to appoint a mediator. 4. Resident Magistrate in charge appoints a mediator and through the court clerk, forwards the case file to the appointed mediator. 5. The appointed mediator fixes a date for mediation. 6. In case the conducted mediation succeeds, case is concluded, if not, the case file through the court clerk will be forwarded to the trial Magistrate for hearing. 7. Magistrate conducts second pre-trial conference (2nd PTC). 8. The trial Magistrate fixes a date for hearing. 9. The trial Magistrate hears the plaintiff/applicant/petitioner. 10. The trial Magistrate then hears the defendant/respondent’s side. 11. The plaintiff/applicant/petitioner files final submission. 12. The defendant/respondent’s side files final submission after receiving the final submission by plaintiff/applicant/petitioner. 13. The trial Magistrate fixes a date for Judgment/Ruling. .. note:: Juvenile Cases 1. After the closure of the defense case, the community services officer submits in court his or her report (social enquiry report). To-Be Process ------------- 1. Magistrate hears preliminary objections if any (through virtual court where applicable). 2. Magistrate conducts pre-trial conference (PTC). (through virtual court where applicable). 3. Trial Magistrate submits the case file to the Resident Magistrate in charge to appoint a mediator. 4. Resident Magistrate in charge appoints a mediator and submits the case file to the appointed mediator. 5. The appointed mediator fixes a date for mediation. 6. After mediation, mediator submits the file to the trial magistrate/resident magistrate in charge depending on the outcome of mediation. 7. Trial Magistrate conducts second pre-trial conference (2nd PTC) (through virtual court where applicable). 8. The trial Magistrate fixes a date for hearing. 9. The trial Magistrate hears the plaintiff/applicant/appellant/petitioner (through virtual court where applicable). 10. The trial Magistrate then hears the defendant/respondent’s side. (through virtual court where applicable). 11. The plaintiff/applicant/appellant/petitioner submits final submission. 12. The defendant/respondent’s side submits final submission after receiving the final submission by plaintiff/applicant/appellant/petitioner 13. The trial Magistrate fixes a date for Judgment/Ruling .. note:: Juvenile Cases * After the closure of the defense case, the community services officer submits in court his or her report (social enquiry report). 1.9 Issuing of Judgment/Ruling ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. The trial Magistrate pronounces Judgement/Ruling. 2. Court clerk/trial Magistrate extracts a decree from the Judgment. 3. Court clerk supplies copies of judgment, proceedings and decree to the litigants within 21 days from the date of judgment. .. note:: A. In case of Ruling on execution 1. Magistrate issues an attachment order and appoints a court broker. 2. Court broker fixes a date for sale or division as ordered 3. Court broker executes the order. 4. Court broker submits inventory to court. B. Juvenile Case * Magistrate pronounces judgement/order. C. Matrimonial Case * Court broker is appointed with a view of dividing matrimonial assets to the spouses or attach for sale and divide proceeds of sale among the spouses as per court order. To-Be Process ------------- 1. Magistrate Pronounces Judgment/ruling (through virtual court where applicable). .. note:: In case of ruling on execution 1. Magistrate issues an attachment order and appoints a court broker. 2. Court broker fixes a date for sale or division as ordered 3. Court broker submits inventory to court. 1.10 Suo Moto ~~~~~~~~~~~~~ As-Is Process ------------- 1. Magistrate in charge may on his/her own accord call for lower courts’ records and revise the same. 2. Court clerk opens and registers a revision file. 3. Court clerk tables the revision file before the resident magistrate in charge for orders. 4. Magistrate in charge gives necessary orders. 5. The original file is returned to the magistrate in charge of the lower courts for execution of the revision orders. To-Be Process ------------- 1. Magistrate in charge may on his/her own accord view and peruse lower court records for purposes of revision. 2. Magistrate in charge may request the case file from the lower court for revision purpose. 3. Magistrate in charge registers a revision file. 4. Resident magistrate in charge gives necessary orders and submits to the intended lower court for execution of orders.