In partnership with the Lawyers’ Committee for Human Rights YUCOM, MDTF-JSS had prepared the Guide for Exemption from Court Fees: Court Fees in Civil Proceedings and How to Dispense with Payments.
The Guide for Exemption from Court Fees is intended for the parties (plaintiffs and respondents) in civil proceedings. The Guide shows the basic costs of the civil proceedings in a simple manner, provides instructions on how they are determined, what are the payment deadlines, as well as what are the consequences in case of refusal to pay these costs. In this way, the party can perceive the possible consequences on its property status of conducting these proceedings and have a basis for a more rational understanding of the decision and the manner of conducting the dispute.
The main objective of the Guide is to improve financial access to justice and to instruct material disadvantaged individuals how to use the right to exemption from court fees. When drafting a Serbian Judicial Functional Review in Serbia for 2014, the MDTF in Serbia points out that those individuals with lower incomes are discouraged from the court due to costs, so exemption from paying a court fee may be crucial to enable them access. Especially in labor disputes, where it comes to back wages, exemption from paying a court fee may be decisive whether a person will continue with his or her request or not. However, the general public has rather limited understanding of the option of exemption from paying the court fees and therefore many potential beneficiaries did not continue to pursue their right, because they are unaware that they can have this possibility.
First of all, information and instructions are given on how the party can be exempt from paying court fees, presenting the type of exempt of fees applied in practice.
The Guide provides practical models of exempt from paying court fees, although the cases of exemption from all costs in civil proceedings are rare being the condition for getting the pro bono representation.
