Civil Procedure Code at Marshall Islands

19 Apr 2025 --
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In the Republic of the Marshall Islands, civil litigation is governed by the Rules of Civil Procedure, which were originally effective on February 4, 2004, and amended on February 10, 2005. These rules provide a comprehensive framework for the conduct of civil actions in the courts of the Republic. (MARSHALL ISLANDS)

📘 Overview of the Rules of Civil Procedure

The Rules of Civil Procedure in the Marshall Islands are modeled after the Federal Rules of Civil Procedure of the United States, with adaptations to suit the local legal context. They are designed to ensure the just, speedy, and inexpensive determination of every action. The rules apply to all civil actions in the courts of the Republic, except where otherwise specified. (MARSHALL ISLANDS)

⚖️ Key Provisions

Rule 1: Scope and Purpose of Rules
These rules govern procedure in the courts of the Republic in all actions of a civil nature, whether cognizable as cases at law or in equity or admiralty. The rules are to be construed to secure the just, speedy, and inexpensive determination of every action. (MARSHALL ISLANDS)

Rule 2: One Form of Action
There shall be one form of action to be known as a "civil action." (MARSHALL ISLANDS)

Rule 3: Commencement of Action
A civil action is commenced by filing a complaint with the court. (MARSHALL ISLANDS)

Rule 4: Summons
Details the procedures for issuing and serving a summons, including service upon individuals, corporations, and the Republic or its agencies. (MARSHALL ISLANDS)

Rule 5: Serving and Filing Pleadings and Other Papers
Specifies when service is required, methods of service, and the filing of documents with the court. (MARSHALL ISLANDS)

Rule 7: Pleadings Allowed; Form of Motions
Outlines the types of pleadings allowed and the form of motions in civil actions. (MARSHALL ISLANDS)

Rule 16: Pretrial Conferences; Scheduling; Management
Allows the court to direct parties to appear before it for conferences to expedite the disposition of the action and facilitate settlement. (MARSHALL ISLANDS)

Rule 56: Summary Judgment
Provides the procedure for a party to move for summary judgment, allowing for the resolution of a case without a trial if there is no genuine issue of material fact.

Rule 60: Relief from Judgment or Order
Allows a party to seek relief from a final judgment or order for reasons such as mistake, newly discovered evidence, fraud, or other justifiable reasons. (MARSHALL ISLANDS)