The most expensive mistake in civil litigation is rarely about the merits. It is about process. Who decides whether a claim can be amended? What authority does a representative actually need to settle a case? And why can not every lawyer appear before Georgia’s highest courts? These questions, deceptively technical at first glance, often decide how a dispute ends.
The Principle of Disposition: Who Actually Controls the Case?
Article 3 of Georgia’s Civil Procedure Code (CPC) places civil litigation firmly in the hands of the parties. They define the subject matter of the dispute and decide, on their own initiative, whether to file a claim. At any stage, they may end the case by settlement, by withdrawing the claim, or by the defendant acknowledging it. The court does not open disputes on its own motion; it operates strictly within the boundaries the parties set.
This has real consequences. How a claim is framed at the outset shapes the entire trajectory of the case. Under Article 83 of the CPC, a claimant may change the basis or subject matter of the claim only before the case’s preliminary preparation stage concludes; afterward, any amendment requires the defendant’s consent. This safeguards equality of arms and the adversarial character of the proceedings.
What Rights Do the Parties Actually Have?
Article 83 establishes general procedural equality: both sides may review the case file, submit evidence, question witnesses and experts, raise motions, and appeal decisions. Special rights depend on each party’s role. A claimant may increase, reduce, or withdraw a claim. A defendant may acknowledge the claim or file objections or a counterclaim. Third parties without an independent claim, under Article 91, enjoy the general rights of a party but cannot exercise dispositive powers – they cannot amend the claim, acknowledge it, or conclude a settlement.
Representation Before the Court
Under Article 93 of the CPC, individuals may conduct proceedings personally or through a representative, while legal entities act through an authorized body or representative. Representation never forecloses personal participation. Article 94 permits attorneys, an organization’s own employees acting within their mandate, a co-litigant, or another capable person to serve as representative. Judges, prosecutors, and investigators are, as a rule, barred from this role.
The Limits of a Representative’s Authority
A power of attorney authorizes a representative to perform procedural acts generally, but Article 98 of the CPC carves out a specific list requiring express, individually stated authority: filing or withdrawing a claim, acknowledging a claim, amending its basis or subject matter, settling, appealing a judgment, submitting an enforcement writ, and receiving property awarded by the court. This protects the client from a representative making irreversible decisions without a clear mandate.
Representation on Appeal and Cassation
Article 440 of the CPC imposes a stricter standard at the higher courts. As a general rule, only attorneys who have passed the bar qualification examination and are members of the Georgian Bar Association may represent parties before the appellate and cassation courts. This ensures that litigants facing the most consequential stages of a case receive qualified legal assistance.
Practical Takeaway
A well-considered strategy at the outset, a precisely framed claim, and a carefully drafted power of attorney often determine the outcome of a dispute as much as the underlying facts. If you are facing civil litigation or need to structure representation before a Georgian court, Nomos Georgia’s Dispute Resolution and Litigation team is ready to advise on strategy grounded in practical experience.
