Filing a case in Bangladesh can be overwhelming. However, it becomes simpler with the knowledge of the standard steps. This is done by going to the appropriate court. You will be required to prepare certain legal documents. If it is severe, you may even need to contact a lawyer. Knowing these basic steps is the initial step in achieving justice.
Legal Advice BD is here with a comprehensive guide on how to file a case in Bangladesh! Keep reading!
What Factors Should You Consider Before Filing a Case in Bangladesh?
Do You Have a Strong Case?
First, be extremely honest with yourself. Do you have strong evidence? This involves documents, photos, videos, or witnesses. The court rules on the basis of evidence. Your case will be weak in case you have weak proof.
Discuss with an attorney to know your winning chances. They are able to advise you whether your complaint is acceptable under the laws of Bangladesh. For more guidance, consider speaking with a litigation lawyer in Bangladesh
The Cost of a Case
Lawsuits are expensive. You must consider the costs. This is the cost of your lawyer, the court filing, and paperwork. Cases can take many years. The expenses will accumulate in the long run. Also, think about your time.
You will have to appear in court for hearings. This consumes work or family time. Prepare yourself to commit to this.
Time Involved
The Bangladesh court system is usually slow. A simple case can take months. A complicated case may take years. You need patience. Questions to consider are whether you are prepared to go through a long process. At times, the delay may be irritating and can be unjust.
If you’re dealing with criminal matters, it’s important to avoid procedural errors early on. Read this article on mistakes to avoid for a successful bail hearing to understand better how delays or missteps can impact outcomes.
Exploring Other Options
The last thing should be to go to court. First, can you work the problem in some other sense? Are you able to speak straight to the other person? Perhaps mediation can resolve the dispute.
It is where an impartial individual assists you in the mutual agreement. This is quicker, less expensive, and not as stressful as a court case.
For family matters, such as divorce or custody, sometimes alternative dispute resolution works better. Learn about child custody after divorce in Bangladesh to see how these issues are handled both in and outside court.
Potential Outcomes
Consider what you would like to do. Is the other person going to give you what you want, even in case you win? Take a case in point, are they able to pay you back when you win a money claim?
It does not always matter when you win the case to get the result that you desire. An attorney can give you an idea of what a plausible result would be.
How to File a Case in Bangladesh: Explained
Talk to a Lawyer
This is a very important initial step. The legal system is complex. A good lawyer will hear your issue. He or she will inform you whether you have a case or not under Bangladeshi law. They will tell you how you are likely to win. They will also advise you on the court to attend. Do not try to do this alone.
To understand the role of legal support in more detail, check out the role of a civil litigation lawyer and how they can guide your case strategy.
Find the Right Court
There are various courts in Bangladesh. You have to submit your case in the right one. This depends on two things:
- Location where the Problem Occurred: This is the physical location that a court is in charge of.
- Matter of the Case: Different courts deal with different matters. An example of this is that money cases are taken to a civil court. Criminal courts receive a criminal complaint. Family courts are where family matters are taken. Your attorney will assist you in identifying the correct court to bring your case.
If your case involves a government agency or fundamental rights, you might need to file a writ. Here’s a helpful guide on how to file a writ petition in Bangladesh.
Get Your Petition or Plaint Ready
It is the key document that initiates your case. It is a written complaint. You have to tell your complete story in it. This shall be drafted by your attorney. It must include:
- Your name and address.
- Name and address of whom you are suing (the defendant).
- Important facts regarding your problem.
- Duration of your problem
- What you are requesting the court to do (your prayer for relief).
This report should be highly precise and formal. If you’re unsure what kind of petition applies, read our guide on types of writ petitions in Bangladesh to get clarity on structure and format.
Gather Your Evidence
You must have evidence to back up your case. Start collecting it early. Evidence can be:
- Papers like contracts, deeds, or money receipts.
- Photographs or videos.
- Text messages or emails.
- Name and addresses of individuals who witnessed what has occurred (witnesses).
Your attorney will inform you of the type of evidence that is strong in court.
Also, take note that your case could impact future legal records or compliance. Business owners especially, should review common legal issues for businesses in Bangladesh if your matter relates to commercial affairs.
Pay the Court Fees
You have to pay a court fee to file your case. This will vary according to the kind of case and the worth of your claim.
As an example, a case involving a lot of money will attract a higher fee. The right fee will be calculated by your lawyer. You will pay it at the cash counter of the court.
File Your Case in Court
Your lawyer will now present your plaint and the fee receipt in court. They will file all that to the relevant office (the court clerk). The documents will be checked by the clerk. Provided that there is nothing wrong, they will pull up your case.
This implies that they assign it a formal number. This figure is what is used to trace your case throughout. You may also want to know how to file anticipatory bail in Bangladesh if you’re concerned about potential arrest during a legal dispute.
The Court Process Begins
A summons will be issued by the court following the filing. It is a court notice being issued to the defendant. It directs them to appear in court and answer your complaint. The court will then fix hearing dates.
Be there at such hearings with your lawyer. The judge will hear both parties, review the evidence, and then decide.
Read More: 5 Factors Considered by the Court for Anticipatory Bail
Conclusion
Filing a case in Bangladesh may appear challenging. However, having the basic steps in mind helps a great deal. Keep in mind that the first thing to do is to speak to an attorney. They know the law and can advise you the right way. They will take care of the paperwork hassles. The court system is something you can work through with the right legal assistance. This is how you should pursue justice for your problem. Never attempt to do it all by yourself.
Hopefully, you understood how to file a case in Bangladesh. Contact Legal Advice BD if you require any help!