The civil procedures in Bhutan are a structured process designed to ensure fair resolution of disputes while upholding the nation's cultural emphasis on harmony and mediation. Bhutan’s legal framework for civil cases is primarily governed by the Civil and Criminal Procedure Code of Bhutan 2001 and the Alternative Dispute Resolution Act of Bhutan 2013, which outline a systematic process for handling civil disputes within the judiciary. This procedural approach aims to balance Bhutan's preference for peaceful resolution with a rigorous legal structure that upholds due process, justice, and transparency.

Civil cases in Bhutan typically begin with mediation as an alternative to court proceedings. Mediation reflects Bhutan's cultural values and offers an opportunity for disputing parties to come to a mutual agreement without prolonged litigation. Court-appointed mediators, who may include respected members of the community, facilitate this process to help both parties reach a voluntary and amicable settlement. If mediation succeeds, the parties formalize the agreement in writing and present it to the court, where it is endorsed as legally binding. However, if mediation is unsuccessful, the case is escalated to formal litigation in the civil court, initiating a sequence of hearings and evidence presentations that ensure a fair and detailed adjudication process. Below is a comprehensive guide to the stages of civil proceedings in Bhutan, each with a unique role in the judicial process.

Preliminary Hearing
The Preliminary Hearing is the initial formal stage in the court’s civil procedure. It establishes the foundation for the entire case and ensures that both parties are fully informed of their rights, obligations, and the judicial process. At this stage, the court summons both parties to appear in person and explains its authority to adjudicate the case. During this hearing, the court emphasizes several key principles:

• Truthfulness Requirement: Both parties are obligated to provide truthful information. Bhutanese law mandates honesty and accuracy in all statements and documentation submitted to the court. Misleading or false information can lead to penalties, ensuring the integrity of the judicial process.
• Expedited Proceedings: The court assures the parties that the process will be conducted in an efficient and timely manner, reducing unnecessary delays.
• Due Process and Impartiality: The court highlights essential principles such as equal justice, an open trial, impartiality, and non-interference. These principles form the foundation of Bhutanese civil proceedings and help ensure that both parties are treated fairly.
• Consequences for Misconduct: The court clearly outlines the consequences for contempt of court, failure to attend hearings, and perjury. This serves as a warning and encourages respect for the judicial process.
• Right to Legal Representation (Jabmi): Both parties have the right to a legal representative, known as a Jabmi. The court provides a list of licensed Jabmis, allowing the parties to select qualified counsel if they wish. This right ensures that individuals are represented by professionals who understand Bhutanese law.
• Alternative Settlement Options: The court explains the possibility of abandoning the lawsuit or pursuing a mutual settlement at any stage of the proceedings. This reinforces Bhutan's emphasis on reconciliation and encourages parties to resolve their disputes without a full trial if possible.

Opening Statement
In the Opening Statement stage, the court officially begins examining the issues of the case. Both parties present their initial arguments and provide the court with their respective opening statements. During this phase:

• Review of Case Issues: The court reviews the core issues in the case, ensuring both parties have a clear understanding of what is being disputed.
• Submission of Depositions and Evidence: The parties are required to submit their initial depositions, relevant documents, and any Jabmi forms. This step lays out the foundation for each side’s arguments and evidence, allowing the court to proceed with a structured approach.
• Outline of Arguments: Both parties articulate their main arguments, providing the court with an overview of their positions. This stage enables the judge to identify the key points of contention and set the direction for the subsequent phases.

Rebuttal
After the opening statements, the Rebuttal stage allows each party to respond to the issues and arguments raised by the opposing side. The rebuttal phase is crucial for clarifying misunderstandings and challenging the assertions made by the other party. Key activities in this stage include:

• Counterarguments: Each party presents counterarguments to the other’s claims, addressing any inaccuracies or misinterpretations.
• Refinement of Issues: By clarifying their positions, both sides narrow down the focus of the case, helping the court understand the specific areas of disagreement.
• Strengthening Arguments: This stage allows parties to further substantiate their arguments, either by pointing out flaws in the opposition’s case or by reinforcing their own evidence.

Evidence/Witness/Exhibit
The Evidence/Witness/Exhibit stage is a vital part of the civil proceeding, as it involves the submission and presentation of concrete evidence to support each party’s claims. This stage is governed by stringent rules set forth in the Civil and Criminal Procedure Code of Bhutan 2001, ensuring the reliability and relevance of the evidence presented. Key components of this stage include:

• Submission of Evidence: Both parties submit their evidence, including physical exhibits and documents that support their claims. The court reviews each piece of evidence to confirm its admissibility.
• Witness Testimonies: Witnesses play a crucial role in substantiating facts. Each party may call witnesses to testify on their behalf, providing first-hand accounts that strengthen their case.
• Examination of Exhibits: Physical exhibits, if any, are presented to the court. These may include contracts, documents, or other tangible items relevant to the dispute.

Independent Testimony
In cases where additional, unbiased perspectives are needed, the court may seek Independent Testimony from individuals not directly involved in the case. This stage helps provide a clearer understanding of the facts, especially when key details are in dispute.

• Objective Insights: Independent witnesses offer objective insights, often helping the court gain a broader perspective on complex issues.
• Corroboration of Facts: Their testimonies may corroborate (or contradict) the statements made by the primary witnesses, enhancing the overall accuracy of the information presented to the court.

Cross-Examination
The Cross-Examination phase enables each party to question the witnesses presented by the opposing side. Cross-examination is a critical part of the judicial process, as it helps assess the credibility and reliability of each witness’s testimony.

• Testing Credibility: Cross-examination allows each party to challenge the accuracy and honesty of the opposing party’s witnesses.
• Clarifying Statements: This process helps clarify ambiguous statements, ensuring that all facts are thoroughly explored and understood by the court.
• Assessing Reliability: Through questioning, the court gains a better understanding of each witness's reliability, allowing it to weigh the evidence accordingly.

Judicial Investigation
In cases requiring further scrutiny, the court may conduct a Judicial Investigation. This stage is particularly useful for complex cases where the available evidence is insufficient or ambiguous.

• In-Depth Inquiry: The court may initiate an independent investigation, gathering additional information to clarify the case.
• Fact-Finding: Judicial investigation aids in uncovering any hidden or overlooked facts, providing a comprehensive understanding of the dispute.
• Ensuring Fairness: By investigating directly, the court ensures that all pertinent information is available for a just decision.

Closing Statement
The Closing Statement phase allows each party or their Jabmi to summarize their arguments and evidence. This is the final opportunity for both sides to make their case before the court reaches a judgment.

• Summary of Arguments: Both parties provide a recap of their main arguments, highlighting the evidence and testimonies that support their claims.
• Final Remarks: Parties may make final remarks, addressing any unresolved issues or emphasizing key points.
• Confirmation of Issues: The court verifies that all issues have been addressed and reminds the parties and Jabmis of their duty to maintain professional confidentiality.

Award of Judgment
The final stage in the civil procedure is the Award of Judgment. In this phase, the court delivers its decision based on a thorough analysis of the evidence, testimonies, and legal arguments.

• Detailed Ruling: The judgment outlines the court’s findings, conclusions, and the operative parts of the decision, specifying the obligations of each party.
• Enforcement: The court informs the parties about enforcement procedures and the penalties for non-compliance.
• Public Posting: In the interest of transparency, the judgment may be published on the judiciary’s official website, allowing the public to view the court’s decision.

Alternative Dispute Resolution (ADR) and Settlement Options
Throughout the judicial process, parties are encouraged to explore Alternative Dispute Resolution (ADR) methods, such as negotiated settlements. According to the Alternative Dispute Resolution Act of Bhutan 2013, any settlement reached through ADR must be voluntary and legally compliant. Settlements offer a way to resolve disputes without prolonged litigation and can be pursued at any stage of the proceeding. If an agreement is reached, the court issues a judgment based on the settlement terms, concluding the case.

Special Judgments: Summary and Default Judgments
Bhutanese courts can issue Summary Judgments and Default Judgments under specific conditions. A summary judgment is requested when one party believes the case can be resolved without a full trial, expediting the resolution process. In contrast, a default judgment may be awarded if one or both parties fail to appear in court or cannot be located, allowing the court to make a ruling based on available information.

Appeals
Parties dissatisfied with a judgment have the right to appeal to higher courts. This right to appeal is embedded in Bhutan’s legal framework and is governed by the Civil and Criminal Procedure Code of Bhutan 2001 and the guidelines in the Bench Book for Judicial Process, ensuring a thorough review of the lower court’s decision.

Conclusion
Bhutan’s civil procedure provides a structured and fair process for resolving disputes while honoring the country’s emphasis on harmony and reconciliation. The stages—from preliminary hearings to the award of judgment—reflect Bhutan’s commitment to justice and transparency, offering individuals and businesses a clear path to legal recourse within a culturally respectful framework.