Civil Procedural Responsibility of the Judicial Assistant in the Light of the Iraqi Legislation (An Analytical Study)
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Abstract
The Procedures Law establishes some judicial procedures that must be followed when proceeding with the case, starting from the moment it is filed and ending with the issuance of the judgment in it. procedural and the liability that arises as a result of a breach of the procedures, and accordingly it can be said that the judicial assistant if he refrains from carrying out the duties that are required of him under the procedural laws related to the course of the case, this will be a reason to raise his procedural civil liability if this causes harm to one of the parties to the case, and the procedural acts Which is assigned to the judicial assistant may lead to raising his legal responsibility when he violates the procedural rules that determine the conditions for the existence and validity of the judicial procedure, and the liability resulting from the error in the procedure is not free to be civil, disciplinary or penal, and may combine in the procedural error more than one type of responsibility, In this way, procedural civil liability is compensation for procedural damage resulting from a mistake committed by the judicial assistant