Filing a Case in Nepal (2026): Civil + Criminal Steps Guide

Filing a case in Nepal is the formal step that converts a grievance into a court proceeding. On the civil side, it means lodging a plaint at the District Court of jurisdiction under the National Civil Procedure Code 2074; on the criminal side, it means lodging a First Information Report (FIR) at the police station or, in private-complaint matters, a complaint petition at the District Court under the National Criminal Procedure Code 2074. Both Procedure Codes came into force on 17 August 2018 (Bhadra 1, 2075 BS) and define how each case must be initiated, what documents must accompany it, what court fees are payable, and how the other side is brought before the court. See Alpine's civil-law practice area for related matters.

This 2026 (2083 BS) practitioner's guide walks through the full filing workflow for the most common case categories — civil money suits, partition, contract enforcement, divorce and family matters, possession suits, criminal complaints, labour and tribunal claims, and constitutional writs. It covers the documents you must assemble, the court fees you must pay, the jurisdiction you must file in, the limitation period you must respect, and the mediation steps that may be triggered before evidence opens.

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What does "filing a case" mean in Nepal?

Filing a case means lodging a formal pleading at the court of jurisdiction so that the court takes cognisance of the dispute and begins the procedural sequence — summons, written statement, mediation (where applicable), framing of issues, evidence, judgment and execution. The pleading is the plaint in civil matters, the charge sheet in state-prosecuted criminal matters, the complaint petition in private criminal matters, the petition in tribunal matters, and the writ petition in constitutional matters. Each pleading category has its own format, supporting documents and court fee schedule.

Filing is the gateway to judicial process. A grievance not formally filed remains a grievance — the court has no jurisdiction to act on it. For most case categories the filing must happen within a statutory limitation period; the right to relief is extinguished if the filing is delayed beyond that period. The procedural detail matters because the court can reject a defective filing at the threshold without ever reaching the merits.

Where do you file a civil case in Nepal?

The District Court is the court of original jurisdiction for most civil cases under the Civil Procedure Code 2074. Which District Court depends on the rules of territorial jurisdiction:

• Contract cases — at the District Court where the contract was made or where it was to be performed, or where the defendant resides.
• Tort claims — at the District Court where the wrong occurred or where the defendant resides.
• Immovable property cases — at the District Court where the property is situated.
• Family matters (divorce, partition, custody, maintenance) — at the District Court where the parties last resided together or where the defendant resides.
• Succession and probate — at the District Court where the deceased ordinarily resided.

Higher-value commercial disputes and certain serious criminal offences may go to the High Court's Commercial Bench or original criminal jurisdiction; specialised tribunals take their own statutory categories. Where multiple District Courts have territorial jurisdiction, the plaintiff may choose; the defendant can challenge the choice if there is a more appropriate forum (forum non conveniens analogy applies but is rarely successful in Nepal practice).

What is in a civil plaint under Section 25?

A plaint under Section 25 of the Civil Procedure Code 2074 must contain: the name, address and citizenship details of the plaintiff and the defendant; the cause of action — the facts giving rise to the legal claim, in chronological order; the dates relevant to the cause of action (date of contract, date of breach, date of marriage, date of death); the prayer / relief sought (specific performance, damages, declaration, injunction, partition, possession, restitution); the valuation of the suit for court-fee purposes; the limitation statement (showing the case is within time); and the verification under oath — the plaintiff or their authorised representative swears that the contents are true to their knowledge.

The plaint must be drafted with precision. Material allegations that the plaintiff intends to prove must be expressly pleaded; matters not pleaded cannot be raised at trial. Conclusions of law (e.g. "the defendant breached the contract") must be supported by the factual allegations from which the conclusion follows. Counsel drafting a plaint at a Nepal law firm typically begins from the document inventory (contracts, correspondence, photographs) and works back to a chronology that maps each fact to a piece of evidence.

How is the court fee calculated?

The court fee for a civil filing is calculated under the Court Fee Act and its schedules. For monetary suits, the fee is ad valorem — a slab percentage of the suit value, typically declining as the value rises (a higher percentage on the first slab, a lower percentage on subsequent slabs). The total fee is the sum across slabs. For non-monetary matters — pure declarations, injunctions, status declarations, writs — the fee is a fixed schedule amount.

The court fee is paid at the time of filing, typically by bank challan to a designated revenue account or directly at the court treasury. The receipt is attached to the plaint. A litigant of inadequate means may apply for waiver or instalment under the in forma pauperis provisions of the Civil Procedure Code 2074 — supported by an affidavit of indigency and any supporting financial evidence. For the schedule and worked examples, see our guide on court fees in Nepal.

What documents must accompany a civil plaint?

Standard supporting documents include:

• Citizenship copies — of the plaintiff (mandatory) and of the defendant where available.
• Power of attorney — where the plaint is filed by an authorised representative on behalf of the plaintiff, with notarial attestation.
• Primary documentary evidence — the contract for contract claims, the title deed for property claims, the court / ward marriage-registration certificate for divorce, the medical report for personal injury, the photographs for nuisance and trespass.
• Correspondence — demand letters, replies, notices that establish dispute chronology.
• Witness list — names of witnesses to be examined and the matters on which their evidence will be led.
• Court fee receipt — bank challan or treasury receipt.
• Verification affidavit — signed before the court Registrar or a notary public.

The court may direct production of additional documents at the framing stage. Originals must be available for inspection by the court and the other side; certified or notarised copies are typically filed at the pleading stage with originals produced at evidence.

How does the court issue summons?

Once the plaint is accepted by the Registrar of the District Court and the court fee is verified, the court issues summons (mvyaad in Nepali) to the defendant. The summons names the case, summarises the claim, and directs the defendant to appear and file a written statement within the time prescribed — typically 21 days from service, extendable for cause. Service is effected through the court process server, by registered post to the defendant's address, or in stubborn cases by publication in a national newspaper.

Defendants abroad — including non-resident Nepalis — are served through diplomatic channels or via publication, with extended timelines reflecting the difficulty of cross-border service. Where the defendant evades service, the court may direct substituted service (affixing notice at the last known address, publishing in newspapers) under the Civil Procedure Code 2074. See our guide for diaspora litigants at filing a case from abroad in Nepal.

How do you file an FIR for a criminal case?

A First Information Report (FIR) is filed at the police station of the place where the offence occurred (jurisdiction-of-the-offence rule). The complainant — typically the victim, a witness or any person with knowledge of the offence — gives a written or oral statement at the police station. The police record the statement in the FIR register, allocate an FIR number, and provide a copy of the FIR to the complainant. The FIR triggers investigation.

For cognisable offences (serious offences listed in the Criminal Procedure Code 2074 schedule — homicide, rape, theft, robbery, kidnapping, organised crime, cybercrime, corruption), the police can arrest the accused without warrant and begin investigation immediately. For non-cognisable offences (lesser offences not in the cognisable list), the police must obtain a District Court warrant before arrest or substantive investigation steps. The schedule of cognisability is a key reference point for both the complainant and the accused.

What is the role of the Attorney General in criminal filings?

The Attorney General of Nepal, established under Articles 157-159 of the Constitution of Nepal 2072, is the chief legal officer of the state and the prosecutor for all state cases. The State Cases Act 2049 (1992) lists the offences that are state cases — homicide, rape, kidnapping, organised crime, corruption, public-property offences. Government Attorneys, working under the Attorney General, review the police investigation file and decide whether to file a charge sheet (abhiyog-patra) at the District Court. The complainant in a state case is a witness; the state is the prosecutor.

For non-state cases (private complaint matters under the Criminal Procedure Code 2074 schedule), the complainant prosecutes through their own counsel. The charge sheet or complaint petition is filed at the District Court along with the witness list, documentary evidence inventory, and the legal characterisation of the offence under the Criminal Code 2074.

How do you file in special tribunals?

Specialised tribunals operate alongside the regular court hierarchy. Each has its own filing rules:

• Labour Court — under the Labour Act 2074. Employment disputes (termination, wages, benefits, harassment) are filed here. Pre-Labour Court conciliation through the Labour Office is often a precondition.
• Revenue Tribunal — under the Revenue Act. Disputes between taxpayers and the Inland Revenue Department on tax assessments and penalties.
• Foreign Employment Tribunal — under the Foreign Employment Act 2064. Disputes involving migrant workers, agencies and the state.
• Debt Recovery Tribunal — under the Banking and Financial Institutions Recovery Act. Disputes between banks and defaulting borrowers above the prescribed monetary threshold.
• Administrative Court — under the Administrative Court Act 2076. Service-rule and administrative-decision challenges by civil servants.
• Special Court — under the Special Court Act 2059. Corruption, money-laundering and certain organised-crime cases.

Tribunal filings follow the petition format prescribed by each tribunal's rules, with case-specific fee schedules. Appeals from most tribunals lie to the High Court or the Supreme Court, depending on the statute.

How do you file a constitutional writ?

A constitutional writ petition is filed under Article 133 (Supreme Court) or Article 144 (High Court) of the Constitution of Nepal 2072, depending on the location of the cause of action and the nature of the relief. The petition is drafted in the petition format prescribed by the Supreme Court Rules or the High Court Rules, setting out: the petitioner's locus, the respondent (the state authority or person whose act is challenged), the legal injury or fundamental-rights violation, the specific writ sought (habeas corpus, mandamus, certiorari, prohibition, quo warranto), and the relief.

Court fees on writ filings are fixed schedule amounts — typically lower than ad valorem civil fees because writs are not monetary claims. Time-bar considerations differ from civil suits — habeas corpus and certain mandamus petitions have no strict limitation, while certiorari petitions are subject to a doctrine of laches (unreasonable delay can bar relief). See our deeper guide on writ procedure in Nepal.

What limitation periods apply to civil filings?

Limitation periods are statutory time-bars on bringing a case. Standard civil categories under the Civil Code 2074:

• Contract claims — 2 years from breach (Section 544).
• Tort claims — 1 to 3 years depending on category, from the date of the wrong or its discovery.
• Land-recovery claims — longer periods, often 35 years or more, depending on the right asserted, under the Land-Related Act and the Civil Code 2074.
• Partition claims — generally no strict limitation among joint-family members, but possession-based defences (adverse possession) accrue.
• Divorce — depends on the ground (the limitation runs from the date the ground became known to the spouse).
• Negotiable instruments (cheque bounce, dishonour) — special limitation under the Negotiable Instruments Act.

Limitation must be checked before filing. Filing outside the period is barred regardless of merit unless extension grounds apply (concealment, minority, mental incapacity, fraud, acknowledgement of debt). The plaint must contain a limitation statement showing the case is within time.

How is mediation referred under the Mediation Act 2068?

Mediation is court-annexed under the Mediation Act 2068 (2011) and the Civil Procedure Code 2074. After the defendant files the written statement, the District Court refers the matter to a mediator from the court-empanelled list. The mediator convenes sessions where both parties (with or without counsel) negotiate a settlement. Successful mediation produces a settlement that the court records as a consent decree — enforceable like any court decree. Failed mediation returns the matter to the litigation track.

Some commercial contracts require pre-litigation mediation as a contractual precondition; some statutes require mandatory pre-filing conciliation (e.g. Labour Act conciliation through the Labour Office before Labour Court filing). Counsel evaluates the mediation strategy before filing — whether to file straight, file with a strong opening offer, or attempt pre-filing mediation. See our mediation guide for the full procedure.

Is e-filing available at Nepali courts?

E-filing is progressively rolling out across Nepali courts. The Supreme Court of Nepal supports electronic filing of writ petitions and certain appellate filings through its official portal at supremecourt.gov.np. Registered users (typically Nepal Bar Council advocates) can submit pleadings, pay court fees through approved electronic gateways, receive notices and check case status online. Several High Courts have followed; District Courts are progressively digitising through the Integrated Court Case Management System.

E-filing reduces physical visits for routine paper movement but does not replace physical attendance for evidence-taking, framing of issues, and judgment pronouncement. For NRN litigants and others abroad, the combination of e-filing and a power of attorney to a Nepal-based representative makes cross-border litigation practical.

How can Alpine Law Associates help with filing a case?

Alpine Law Associates handles filing across all four pathways. Our civil team drafts plaints under the Civil Procedure Code 2074 — money suits, contract enforcement, partition, divorce, possession, declaratory relief, injunctions — with the supporting affidavit, court fee calculation, document inventory, and limitation analysis. Our criminal team handles FIR registration support, charge sheet review, complaint petitions, and bail applications under the Criminal Procedure Code 2074. Our tribunal team files at the Labour Court, Revenue Tribunal, Foreign Employment Tribunal and Debt Recovery Tribunal; our writ team drafts and files petitions at the Supreme Court (Article 133) and the High Court (Article 144).

We also handle the strategic decisions surrounding the filing — choice of forum, framing of relief, valuation for court-fee purposes, sequencing of mediation and litigation, and coordination with parallel commercial or regulatory steps. As a full-service law firm in Nepal, we align litigation with the client's underlying business, family or constitutional objectives — so each filing serves the broader strategy, not just the immediate procedural step.

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Last reviewed: April 2026