Litigation in Slovakia
Slovakia is a relatively new country. While the people have a deep history, its constitution became only effective in 1993. And so I was curious about how the government set up and administers a system for the resolution of commercial disputes that functions for its people and conforms to the expectations of a member of the European Union. So I was very excited to speak with Daniela Ježová, an attorney in Bratislava, to learn more.
Why should you continue reading this post about litigation in Slovakia?
You’re hoping to see some “z”s with semicircles above them.
You want to invest in the fast-growing Slovak economy, but want to know what to expect if your business partners sue.
You’re my friend and want to support me by reading stuff I work on, no matter what the subject is, and by coincidence this happens to be interesting.
Daniela Ježová is an attorney in Bratislava.
Can you tell me about the kinds of disputes you handle in your legal practice?
Our law office deal with civil law disputes - ownership and co-ownership relations, inheritance disputes, contract dispustes and family law disputes.
What type of clients do you generally represent in disputes?
Our law office represents small and medium businesses and individuals.
Besides Microsoft Office, what software do you use in your practice?
We use mostly Microsoft, and our CMR system.
What books and websites do you use for legal research?
We use legal books n relevant topic we need to, we also use search webpage for court jurisprudence and case law.
Image credit: https://en.wikipedia.org/wiki/Supreme_Court_of_the_Slovak_Republic#/media/File:Najvyšš%C3%AD_súd.jpg
Do you electronically file pleadings with the court? Or must you send paper copies of them to the courthouse?
Based on the Act No. 305/2013 Coll. on e-Government we are obliged to file all communication with courts only electronically using this website.
Does Slovakia have specialized courts that only hear commercial cases?
Yes. After the recent judicial reform, Slovakia has specialized courts.
In Bratislava the courts are all specialized, and in other cities there are specialized courts for certain areas. For example, the district court in Banska Bystrica deals with all commercial cases for the region, which includes 13 districts.
Who decides the facts in a commercial case? Is it a judge or a jury?
The judge decides. We do not have jury system.
Generally speaking, how many pages are the complaints or initial pleadings you see in your work?
Every application is drafted individually, generally speaking it is between 3-25 pages roughly. Application or court documents are not available publicly. Only the court decisions are.
Generally speaking, how long does it take for a case to go from complaint to judgment?
In more complex cases, it can take several years, for example, when an expert opinion is needed. In simple cases it takes several months.
Generally speaking, how is evidence exchanged between the parties before trial?
Each party provides evidence to the court and the court delivers it to opposite party for statement. We have principle of concentration, which means there is limited time for providing evidence and later provided evidence the court will not consider.
Do you get to interview the opposing witnesses before the trial?
We do not question opposing witnesses before trial. The parties to the dispute shall have the right to be informed of the opposing party's pleadings, submissions and evidence and may express their views thereon.
If you win, does the other side reimburse your attorneys’ fees?
If we are successful in the dispute litigation, the court will order the opposing party to reimburse the legal costs.
Are the Slovak courts open to the public? Can ordinary people watch a commercial trial?
Yes, Slovak courts are open to the public. The principle of public access to court proceedings applies.
In general, court hearings must be open to the public, which means that they must be accessible to the public and the media. However, in specific cases (to protect public health, morals, safety or other interests of the parties, persons close to the parties or witnesses), the public and the media may be excluded for all or part of the hearing.
Do you believe that Slovak courts have a particular strength for resolving commercial disputes? How about a weakness? What are they?
Before the judicial reform in the district courts, a judge had to deal with multiple areas of the law, which could be a disadvantage against highly specialized advocates and litigants. After the judicial reform, creating specialized courts, the quality of the decisions is expected to increase.
I understand that in 2022, the Slovak Judicial Council made changes to the country's judiciary. Have these changes affected how commercial disputes are decided?
The judicial reform just recently became active from June 1, 2023.
It created specialized courts in different areas of law. And the number of courts decreased.
The reform’s new judicial map is still in process and the final version has not yet been released. It will impact the organization of the courts and the specialization of judges and the courts.
How often do you go to the courthouse?
We go to court as scheduled, sometimes every day during the working week.
When you are there, do you need to wear a special robe or wig?
No, we don't have to wear a special robe or wig. Only in criminal cases the special robe is worn.