CODE OF CIVIL PROCEDURE IN CZECH REPUBLIC

This article will provide guidance on the Code of Civil Procedure in Czech Republic. No procedures in Czech civil law establish separate courts to hear different categories of matters. The general court has, in theory, the authority to hear and decide all civil cases. The judicial system is responsible for interpreting and applying the provisions of this Act.

Administrative bodies may decide civil law issues in certain circumstances when this authority has been granted by statute.

BACKGROUND

District courts (okresn soud), regional courts (krajsk soud), and the Supreme Court of the Czech Republic (Nejvy soud eské republiky) hear civil matters in the first instance. Unless otherwise specified by law, initial procedures are heard by the district courts in the Czech Republic. Only the regional courts and the Supreme Court of the Czech Republic have appellate authority.

Suppose at least one of the parties is a citizen of the Czech Republic. In that case, only the Supreme Court of the Czech Republic has jurisdiction in the first and only instance in proceedings to recognize foreign judgments on divorce, legal separation, annulment of a marriage, and determining whether the marriage exists. The Supreme Court has the authority to hear cases involving the recognition of a foreign judgment deciding and denying parentage.

JURISDICTION IN THE CZECH REPUBLIC

Both subject matter and geographical jurisdiction are determined solely by the facts and circumstances present when proceedings are launched. With few exceptions (transfer of jurisdiction for matters involving the care of kids, custody, and legal capacity procedures), any later change to these conditions (such as a change in the defendant's place of abode) is immaterial.

Under the Code of Civil Procedure, the court is only allowed to examine territorial jurisdiction at the outset of the proceedings, until the end of the preparatory proceedings or, if no preparatory proceedings are held, before starting to hear the merits of the case or until it calls on the plaintiff to bring an action during initial proceedings, or until it issues a decision in the event there are no preparatory, proceedings. If no preliminary procedures have taken place and a party has objected to local jurisdiction on the first time it was entitled to do so, then and only then may territorial jurisdiction be reviewed.

A number of courts may share geographical jurisdiction in certain situations. The plaintiff has the final say on which court will have jurisdiction over the case, and that decision will be made when the action is first filed. It is important to remember that the norms of territorial jurisdiction under Czech law do not always apply since they may be superseded by directly relevant EU law.

SERVICE OF DOCUMENTS IN THE CZECH REPUBLIC

For an individual, the general court is in the district where that person resides, or if none, where the individual is temporarily present. A person's ‘permanent abode’ is where they have established their primary means of support and intend to remain for the foreseeable future (it may also be possible that there are a number of such places, in which case all such courts are the general court). For business-related disputes, an individual's general court is the one in the district where their place of business is located (the place of business is the address listed in the public register); if there is no place of business, the general court is the one in the district where the individual resides. If it is found that there is no identifiable place of residence, the general court is the one in the district where the individual is temporarily present.

If the defendant is a Czech citizen but does not fall under a general court or has no general court in the Czech Republic, the court with jurisdiction is the one for the district where the defendant last lived. Suppose a Czech citizen cannot access another court with jurisdiction over their case. In that case, the court with jurisdiction over the district where their property is situated will hear the case.

FOREIGN JURISDICTION IN THE CZECH REPUBLIC

A foreign defendant may also be sued in the Czech court district where the defendant's plant or a division of the defendant's factory is situated by filing a petition to initiate proceedings. A minor who lacks total legal capacity is subject to the jurisdiction of the general court of the district in which the minor resides, as defined by the consent of the minor's parents or by a judgment of the court or other decisive circumstances.

Special territorial jurisdictions include [A.] special territorial jurisdiction by choice and [B.] exclusive special territorial jurisdiction, in addition to the territorial jurisdiction of the general court of the defendant. A contractual prorogation is also an option in business transactions. The plaintiff can file suit in either the defendant's home state's general court or another court within the defendant's home territory. However, the requirements of geographical jurisdiction must be followed; if a court in a certain area possesses original jurisdiction, the plaintiff must file suit in that territory. After filing an action with the court, the plaintiff cannot alter their mind. Rules on territorial jurisdiction based on choice under Czech law may not be applied if territorial jurisdiction is governed by a directly applicable EU regulation, which precedes national legislation.

PRE-ACTION PROCEDURES IN THE CZECH REPUBLIC

Civil proceedings are commenced by the day the filed action is delivered to the court. The filed action should be incorporated in a written manner, although an oral method may also be considered acceptable (if not recommended.) The action may be delivered through the mail or served personally. Interestingly, if service is filed electronically, there is an alternative for filing using an avenue known as a ‘databox.’ This databox is a special electronic device that functions as a receptacle for each legal person’s addressed documents so that courts and other public bodies can provide them with documents with minimal confusion. It is important to assert that the databoxes are only for legal persons: natural persons will not be required to install them.

According to Czech law, one can request a preliminary injunction before the case starts. If the connections between the parties to the proceedings need temporary modification or if it is anticipated that it will be impossible to enforce the ruling without a preliminary injunction, the court may award one. The petitioner must give the court a deposit of CZK 100,000 in commercial matters and CZK 50,000 in all other instances to secure damages that may come from an inappropriate preliminary injunction. Regardless of this payment, the applicant will be obligated to cover all damages suffered by the preliminary injunction on behalf of the opposing party.

Evidence safeguarding could also be viewed as a pre-action remedy since the court would likely preserve evidence upon complaint filed by such persons concerned if it is conceivable that obtaining the evidence later during the proceedings will be unattainable or exceedingly challenging.

CHANGES TO A CLAIM

The civil dispute proceedings in the Czech Republic are centered around the litigants, who control most of the proceedings. The litigants must conduct themselves following the Code of Civil Procedure requirements, which also allows them to modify prior statements. However, such modifications are usually subject to so-called ‘concentration. ‘

It is also necessary for the defendant to provide the court with a statement of defense following the initial intimation of the action with the court. This statement of defense effectively outlines the defendant’s position and should take pains to adhere to general format requirements and contain all the argumentation necessary to combat the suit itself. The defendant must negate the plaintiff’s initial claim through this statement, which would require supporting evidence.

No general time limit is scheduled for serving the statement of defense under Czech law. The limit is, therefore, usually set by the court, and it varies from case to case, depending on the complexity of the case and many other factors. This time limit can also be prolonged upon the request of the defendant.

It is imperative to follow through with the requirements of the Civil Procedure Act in the Czech Republic following its introduction in 2014. Along with the Commercial Corporations Act and the Private International Law Act, it is a complete revision of private law in the Czech Republic. The statute introduces modern and progressive regulation of contractual relations governed by civil law, emphasizing personal rights and a unified regulation of obligation law.

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Sources

1. Disputes and other legal matters arising from private law relationships fall within the jurisdiction of the courts, as stated in Section 7(1) of Act No. 99/1963 Coll., the Civil Procedure Code, as modified.

The Czech Republic also has new legislation that took effect on January 1st. Special Judicial Proceedings Act of 2014, Act No. 292/2013 Coll.

2. The judgment of the administrative authority may, however, be challenged in a civil court in a procedure under Chapter V of Act No. 99/1963 Coll., the Civil Procedure Code, as modified (Section 244 et seq.).

3. According to Section 51 of Act No. 91/2012 Coll., on private international law,

4. For cases where Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 applies, or where a bilateral or multilateral treaty providing for a procedure other than Czech law applies the Czech Republic does not follow this procedure when recognizing judgments from other EU member states.

5. According to Section 105, paragraph 1 of Act No. 99/1963

6. Courts listed in Section 87 of Act No. 99/1963 Coll., the Code of Civil Procedure, are also available to the plaintiff (e.g., according to the workplace, in cases of compensation according to where the damage occurred).

7. Act No. 292/2013 Coll., on extraordinary judicial procedures, specifies which courts have authority over certain geographic areas in certain legal situations.

8. Act No. 99/1963 Coll., the Code of Civil Procedure, establishes as its primary norm that the court of universal jurisdiction is the general court of the defendant. Every district court is part of the general court. If a regional court has original jurisdiction, then the regional court with geographical jurisdiction is the one that includes the district where the party's general (district) court is situated. When many defendants are named in a lawsuit, the case may be heard in the district court of any of the defendants' home states.

9. During their duties, insolvency trustees are subject to the district court's jurisdiction in the area where their registered office is located.

10. The general court of the State (the court in whose district the organizational unit of the state with jurisdiction under a special legal regulation has its registered office, and if the court with territorial jurisdiction cannot be determined in this manner, the court in whose district the circumstances giving rise to the right claimed took place), a municipality (the court in whose district the municipality is located), and higher territorial self-government (the court in whose district the municipality is located) are subject to different rules (the court in whose district its administrative bodies have their registered offices).

11. It can even be sent by fax or e-mail, although if the action was filed this way, it is necessary to provide the court with the original hardcopy within the next three days. The original hardcopy is not required when the action is filed via e-mail with a secured electronic signature.