CODE OF CIVIL PROCEDURE IN SLOVENIA

This article will provide guidance on the Code of Civil Procedure in Slovenia. In the legal system of the Republic of Slovenia, abstract legal rules are created at both the national and regional levels. In addition to the Constitution (ustava) and laws/acts (zakoni), there are two basic types of implementing regulations: decrees (uredbe, often translated as regulations) and rules (uretva, sometimes translated as rules) (pravilniki).

Ordinances are often passed by municipal councils (odloki). Judiciary precedent is not an obligatory source of law in Slovenian law, hence lesser courts (nija sodija) are not technically bound by judgments of higher courts (vija sodija). . International treaties ratified and made public are binding on all parties. According to the Slovenian Constitutional Court (Ustavno sodie), international treaties are superior to domestic laws. When a government ratifies an international treaty, it incorporates the terms of that agreement into domestic law, giving citizens and businesses new legal protections and duties (provided they are directly enforceable). Slovenia does not have a common law tradition as a member of the civil law tradition and the continental family of legal systems. However, Slovenian law gives common law considerable respect.

A private Slovenia process service agency like Undisputed Legal may assist with the service of process in Slovenia by giving their experience and understanding of the processes and legislation in place in that country. We want to ensure that the defendant is served appropriately, which is necessary for the case to proceed. We want to guarantee that the service of process is carried out in accordance with the rules and regulations of Slovenia, such as the Act on Civil Procedure and the Regulation on the Service of Documents.

BACKGROUND

There are general and specialized courts in the unified legal system of the Republic of Slovenia, with the latter having exclusive authority over administrative, social, and labor law matters.

The courts of universal jurisdiction may be divided into local courts are courts of first instance and have jurisdiction over less serious criminal cases, civil cases involving claims for damages or property rights up to a certain value, and all civil cases involving disturbance of possession, easement of real burdens, hire, lease, or tenancy relations, the legal obligation to maintain, if the disputes are not dealt with in conjunction with marriage disputes or disputes over the establishment or contestation of a will.

First-instance jurisdiction is also held by eleven of the country's district courts. There are four courts with appellate authority. They hear and rule on appeals from judgments made by lower courts in their respective jurisdictions and arbitrate disputes of jurisdiction between lower courts. Four additional first-instance courts focus on certain areas of law. Both may decide on labor issues, and one can decide on social security conflicts. A single court of appeals governs both countries.

The state's highest court, the Supreme Court, hears appeals from lower courts. It is essentially a cassation court. It has appellate authority in the administrative review, labor and social security proceedings, and other civil and criminal matters. In practically all of these instances, it has jurisdiction as a court of the third instance. As appeals to the Supreme Court are considered exceptional legal remedies under our procedural statutes, they may only be used to address questions of substantive law or the most egregious process violations. It is not within the scope of the Supreme Court's authority to rule on challenges to the constitutionality or international legality of domestic laws, rules, and ordinances.

Undisputed Legal assists in ensuring that legal documents are correctly served on the opposing party in each of these courts in line with the applicable laws of Slovenia. This includes determining the appropriate service method, personal, service by mail, or service through a central authority, and ensuring that all necessary documents are filed with the court. For example, personal service may be performed in person, service by mail, or service through a central authority may be performed. Parties engaging in legal proceedings in Slovenia may increase the likelihood that their legal rights will be safeguarded and that the procedures will be carried out in a manner that is both fair and effective if they collaborate with a private process service agency like Undisputed Legal.

REQUIREMENTS OF A PROCEDURAL ACTION IN SLOVENIA

All procedural actions taken by the parties and any participants in the case should be performed in the language of their choice. Suppose a party or other person participating in the proceedings does not speak Slovenian. In that case, the court must provide them with the oral translation of comments made at the hearing and the written translation of documents presented as evidence upon request.

Legal documents filed by the parties and other participants in the proceedings must be written in Slovenian or one of the recognized national community languages. In addition, a private process service agency like Undisputed Legal which operates on an international scale, may assist with translating legal papers. This helps guarantee that the documents are appropriately translated into the language used in court. This is of utmost significance in Slovenia.

FORM OF PLEADINGS IN SLOVENIA

Out-of-court remarks, motions, and notifications, as well as the action, defense plea, and modes of routine judicial review, must all be submitted in writing (pleadings). The pleadings must be easily understood and include all information essential to proceed with the case. Pleadings must include specific information identifying the court, the parties and their places of residency (permanent or temporary), any legal counsel involved, the nature of the dispute, the statement's contents, and the signatory. The person named as the signature on a pleading received through telecommunications technology or in conformity with the requirements set by the legislation for the use of information technology must be presumed to have signed the pleading.

A certificate of payment of the required court fee must be submitted with any pleading that announces an appeal. A sufficient number of copies of a pleading for the court and the opposing party must be supplied, and the pleading must be presented in a manner that allows the court to serve the pleading on the opposing party. The same is true for any appendices. Filing a single copy of pleadings and attachments on behalf of several individuals who share a statutory representative or attorney is acceptable.

The original or a certified copy of any attachments to a pleading may be filed. Whenever a side submits an original document, the court must maintain it and provide the opposing party a chance to review it. At a party's request, the court must return the original document to them once it is no longer required; however, after the original is returned, the court may require the party to produce a transcript. The court will set a deadline for filing any requested amendments or attachments to a pleading.

If a time-sensitive pleading is amended or supplemented and filed with the court before the deadline, it will be treated as if it had been filed on the original filing date. If a pleading has to be amended or supplemented before the court will consider it, it will be thrown out. The court shall require the party filing the pleading to file additional copies of the pleading and any exhibits within a specified time frame if the party filing the pleading fails to do so.

While navigating the Slovenian legal system, a private process service agency like Undisputed Legal can be a great resource, especially when commencing a claim and serving foreign documents. When our clients work with our agency, they can guarantee that their legal papers are served accurately and timely and that these papers are in accordance with the rules and regulations that govern the area.

FORM OF A SUMMONS IN SLOVENIA

The court will ensure the parties arrive on time for the hearing. The summons must include the hearing's location and time, and it must be included with the pleading for which the hearing is scheduled. The summons should include the particulars of the parties, the issue in dispute, and the acts of the process to be done at the hearing if the pleading is not sent with the summons.

Service of process may be made by mail, in person at the courthouse, or by any other means specified. Upon an application by the defendant, the court may direct that service be made via the agency of a legal or natural person who serves process as part of their registered business and who has specific permission given by the Minister of Justice. Permits to serve the process should be issued by the Minister of Justice, who should establish the requirements to be met by such people and the norms according to which they shall act. Government entities, legal entities, and sole proprietors must have legal documents delivered to an authorized representative or an employee at their principal place of business.

A party must be personally served with an action, a judgment subject to an appeal or exceptional judicial review, and the dun letter requesting payment of the court fee owed in action. If the legislation requires or permits personal service, or if the court determines that the papers included in the original need exceptional attention, then service must be made personally. After the eight-day period has passed since the procedure was posted on the court's public bulletin board, service will be considered complete.

A private process service agency like Undisputed Legal might assist when serving legal papers in Slovenia. Service of process is required for every legal action that may be taken in Slovenia, and it must comply with the relevant laws and regulations. The legal system in Slovenia imposes this requirement. Undisputed Legal may provide various services that can assist in serving legal documents in Slovenia.

RECORD OF SERVICE IN SLOVENIA

The addressee and the server must sign the return of service (proof of service). The former must also include the day of receipt on the document. The server must sign their name and last name, indicate the date of reception, and explain why the receiver could not sign the return of service by himself if the recipient is illiterate or otherwise unable to sign.

The server must record the date service was attempted and the fact that the receiver refused to sign the return of service for it to be considered valid. A statement verifying delivery and a notation that the receiver has been given advance written notice on the service to be rendered must be included in the return of service if service is made. The return form must indicate the relationship between the person who accepted the service and the person to whom it was intended to be served if the process was served on someone other than the intended recipient. Incorrect dates on return forms will result in service being considered complete on the day procedure is delivered.

The service may still be shown even if the proof of service is lost.

Each party involved in a lawsuit will have access to all relevant documents and be allowed to make copies. Individual records may be made available for review and duplication by other parties upon verification of their authority. Undisputed Legal will ensure that the papers are served in compliance with the statutory prerequisites necessary in Slovenia. We ensure that we know the rules and regulations that regulate the serving of process in Slovenia. As a result, it will be able to guarantee that the papers are served in a way that is timely and appropriate. Because of this, it may be possible to prevent any unneeded delays or issues in the legal procedure.

FOREIGN SERVICE OF PROCESS IN SLOVENIA

Service of process on a person or institution located in a foreign state or a foreign citizen enjoying immunity should be accomplished via diplomatic channels. Service of process on a Slovenian national living abroad must be accomplished via the diplomatic or consular representation of the Republic of Slovenia with jurisdiction over consular proceedings in the destination country. Service in this manner is only considered legitimate if the party to whom it is directed is prepared to receive service of process in this manner.

The Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Cases is one of the international agreements to which Slovenia is a signatory. Requests should be completed in triplicate and sent directly to Slovenia's Central Authority for the Hague Service Convention, with two sets of papers to be served and translations. Requests should be filed in English. The individual in the United States responsible for signing the request form must be either a legal representative or a court clerk. On the identification and address of the applicant, as well as the signature and stamp areas, the applicant has to mention the titles ‘attorney at law’ or ‘clerk of court.’ The Republic of Slovenia did not make any public statements indicating that it disagrees with the modalities of service outlined in Article 10.

Under the Hague Service Convention, Undisputed Legal may assist with serving international documents when the defendant is in a different country. We can assist in preparing the relevant papers and ensure they are presented to the proper authorities in both countries. We can also monitor the development of the process of serving the procedure and present our clients with frequent updates.

While navigating the Slovenian legal system, a private process service agency may be a great resource, especially when commencing a claim and serving foreign documents. We ensure that when we conduct the requirements of international service, our clients can guarantee that their legal papers are served in an accurate and timely manner and that they are in accordance with the rules and regulations that govern the area.

OUR PROCESS

Documents can be faxed at (800) 296-0115, emailed to ps@undisputedlegal.com, or uploaded on our website. We do require prepayment and accept all major credit and debit cards. Once payment is processed, your sales receipt is immediately emailed for your records.

Drop-offs must call and make an appointment first to be added to building security to permit access to our office. Documents for service must be in a sealed envelope with payment in the form of a money order or attorney check (WE DO NOT ACCEPT CASH) payable to UNDISPUTED LEGAL INC.; Our receptionist will receive all documents. Click Here for Frequently Asked Questions About Process Servers!

DOMESTIC COVERAGE AREAS:

INTERNATIONAL COVERAGE AREAS:

OFFICE LOCATIONS

New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 - 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 - 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004

FOR ASSISTANCE SERVING LEGAL PAPERS IN SLOVENIA

Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your Slovenia process service needs; no job is too small or too large!

Contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.

"Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives"- Foster, William A

Sources

1. The Court must proceed in accordance with Article 108 of the current Act regulating the process with incomplete pleadings if a party submits a pleading in a language other than that officially used by the Court.

2. Without a certificate of payment of the necessary court fee that must be paid according to rules controlling the payment of court fees, and without the criteria to be exempt from payment of court costs being met, the court must regard the pleading described in the previous paragraph as incomplete. The pleading will be considered withdrawn if the certificate is not supplied at all by the deadline for supplementing.

3. If merely a transcript has been produced, the opposing party might ask the court to require the other side to produce the original document to be reviewed. The court may set a deadline for the production or inspection of the original document if it is deemed essential.

4. The person initiating the request for assistance under the aforementioned paragraph is responsible for prepaying any associated expenses.

5. When the individuals named therein have given their employee permission to accept service of process, it must nevertheless be done in line with the requirements of the Code.

6. If the attorney or person authorized to accept service of process moves without informing the court, he will be disqualified from representing the party in question. The court will appoint a new temporary representative to serve the process. If the person authorized to accept service of process is a temporary representative, the court will appoint a new temporary representative on whom the process will be served.

7. The presiding judge shall provide such authorization. At the same time, the proceedings are ongoing, and by the president or the chief judge of the court or any other court official nominated by the president or the chief judge of the court after the proceedings have concluded.