ZPP- E: PROCEDURAL COSTS, LAWSUIT AND PROCEDURE REGARDING EVIDENCE

ZPP- E: PROCEDURAL COSTS, LAWSUIT AND PROCEDURE REGARDING EVIDENCE

22.11.2017

Polona Podlesnik

The court may now order the party to make a list of all the costs, which recovery she claims- usually the party claims the costs in every application or orally on hearings. Insofar as the party does not submit to the court the list of all costs, the request for reimbursement is deemed to be withdrawn.

The Court may only decide the amount of costs itself shall be issued by a professional assistant or court assistant. on costs, which party and in what part is it to bear the costs of the proceedings, while the decision on

One of the most important novelties is a step-by-step action (lawsuit). In the latter action, the applicant can claim two claims against the defendant- a request for obtaining certain evidence or facts and a claim, requesting payment of a certain amount of money and based on the evidence and facts required by the applicant in the first application. Insofar as the specific definition of the second claim depends on obtaining evidence and facts, required by the first claim, the defendant can precisely determine the second claim (the amount of the monetary amount) only after the decision on the first claim has become final.

The news regarding the evidential procedure is as follows:

the taking of evidence: the chairman of the senate or the requested judge may, on a proposal of the party, also carry out other evidence, not only those whose implementation has been entrusted to him;

evidence from another procedure can be used if both parties agree to this, or if both parties are also involved in another procedure and the evidence cannot be re-implemented;

– the court may, on application by a party, order the other party to disclose information of a trade secret;

– a party must present a document held by him and to which the other party is referring to the proceedings. The court invites the party to submit the document on the substantiated proposal of the counterparty, and the client must also submit the document, even if this would lead to greater material damage or gross embarrassment. If a party holding a document does not want to present it, the court may consider that the document exists and has content, as the counterparty claims. The court may also order a third party to submit a document on the substantiated proposal of the client- a third party may refuse the delivery for the same reasons as can refuse to testify;

stand-alone evidence procedure with an expert: the court can now make an expert on the client’s request before the beginning of justice, insofar as its findings can help to ensure that a legal dispute does not arise.[1]

[1]   Summarized by the Civil Procedure Act (ZPP), unofficially consolidated text, with introduction explanations of the amendments of the Act and subject index by Aleš Galič, 6., supplemented edition, Ljubljana, UL RS 2017, pages 30- 37.