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

22.11.2017

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Insofar as the party does not submit to the court the list of all costs, the request for reimbursement is deemed to be withdrawn.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.

ZPP- E: PARTIES AND SERVICE

06.11.2017

The ZPP- D amendment introduced (to) strict provisions about the immediate dismissing of incomplete applications, submitted by attorneys, and applications, that attorney submit without presenting the power of attorney. Those provisions, which were mostly abolished by the Constitutional Court, are finally abolished with the ZPP- E amendment.

ZPP- E: FUNDAMENTAL PRINCIPLES AND COURT JURISDICTION

06.10.2017

ZPP- E Amendment, that became applicable on the September 14th, covers several fields. The present contribution will present the changes in the field of principles and court jurisdiction.

13.07.2017 – »NP SBOP« SCHOLARSHIP

13.07.2017

The scholarship committee composed of Dr. Borut Holcman, lawyer Nataša Štelcer, LL. M. and lawyer Robert Berkovič, selected, after the third round, out of five candidates the winner of the scholarship project “NP SBOP” for the academic year 2017/2018.

29.06.2017 EXPERIENCE OF OUR SCHOLARSHIP HOLDER SAŠO ŠILEC

29.06.2017

It has been about a year since I have been selected as part of a tender to be a scholarship holder of the ŠTELCER| BERKOVIČ law firm for the study year of 2016/2017 and as such been given a chance to test my knowledge and abilites in the workspace of a law firm.

02.06.2017 »NP SBOP« Scholarship

02.06.2017

We have chosen the numbers for writing part of test, which will this year take place 9.6.2017 in our law office, at the address Ulica Vita Kraigherja 3, Maribor (PC Slavija).

28.03.2017 »NP SBOP« Scholarship

28.03.2017

Law office ŠTELCER|BERKOVIČ will also in this year prepare the scholarship program with working name »NP SBOP«. The winning applicant will get a scholarship for student year 2017/2018.

TEAM BUILDING or HOW TO MOTIVATE

15.02.2017

Expression »team building« doesn’t reflect the only correct and wanted goal, persuaded by the leaders, when they prepare this kind of event.

»STUDENT LITIGATION« COMPETITION

23.01.2017

We would like to congratulate our scholarship holder Sašo Šilec and other students of Faculty of Law Maribor, winners of »Student litigation« competition.

SUMMER

08.08.2016