Renewed rules of cost-exemption
Both parties and courts are obliged to follow the new rules of procedure and cost-exemption in civil cases launched after 1st January 2018. However, in those civil procedures which have been started before 1st January, the former rules are still applicable.
If any of the parties (plaintiff, defendant) is not able to finance the cost of procedure – e.g. the procedural duties, fee of experts or witnesses – may submit request on cost exemption. The rules and conditions of demanding cost-exemption have been changed fundamentally. For granting cost exemption, the personal and financial circumstances of the applicant must to be proved. The proof can only be submitted by filling the form introduced by the president of the National Office for Judiciary following the content laid down by law. It is also possible to apply for partial cost allowance which absolves the applicant from bearing certain costs. Lawsuits can be lodged, application for cost allowance and information exclusively on procedural rights can be required by parties acting without a legal representative during business hours at the district court competent according to the permanent residence or workplace of the parties.
It is also a significant change in civil cases launched after 1st January 2018 concerning the rules on procedural costs that the parties must claim for an exact amount in case they would like the court the order the party to pay the procedural cost. In case the party is negligent to claim for procedural cost the court cannot take a decision on it. Even the prevailing party shall bear his own costs.
Detailed information on changes and on applicable forms can be found here, at the central website of the judiciary, where also the forms can be downloaded!
The application forms for cost-exemption both for natural or legal entities, and the form for statement of cost are available in an editable form on the central website of the judiciary.