President Signs into Law Civil Procedure Amendments

Bratislava, 16 June (TASR) - Courts will now have the option, rather than the obligation, to issue a default judgment in favour of a claimant if a defendant fails to attend a hearing despite having been duly and timely summoned, and a similar option will also apply when the claimant is absent. The changes stem from an amendment to the Civil Dispute Procedure Code signed on Tuesday by President Peter Pellegrini. "The court will have discretionary authority to assess all relevant circumstances of the case, including the defendant's previous procedural conduct, and on that basis decide whether the conditions for issuing a default judgment have been met or whether it is appropriate to continue the proceedings using another procedural approach," the Justice Ministry, which drafted the amendment, explained. The ministry argued that the previous rules governing default judgments were excessively strict, particularly in cases where several hearings had already taken place and the defendant had attended and actively participated in them, but failed to appear at only one hearing. The amendment also changes the rules for serving default judgments on defendants who are natural persons and are not legally represented in proceedings. Under the new rules, provisions requiring delivery to an electronic mailbox will no longer apply in such cases. "The aim of the amendment is to strengthen the procedural position of individuals without professional legal assistance, particularly in view of the serious procedural consequences that a default judgment may have for a defendant," the ministry said. Electronic delivery of default judgments will remain in place where the defendant is the state, a state authority or a legal entity. The amendment also extends special protections in disputes involving weaker parties to include persons engaged in public participation. The protective measures introduce a mechanism enabling courts, at an early stage, to determine whether a claim is intended to intimidate or deter public participation and, if so, to dismiss or terminate such proceedings swiftly. The weaker party will also be able to request that the court order the claimant to provide security for compensation for damages or other harm, as well as an advance payment towards legal costs. mf