CROATIA Law and Practice Contributed by: Lada Ćustić and Marko Paulinović, Buterin & Partners
The defendant must request this security at the pre- paratory hearing, or, if none is held, at the first main hearing before addressing the merits. Security is usu- ally provided in money, but the court may allow anoth- er suitable form. The defendant cannot request secu- rity in employment, family, or maintenance disputes, counterclaims, or where the claimant has asylum in Croatia. If security is not provided in time, the claim is deemed withdrawn. 4.6 Costs of Interim Applications/Motions As a general rule, the losing party bears the costs associated with interim applications or motions. The court may order reimbursement of the prevailing party’s reasonable legal expenses incurred in con- nection with the interim measure. In exceptional cir- cumstances, such as partial success or procedural fairness considerations, the court retains discretion to apportion costs differently or to order that each party bear its own expenses. 4.7 Application/Motion Timeframe The purpose of interim measures under Croatian law is to ensure the temporary protection of a party’s rights and to prevent irreparable harm or frustration of enforcement before a final judgment is rendered. Due to the very nature of interim measures, proceedings related to such applications are considered urgent, and courts are required to act without delay. Accord- ingly, a party may request that the application be dealt with on an urgent basis, and Croatian courts generally prioritise such motions to ensure that the requested protection is effective and timely. Croatia does not have a “discovery” procedure com- parable to that found in common law jurisdictions. Civil proceedings are governed by the principle of a public, oral, and party-driven trial, under which each party bears the responsibility to present its claims, defences, and supporting evidence. There is no obli- gation for parties to exchange documents or informa- tion before trial. Instead, at the preparatory hearing, each party must disclose the facts and evidence on which their claim or defence is based. The court then 5. Discovery 5.1 Discovery and Civil Cases
determines which facts are relevant and admissible, and which evidence will be presented during the main hearing. 5.2 Discovery and Third Parties Although Croatia does not provide for discovery in the common law sense, evidence may be obtained from third parties under court supervision. The court may order third parties to provide information, docu- ments, or expert opinions. Parties may also propose evidence involving third parties such as witness tes- timony or the production of specific documents, but the decision to admit such evidence ultimately rests with the court. 5.3 Discovery in This Jurisdiction There are no pre-trial discovery proceedings in Cro- atia. The collection and examination of evidence is considered an exclusive judicial function and is con- ducted by the court upon a party’s request or, excep- tionally, ex officio. The process is guided by the Civil Procedure Act which entrusts the court with ensuring that all relevant evidence is presented in a fair and orderly manner during the trial. 5.4 Alternatives to Discovery Mechanisms Croatian procedure relies on the obligation of parties to present all facts and propose all evidence support- ing their case. 5.5 Legal Privilege Legal privilege in Croatia primarily takes the form of attorney–client privilege, protecting all confidential communications between lawyers and their clients. This privilege is guaranteed under the Law on the Legal Profession, which also provides that attorneys are not criminally or civilly liable for legal opinions expressed in the course of their work. Confidentiality is considered a fundamental principle of the legal pro- fession, ensuring that clients can communicate freely and fully with their counsel. 5.6 Rules Disallowing Disclosure of a Document Croatian law prohibits the disclosure of certain docu- ments to protect trade secrets, confidential statisti- cal data, and classified information. The Act on the Protection of Undisclosed Information forbids the
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