HUNGARY Law and Practice Contributed by: Tamás Éless, Zsolt Farkas, Sarolta Szabó and Lili Bischof, Oppenheim Law Firm
4.6 Costs of Interim Applications/Motions Under the CCP, the costs of interim applications – such as applications for interim measures or motions for evidencing – are generally treated as part of the total litigation costs. The court does not usually decide immediately on who bears the costs of such motions. Instead, these costs are typically decided together with the final judgment, as part of the general allocation of litigation costs. If it is likely that the costs incurred will reach a more significant sum, or if it is justified on grounds of other circumstances, the court may order the party seeking the measure to deposit the anticipated costs with the court, even before the costs have been incurred. Furthermore, costs in connection with the taking of evidence may also emerge, which are paid in advance by the party who has an interest in the taking of that evidence. 4.7 Application/Motion Timeframe As a general rule, the court shall take the necessary measures within thirty days after the receipt of a sub- mission filed with the court, the expiry of a time limit for filing a submission, or the occurrence of another event giving reason for a measure. Under Hungarian law, a party cannot request that the application or motion be dealt with on an urgent basis by the court. However, the CCP or other acts may provide that certain proceedings or a procedural act are to be dealt with as a matter of urgency. 5. Discovery 5.1 Discovery and Civil Cases The Hungarian CCP does not allow for discovery in civil cases. 5.2 Discovery and Third Parties The Hungarian CCP does not allow for discovery in civil cases.
The intervenor may exercise his or her procedural rights after the decision approving the intervention is adopted. With the exception of settlement, acknowl- edgement or waiver of a right, an intervenor may perform any act that the party he or she supports is entitled to perform. Furthermore, such cases are also regulated by the CCP when certain persons join the proceedings later as defendants or plaintiffs. For example, if the plaintiff brought the action against someone other than the person against whom the claim can be enforced, the plaintiff may involve that other person as defendant in its claim before the order closing the preparatory stage is adopted. If the court permits the involvement, it shall dismiss the previ- ous defendant from the action. The plaintiff may also extend its claim against further defendants pursuant to certain requirements of the CCP. As regards the plaintiffs, a person may join an action brought by another person as a co-litigant of the plaintiff, if, according to the rules of joint actions, they would otherwise have been entitled to initiate the pro- ceedings together. 4.5 Applications for Security for Defendant’s Costs A plaintiff whose domicile, seat or habitual place of residence is not in a member state of the EU, or EEA, or in another country regarded as the same accord- ing to an international treaty must, at the request of the defendant, provide security covering the litigation costs of the defendant unless: • an international agreement entered into by Hungary provides otherwise; • the plaintiff was granted cost exemption due to personal circumstances; • the plaintiff has a claim acknowledged by the defendant; or • the plaintiff owns immovable property in Hungary or another asset registered in a register of certified authenticity that serves as appropriate security.
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