ROMANIA Law and Practice Contributed by: Cosmin Vasile and Alina Tugearu, Zamfirescu Racoți Vasile & Partners Attorneys At Law
(although this deadline may vary depending on the stage of proceedings or the type of case). The claimant may then submit a reply within ten days, and within three days of receiving the reply the judge is obliged to set a date for the first hearing, which must take place no later than 60 days after the issuance of the resolution. As a result, depending on the caseload of the court where the action was filed, it can take approximately six months from the date of filing to the date of the first hearing. 1.3 Court Filings and Proceedings As a rule, court hearings are held in public ses- sions. In particular cases, the law provides that some types of claims are to be settled only in the presence of the parties. In addition, following a well-grounded request from a party, the court itself may instruct that hearings are to be held in the presence of the parties alone. Court documents are only available to the par- ties in the trial and their representatives. Under specific conditions provided by law, members of the press or third parties may study court docu- ments, if they prove they have an interest in rela- tion to the file. 1.4 Legal Representation in Court There are no particular requirements for legal representatives appearing before Romanian courts; they have rights of audience before any type of court. The members of a foreign Bar may provide legal counsel on Romanian law after undertaking an exam on the Romanian law and language, organised by the National Association of Roma- nian Bars. A foreign lawyer practising law in Romania is obliged to register with the special table of each local Bar association. However,
a foreign lawyer does not have rights of audi- ence before Romanian courts, except in cases of international arbitration courts. 2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding by a third party is not officially provided for within the Civil Procedure Code. Although permitted, third-party funding is not frequently used in Romania. Third-party funding will be governed by the agreement concluded between the funder and the beneficiary. 2.2 Third-Party Funding: Lawsuits There are no limitations on the types of lawsuits available for third-party funding, unless the third party purchases the rights stemming from the claim and becomes a party in the trial, in which case certain interdictions related to the profes- sion of the third party and the object of the claim might apply. For example, judges, prosecutors and other judicial participants in a civil trial may not acquire the litigious rights that fall under the jurisdiction of the court in which they exercise their profession. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available to both the plain- tiff and the defendant. 2.4 Minimum and Maximum Amounts of Third-Party Funding A third-party funding arrangement generates pri- vate law effects between the third party and the beneficiary, with the limits of the funded amounts being subject to the agreement between the third party and the beneficiary, since there is no legal provision regulating these limits.
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