DENMARK Law and Practice Contributed by: Thomas Norvold, Søren Locher, Anne Mie Lund and Pawel Weigel, Fabritius Tengnagel & Heine
objections must be raised in the first pleading to the court. If the defendant requests the court’s permission to adjudicate the formality of the case separate- ly (see 4.2 Early Judgment Applications ), the defendant may limit themselves to raising their formality objections in their response pleading. 4.4 Requirements for Interested Parties to Join a Lawsuit A third party – not named as plaintiff or defend- ant – can apply to join a lawsuit by filing a writ of summons with the court if: • there is jurisdiction in Denmark for their claim; • the claim can be processed under the same procedural rules as the other claims; and • the third party will assert an independent claim concerning the subject matter of the case, or the third party’s claim is so con- nected to the original claim that it should be addressed within the case, and this will not cause significant inconvenience to the original parties. Upon the request of one of the original parties, the court may reject the third party’s application if it should have occurred earlier. After the con- clusion of the preparation of the case, joining the cases can only occur with the court’s consent. In addition to the above, a third party who has a legal interest in the outcome of a case may apply to join the case in support of one of the parties. The court determines the manner in which the joining party may present their arguments and evidence during the case. The court may award or impose litigation costs on the joining party.
Under certain conditions, third parties can also be involved in an already initiated court case by the parties to the case. 4.5 Applications for Security for Defendant’s Costs In the response pleading, the defendant can request the court to require a plaintiff who does not have residence or domicile in the European Economic Area to provide security for the litiga- tion costs that they may be ordered to pay to the defendant. However, this does not apply if the plaintiff resides or has a domicile in a country where a plaintiff with residence or domicile in Denmark is exempt from providing security for litigation costs. 4.6 Costs of Interim Applications/ Motions The court decides on the costs ex officio, with- out the parties having to make separate claims in this regard. 4.7 Application/Motion Timeframe The parties may request the urgent handling of a matter; such requests are generally recognised by the court if the matter is of an urgent nature. However, the parties do not have a legal right to have their request processed within a specific timeframe.
5. Discovery 5.1 Discovery and Civil Cases
According to the Danish Administration of Jus- tice Act, upon the request of a party, the court may compel the opposing party to produce documents under their control – unless doing so would reveal information about matters on which they would be prohibited or exempted from tes- tifying as a witness. It must be demonstrated
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