GREECE Law and Practice Contributed by: Vassilios Moussas, Charalampos Kondis, Christina Grigoriadou and Konstantina Margariti, Moussas & Partners
• Supportive intervention – the third party intervenes at any stage to support one of the parties. Request for Joinder Request for joinder of third parties may be exer- cised exclusively in three circumstances and by specific persons. • In the case of a common interest of many parties that should be adjudicated uniformly, the parties not included in the initial proceed- ings may be joined by the plaintiff or the defendant. • In the case of a defendant against whom a real estate lawsuit has been filed, the person on whose behalf the defendant exercises the relevant real estate right may join the defend- ant. • In the case of a plaintiff, defendant or a third party exercising main intervention, they may join the person against whom – in case of loss – they will have a compensation right. The court may also order, ex officio, the request for joinder of a third party where it rules that the party should participate in the dispute. Following the request for joinder, the third party becomes a litigant party in the dispute, regardless of its actual participation in the proceedings. Announcement of the Dispute A party with a lawful interest may announce a pending dispute to a third party until the court of first instance issues a final judgment on the merits. The announcement of the dispute dif- fers from the request for joinder on the basis of its scope (not limited), aim (only for information purposes) and consequences. A third party, to whom the dispute is announced, is entitled to participate in the trial by filing an intervention. If a third party does not participate in a trial, even
though the dispute was announced to them before the hearing, they are not entitled to file a third-party appeal against the judgment. The deadlines for filing the described third-party motions depend on the procedure/instance and on the filing date of the lawsuit or the hearing date. 4.5 Applications for Security for Defendant’s Costs A defendant may apply to the court for security for legal costs if there is an obvious risk that a claimant might not honour an adjudication of costs. 4.6 Costs of Interim Applications/ Motions The party filing an application for provisional measures pays its costs in advance. The losing party is usually ordered by the court to pay the costs of the winning party. 4.7 Application/Motion Timeframe The hearing for a petition for provisional meas- ures shall be usually set within one month or more from the filing of the petition, depending on the court’s caseload. A temporary order request may be granted within three days of the submis- sion of the petition.
5. Discovery 5.1 Discovery and Civil Cases
As a general rule, discovery – literally “proof” in Greek (ie, the burden of proving an allegation in a claim, counterclaim, objection or counter- objection) – lies on the party invoking the factual allegation in question. Therefore, each respec- tive party is obliged to produce both documents
505 CHAMBERS.COM
Powered by FlippingBook