HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
Mandatory Components of a Statement of Claim The Code of Civil Procedure includes detailed and rather stringent, mandatory form require- ments with respect to statements of claim. In addition to the general rules applicable to written submissions, several specific requirements must be complied with so that a statement of claim may be considered on the merits. Statements of claim must consist of three parts: an introductory part, a substantive part, and a closing part. In the introductory part, the following shall be specified: • the court; • the parties’ names, positions, the plaintiff’s contact details, at least the domicile or seat of the defendant; and • contact details of the plaintiff’s legal repre- sentative. The substantive part shall include in particular: • a specific request (the relief sought); • the claim and the legal basis thereof; • the underlying facts; • the legal argumentation; and • supporting evidence and any evidentiary motions. The closing part shall include in particular: • the amount in dispute and how it was quanti- fied (if possible); • the facts serving as a basis for the compe- tence/jurisdiction of the court; and • the court fees paid (or a reference to a request for the reduction of costs or the legal provisions providing for an exemption).
Documents to be filed as exhibits include: • a power of attorney (unless it has been regis- tered earlier); • the evidence identified in the substantive part; • the request for the reduction of costs men- tioned in the closing part, or in case of exemption by law the data specified in the relevant legal provisions; • the documents supporting the statements made in the closing part; and • a free translation of documents in a foreign language. Additionally, and most importantly for the prac- tice, the statement of claim may also include initial disclosure requests addressed to the defendant in case of “emergency of statement” and “emergency of evidence” situations dealt with at 5.4 Alternatives to Discovery Mecha- nisms . Subsequent Amendments to a Statement of Claim For the bifurcated structure of civil litigation pro- ceedings in Hungary see 7.1 Trial Proceedings . Unrestricted Amendments in the Preparatory Phase The preparatory phase is closed by an order of the court, which is issued in a preparatory hear- ing (unless the court deems a hearing unnec- essary). Until this order is issued, there are no restrictions in place with respect to the amend- ment of the statement of claim (except that the court may impose a fine if the party could have made the amended statement earlier). Exceptional Amendment in the Substantive Phase and on Appeal In the ensuing substantive phase, the statement of claim (as well as the statement of defence,
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