HUNGARY Law and Practice Contributed by: István Varga and Viktor Előd Cserép, PROVARIS Varga & Partners
aspects of pre-trial discovery (see 5.4 Alterna- tives to Discovery Mechanisms for more detail). 5.2 Discovery and Third Parties Documents in the Possession of Third Parties The court can obtain documents in the posses- sion of third parties not participating in the pro- ceedings that a party seeks to rely on. In such cases, the third party shall make the document available for inspection in the hearing (or if this is not possible, on-site), unless a circumstance exists in view of which the third party would be entitled to refuse to give witness testimony. Otherwise, it is at the discretion of the court whether to allow the third party to refrain from making available the document in question. If the third party refuses to make the document available despite not being entitled to do so, the court may apply coercive measures and request police assistance. If the inspection is unsuccess- ful, the court may accept the fact invoked by the party intending to rely on the documents to be obtained as true. Documents in the Possession of Organisations The court may, upon request by a party, also obtain documents and data from courts, pub- lic notaries, authorities, administrative organs or other organisations, provided that the party cannot directly obtain the documents and data in question. 5.3 Discovery in This Jurisdiction Although there is no US-style pre-trial discovery in general, the Code of Civil Procedure provides for certain disclosure obligations in ongoing pro- ceedings. Upon the request of the party intending to prove a fact, the court may order the oppos-
Hungarian copyright law in copyright cases, the court shall deal with an application (filed prior to
initiating a lawsuit) within 15 days. Proceedings on an Urgent Basis
The procedure can be conducted on an urgent basis if a legal provision so provides or if the president of the court so orders (sua sponte or upon request), especially if public interests and children’s rights are at stake. The National Judicial Council (a body oversee- ing the administration of courts) can also order that a case be decided on an urgent basis. Then by default, all procedural acts are to be taken immediately. The Code of Civil Procedure designates several procedural acts and decisions that need to be taken on an urgent basis (for example decisions on recusal or injunctive motions) as well as sev- eral types of lawsuit that need to be conduct- ed on an urgent basis (for example in matters related to personal status or certain labour law matters). If the court proceeds on an urgent basis, the rules on court recess (between 15 July and 20 August as well as between 24 December and 1 January) shall not apply.
5. Discovery 5.1 Discovery and Civil Cases
Hungary being a civil law jurisdiction, US-style pre-trial discovery does not exist. Generally, par- ties have the burden of persuasion and proof with respect to their statements of facts. There are, however, certain exceptions and procedural tools that are functionally comparable to certain
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