IOur Law firm has extensive experience in the field of legal representation in civil litigations since we are involved in several hundreds of procedures a year. We represent our clients both in their own (plaintiff) and in the proceedings initiated against them (defendant). In both cases, first we present our clients with the possibilities, the expected duration, the costs, the possible tasks and the difficulties that await the legal representative or the client in the course of the procedure, so that our client can make a deliberate decision. In the possession of all these information our clients as plaintiffs can consider what type of lawsuits to initiate, and as defendants they can consider to what degree and depth they intend to take part in the procedures. However, it is important to point out that in civil litigation our primary objective is to reach an agreement between the parties, preferably an out-of-court settlement.


 

Sections of litigations



Procedures at first instance


At the commencement of proceedings, the parties shall act before the court of first instance. From January 1, 2018, the Act CXXX. of 2016. on the Code of Civil Procedure (hereinafter referred to as “Pp.") significantly changed the usual procedural structure. It is important to know that the so-called „perelőkészítő szak” (which could be translated as preparatory stage) is a new phase in which the parties only communicate with the court in writing. Compared to the previous rules, the new provisions of the Pp. requires a lot more and more concentrated work from both legal representatives and litigant parties, because at this point all the statements, evidences, motions and legal arguments must be presented in a short time. We want to emphasize this clearly because, as a plaintiff, this means that before any lawsuit is initiated, all evidence must be obtained, otherwise there is a great chance that the procedure will not succeed. The preparatory stage is followed by the substantive trial section, which is known to be before the court, and at the end of the proceedings the court will return a verdict.



Procedures at second instance


If one of the litigants is dissatisfied with the verdict of the court of first instance, it may lodge an appeal within 15 days. It is important to know that to lodge an appeal, procedural duty must be paid, most cases in advance. Of course, we also inform our Clients of the actual amount of this before making the decision to appeal. After the appeal has been filed, the court sends the documents to the opponents, who are entitled to a so-called cross-appeal (that is, although they have not previously appealed but still decides to do so) or to file a counter petition regarding to the appeal. After all this, the court of second instance usually decides on a single hearing and makes the final and binding judgment.



Extraordinary remedies


In some cases, there is a possibility of using extraordinary remedies in the event of a final and binding judgement, the most well-known forms of extraordinary remedies are applying for review and motion for new trial. If there is a possibility of these extraordinary remedies, we inform our clients about all the necessary details, the costs and the expected length of the procedure, so our clients are able to make the right decision.

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