Main provisions of government decree No. 74/2020 (III. 31.) on certain procedural measures in force during the state of emergency
- Differing provisions concerning the delivery objection and justification of omission:
– Concerning the delivery during the state of emergency, the statutory time limit for filing a delivery objection as well as the statutory time limit for filing an application for justification of an omission during the state of emergency, does not include the duration of the state of emergency.
- Differing rules concerning the payment order procedure act:
– Until the cessation of the state of emergency the executional delivery of payment orders may not take place, the time limit for the delivery shall restart on the day following the cessation of the state of emergency.
- Differing rules concerning the company registry and the court registry of civil organizations:
– The Company Information and Electronic Company Procedure Service may provide company information and other services only in electronic way.
- Differing rules concerning the old and new Civil Procedure Act:
– The state of emergency does not affect the running of the deadlines.
– The preparatory stage as per the new Civil Procedure Act shall be conducted without holding a hearing, the court shall not hold a preparatory hearing not even at the request of the parties. If necessary, the parties may be invited to submit further written statements. If the personal audition may not be omitted, the statement shall be obtained using an electronic device that makes the personal identification possible.
– The substantive hearings under the new Civil Procedure Act, and all hearings under the old Civil Procedure Act, if possible, shall be held by means of an electronic communications network or other means of electronic image and sound transmission. If the technical conditions for doing so are not provided, the court will obtain the statements for the hearing either in writing or by using an electronic device allowing the personal identification.
– If, however, there is a procedural act which cannot be carried out in this way, the court will postpone it as far as possible. If the postponement is not possible, the time until the obstacle has been removed or the state of emergency has ceased is not included in the time limits.
– The lawsuit may be stayed unlimited times at the joint request of the parties.
– If the court orders interim measures, if so requested, prior to the initiation of the proceedings, the time limit for initiating proceedings, set by the court, shall begin on the day following the cessation of the state of emergency. During the handling of the interim measures, the parties may only be called to make written statements.
– The first instance court even if otherwise provided by law, be composed of one professional judge.
– The court settlement may, after the parties have been called for statements, approve the settlement agreement by its order out of hearing.
– In appeal and judicial review procedures, the parties may not request a hearing and may decide to settle the dispute out of hearing in the case of a hearing already set based on a previous application.
– These provisions shall apply to civil non-litigious judicial proceedings as well, with the exception of the non-litigious nature of the procedure, unless the regulation provides otherwise.
- Differing provisions concerning non-litigious notarial procedures
– The state of emergency does not affect the running of the deadlines.
– Right to access to file shall not be exercised personally, there is no opportunity for personal audition.
– Reading of notarial instrument – except for the notarial instrument containing disposition of property upon death – and completion of the notary’s information obligation may be performed via telecommunication devices capable of maintaining continuous audio and video connection.
– In succession proceedings the date of hearing shall not be set during the state of emergency. The notary shall postpone setting the date of hearing the date of the cessation of the state of emergency. In the lack of disposition of property upon death and in some further cases, succession may be released without hearing during the state of emergency, except in the cases listed in section 43/C. § (5) of the Inheritance Procedure Act.
– The National Chamber of Notaries of Hungary shall ensure
a) assistance in making public will,
b) the deposition of will,
c) the operation of the credit guarantee register,
d) the functioning of the system necessary for the management of payment orders.
- Differing provisions concerning the administrative judicial proceedings
COMMENT: As of 31 March, the administrative and labour courts were abolished, in administrative proceedings at the first instance eight designated metropolitan courts will be the competent courts from 1 April. In those proceedings in which the Budapest Administrative and Labour Court had exclusive jurisdiction (for example in visa and statelessness cases), the Capital Metropolitan Court will be the competent court. In labour proceedings at the first instance the competent metropolitan court and at the second instance the Budapest Regional Court will act.
– The state of emergency does not affect the running of the deadlines.
– In case of necessity of personal hearings, the statements shall be obtained in writing or by using electronic devices allowing personal identification.
– During the state of emergency, the court acts out of hearing. If hearing should be held outside the state of emergency, the plaintiff may request the court to postpone the hearing after the date of the cessation of the state of emergency instead of deciding out of the hearing, if
a) the court has not ordered the suspensory effect of the administrative act at least partially,
b) bringing of the action has suspensory effect and the court has not ordered the termination of suspensory effect,
c) the court has not ordered interim measures.
– Procedural acts may be conducted by similar methods (preferably by electronic means) as in the civil litigious and non-litigious proceedings.
– The court brings its jurisdiction outside the hearing, court settlement can be approved outside the hearing.
- Differing provisions concerning attorney’s act:
– Attorney activity can be exercised without making an actual oath. Oath can be made after the termination of state of emergency.
- Provisions concerning the exceptional judicial postponement started on 15 March 2020:
– In the civil litigious and non-litigious proceedings and in the administrative litigious and non-litigious proceedings, and in other administrative judicial proceeding, if the deadline expires in a period between the order of exceptional judicial vacations (15 March 2020) and the 15th day after present decree entered into force, the deadline extends until the 30th day after present government decree entered into force (30th of April).
– In the same proceedings, if the interruption of proceedings was determined with reference to the exceptional judicial postponement introduced by the Government Decree no. 45/2020 (III.14.), the interruption of proceeding terminates upon entering this government decree into force. After present government decree enters into force, decision on interruption shall be made in accordance with the legal provisions applied with the differing provisions of this decree.
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