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Last update: 06-06-2006
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Bringing a case to court - Slovenia

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This page is now obsolete. The original language version has been updated and moved to the European e-Justice Portal.


Imagine a situation in which you are in dispute with a company, a professional person, your employer, a member of your family or somebody else in your own country or abroad. In order to solve this problem, you ask yourself a number of questions:



 

TABLE OF CONTENTS

1. Do I have to go to court? 1.
2. Am I still in time to bring a court action? 2.
3. Am I sure that I should go to a court in Slovenia? 3.
4. If yes, which particular court should I go to in Slovenia, given where I live and where the other party lives, or other aspects of my case? 4.
5. Which particular court should I go to in Slovenia, given the nature of my case and the amount at stake? 5.
6. Can I bring a court action by myself or do I have to ask an intermediary, such as to be represented by a solicitor? 6.
7. Who exactly do I apply to: to the reception office or the office of the clerk of the court or any other administration? 7.
8. In which language can I make my application? Can I do it orally or does it have to be in writing? Can I send my application by fax or by e-mail? 8.
9. Are there special forms for bringing actions, or, if not, how must I present my case? Are there elements that have to be included in the file? 9.
10. Will I have to pay court charges? If so, when? Will I have to pay a lawyer right from the introduction of my application? 10.
11. Can I claim legal aid? (see under Legal aid11.
12. From which moment is my action officially considered to have been brought? Will the authorities give me some confirmation that my case has been properly presented? 12.
13. Will I have detailed information about the timing of subsequent events (such as the time allowed for me to enter an appearance)? 13.

 

PRELIMINARY QUESTIONS BEFORE BRINGING A CASE TO COURT

1. Do I have to go to court?

Perhaps it would be better to resolve the dispute by alternative means. See under Alternative dispute resolutions.

2. Am I still in time to bring a court action?

The deadlines for bringing a court action depend on the nature of the case. A legal adviser or the legal aid service can clarify questions relating to deadlines and limitation periods.

3. Am I sure that I should go to a court in Slovenia?

See under "Jurisdiction of the courts".

4. If yes, which particular court should I go to in Slovenia, given where I live and where the other party lives, or other aspects of my case?

See under "Jurisdiction of the courts - Slovenia".

5. Which particular court should I go to in Slovenia, given the nature of my case and the amount at stake?

See under "Jurisdiction of the courts - Slovenia".

STEPS TO FOLLOW TO BRING A CASE TO COURT

6. Can I bring a court action by myself or do I have to ask an intermediary, such as to be represented by a solicitor?

In Slovenia parties may bring a court action themselves, except in procedures involving extraordinary legal remedies, where they may take legal action only through an intermediary who is a solicitor.

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7. Who exactly do I apply to: to the reception office or the office of the clerk of the court or any other administration?

The application may be sent to the court with jurisdiction by post or delivered direct to its reception office.

8. In which language can I make my application? Can I do it orally or does it have to be in writing? Can I send my application by fax or by e-mail?

The official language of courts in Slovenia is Slovenian. However, in areas where there is a Hungarian or Italian ethnic minority, Hungarian or Italian also operates as an official language alongside Slovenian. The application must be drawn up in Slovenian and signed by the applicant himself/herself. This means that the application must be made in writing.

9. Are there special forms for bringing actions, or, if not, how must I present my case? Are there elements that have to be included in the file?

In Slovenia an application does not necessarily have to be made on a special form, but it must by law contain certain elements: a reference to the court, the parties’ names and permanent or temporary residence, the names of the legal representatives or agents, a specific request setting out the main subject of the case and the party’s claims, the facts supporting the applicant’s request, evidence substantiating those facts, the amount in dispute and the applicant’s signature.

10. Will I have to pay court charges? If so, when? Will I have to pay a lawyer right from the introduction of my application?

Court charges must be paid on the bringing of an action, on the delivery of a court decision at first instance, on the lodging of an appeal and on the delivery of a court decision at second instance; they are payable at the time when liability for the charge is incurred. The costs of court proceedings are covered by the unsuccessful party in the case. The time-limit for repayment of the solicitor’s costs depends on the individual agreement between the party and the solicitor.

11. Can I claim legal aid? (see under Legal aid)

FOLLOW-UP

12. From which moment is my action officially considered to have been brought? Will the authorities give me some confirmation that my case has been properly presented?

An action is deemed to have been brought when it is received by the court that has jurisdiction. Where it is sent by registered post or by telegram, the date of posting is taken as the date of delivery to the court to which it is addressed. The applicant does not automatically receive confirmation that the action has been brought.

13. Will I have detailed information about the timing of subsequent events (such as the time allowed for me to enter an appearance)?

Where events are tied to preclusive deadlines, the court warns the party in writing and attaches a legal notice explaining the consequences if the party fails to follow the court’s instructions.

Further information

« Bringing a case to court - General information | Slovenia - General information »

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Last update: 06-06-2006

 
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