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Last update: 02-05-2007
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Service of documents - Slovakia

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TABLE OF CONTENTS

1. What does the legal term "service of documents" mean in practical terms? Why are there specific rules on the "service of documents"? 1.
2. Which documents need to be served formally? 2.
3. Who is responsible for serving a document? 3.
4. How is the document in practice normally served? 4.
5. What happens when in exceptional cases service to the addressee himself is not possible (e.g. because he is not at home)? 5.
6. Is there any written proof that the document has been served? 6.
7. What happens if something goes wrong and the addressee does not receive the document or the service is effected in violation of the law (e.g. the document is served to a third person)? Can the service of the document nevertheless be valid? (e.g. can violations of the law be remedied?) or must a new effort to serve the document be made? 7.
8. Do I have to pay for the service of a document? If so, how much? 8.

 

1. What does the legal term "service of documents" mean in practical terms? Why are there specific rules on the "service of documents"?

The reason why there are detailed procedural rules governing the service of documents (Code of Civil Procedure No 99/1963 and the Code of Administrative Procedure No 71/1967) is because it has serious procedural repercussions on the rights of the parties concerned. For example, only if correctly served can a judgment become final and have the binding effects on the legal relationships it concerns. Service, i.e. the legal requirement to deliver a document to the party it concerns, is directly connected with a court judgment becoming final.

2. Which documents need to be served formally?

Basically all documents sent to the concerned party by a court or administrative body are served formally. They may be served directly at the hearing, via a bailiff or by post. If the party to the proceedings is represented by a solicitor or other representative, any documents are delivered only to this representative. However, where the party concerned has to perform some action himself in the proceedings, any documents are delivered to him as well as to the representative. In certain circumstances a judgment may be served by being posted up on an official notice board. Where the law stipulates that a judgment is to be posted on an official notice board, on the fifteenth day from when it is posted up the judgment is deemed to have been served on any concerned parties whose identity and whereabouts are not known to the court.

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3. Who is responsible for serving a document?

The party who is serving it.

4. How is the document in practice normally served?

Documents are served at the hearing, by post, by a bailiff or by being posted up on an official notice board. Documents served by post may be sent by registered mail or delivered to the addressee in person. The court can serve the document itself, via a court distrainer, local authority body or police department or, in the cases stipulated under special rules, via the Ministry of Justice of the Slovak Republic. Service may be effected at the addressee's home, registered office (place of business), workplace or any other location where the addressee is found. Where stipulated by law or ordered by the court, documents must be handed to the addressee in person.

5. What happens when in exceptional cases service to the addressee himself is not possible (e.g. because he is not at home)?

Where a document must be handed over in person but the addressee is not found at the service location where he is meant to be, the party effecting service notifies the addressee by a suitable means that a second delivery attempt will be made at a specified time on a specified day. If the second delivery attempt is unsuccessful, the party effecting service deposits the document with the post office or local authority body and notifies the addressee accordingly by a suitable means. If the addressee fails to collect the document within three days, it is deemed to have been served on the third day, even where the addressee was unaware that it had been left for him to collect.

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Documents to be served on bodies or legal entities are delivered to the staff authorised to accept delivery of documents. If there are no such persons, documents that are to be handed over in person are delivered to the person authorised to act on behalf of the body or legal entity; other documents may be delivered to any staff member who will accept them.

If it is not possible to serve a document on a legal entity at the address of its registered offices given in the commercial register or other register in which it is entered and the court does not have any other address for it, the document is deemed to have been served three days after it has been returned to the court undelivered, even where the person authorised to act on behalf of the legal entity is not aware of this.

If it is not possible to serve a document on an individual authorised to trade at the address of their registered offices given in the commercial register or other register in which they are entered and the court does not have any other address for them, the document is deemed to have been served three days after it has been returned to the court undelivered, even where the individual authorised to trade is not aware of this.

Documents to be served on a lawyer may also be delivered to articled clerks or other staff working at the lawyer's office and authorised by him or her to accept deliveries.

Documents to be served on a notary may also be delivered to trainee notaries or other staff working at the notary's office and authorised by him or her to accept deliveries.

Documents to be served on a court distrainer may also be delivered to trainee distrainers or other staff working at the distrainer's office who can demonstrate that they are authorised to accept deliveries.

6. Is there any written proof that the document has been served?

Where a document is personally served, the addressee signs for it on the postal receipt acknowledgment document, which is then returned to the court.

7. What happens if something goes wrong and the addressee does not receive the document or the service is effected in violation of the law (e.g. the document is served to a third person)? Can the service of the document nevertheless be valid? (e.g. can violations of the law be remedied?) or must a new effort to serve the document be made?

If the document does not reach the addressee, the court is notified by the post office that it was undeliverable. A second attempt is made to serve the document, which may involve the court trying to find another address for the addressee. If the document is again returned as undeliverable, it is deemed to have been served by default. If a document is served in violation of the law, the service is not valid and the document must be served again.

8. Do I have to pay for the service of a document? If so, how much?

No, you do not have to pay for service of a document.

« Service of documents - General information | Slovakia - General information »

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Last update: 02-05-2007

 
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