Decree of the Ministry of Justice No. 482 / 2000 Coll.

Decree of the Ministry of Justice amending Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended

Valid Order Effective from 01.01.2001
482
DECLARATION
Ministry of Justice
of 18 December 2000
amending Decree No. 37 / 1992 of the Ministry of Justice Coll., on Rules of Procedure for District and Regional Courts, as amended
The Ministry of Justice shall determine, pursuant to Section 391a of Act No. 141 / 1961 Coll., on criminal proceedings of judicial (criminal order), as amended, pursuant to Section 374 of Act No. 99 / 1963 Coll., Civil Code, as amended, pursuant to Section 20 of Act No. 189 / 1994 Coll., on senior judicial officers, and under Section 71 (a) of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, as amended by Act No. 105 / 2000 Coll.:
Čl. I
Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended by Decree No. 584 / 1992 Coll., Decree No. 194 / 1993 Coll., Decree No. 246 / 1995 Coll., Decree No. 278 / 1996 Coll. and Decree No. 234 / 1997 Coll., are amended as follows:
1. In Article 1, the words "created by the Chambers (self-judges) 'are replaced by the words" created by individual chambers and by self-judges'.
2.
„§ 2
Schedule of work
(1) The schedule of work shall be issued by the President of the Court no later than the end of each year for the next calendar year.
(2) The work schedule must always include:
(a) specifically designated judges and senior judicial officers who will be present in the various judicial departments;
(b) the manner in which cases are divided between the various judicial departments;
(c) the representation of the various judicial departments in the event that, in the designated department, the case cannot be dealt with and decided on account of the long-term absence of a judge or the exclusion of a judge, or for other reasons provided for by law,
(d) to represent senior judicial officers working in each judicial department in the event that they are unable to carry out acts in the case on grounds of long-term absence or exclusion or for other serious reasons.
(3) The method of dividing cases between individual judicial departments shall be such that, at the latest on the date on which the case was brought to the court, there shall be no doubt, without recourse to registers or other evidence of the court to which the judicial department belongs.
(4) The modification of the schedule of work shall be effective from the date of its issue, unless its later effectiveness has been established.
(5) The schedule of work for the next calendar year or the amendment of the schedule of work shall be without prejudice to the division of cases and, where possible, to the classification of judges in individual judicial departments before their effectiveness. ';
3. The following Section 2a is inserted after Section 2:
„§ 2a
(1) If the case cannot be discussed and decided by any Chamber or a single judge designated by the schedule of work referred to in Article 2, the President of the Court shall assign the case to another Chamber (self-Judges); It shall proceed mutatis mutandis if no senior judicial officer designated by the schedule of work is able to act on the matter.
(2) If a sudden obstacle prevents a judge or a senior judicial officer from carrying out individual acts, the President of the Court shall determine who shall carry out the necessary acts instead. "
4. In Section 4, the word "workers' is replaced by the word" employees'.
5. In Paragraph 5 (1), "workers' is replaced by" employees'.
6. In Article 5 (2), the word "worker 'is replaced by" employee'.
7. in Article 6 (1) (e), a comma shall be added after the words "with the performance of the link," and the words "with regard to the obligation to pay the costs of the injured party" shall be inserted.
8. Paragraph 6 (2) reads as follows:
"(2) The President of the Court may entrust judicial candidates and judicial secretaries to carry out, in cases pending in civil proceedings, the following simple acts in accordance with the law on judicial proceedings to the President of the Chamber (self-Judges):
(a) drawing up simple submissions, including proposals;
(b) the handling of requests in simple cases, except for requests in contact with a foreign country;
(c) action to remedy the procedural defects referred to in Article 43 of the Civil Code (hereinafter referred to as "o.s.),
(d) the procedure for determining paternity by a declaration of parental agreement;
(e) acts in preparation for negotiations under § 114a o. s. o.
(f) the application of the files of the defendant's administrative authority pursuant to § 250d o. s., the notification of a copy of the action to the defendant and the order to the defendant to comment on the content of the application pursuant to § 250e o. s., and the request for observations on the possible hearing of the case without the regulation of the hearing pursuant to § 250f (2) o. s.
(g) decisions on exemption from judicial fees pursuant to § 138 o. s., if not decisions at the hearing,
(h) decision-making on judicial fees, if not decision-making at the hearing;
(i) decision to return advances lodged in civil proceedings;
(j) decision-making in proceedings for applications for a payment order, if expressly the issue of a payment order was proposed in the application;
(k) actions and decisions in the proceedings for the inheritance, not as regards the provisions of the inheritance administrator or part thereof pursuant to § 175e (4) (b), the procedure under § 175k (c), the transfer of the overindebted inheritance to creditors for the payment of debts under § 175p (1) (d), the liquidation of the inheritance under § 175t (s), the schedule of proceeds of the exploitation of the deceased's assets under § 175v (s), the withdrawal of the property under § 175zb (1) (c), the return of the estate under § 175zd (c), the general price of which is higher than CZK 5 million, the inheritance situated abroad, or the inheritance after the deceased who lived abroad,
(l) acts in the matters of minors, in the matters of determination as to whether the consent of the child's parents to adopt them is necessary, in the matters of custody of persons deprived of legal capacity and persons absent or unknown, and in those matters, in order to prepare the decision of the Judge delivered without hearing;
(m) action and decision-making in the storage procedure;
(n) acts and decisions in the instrument-cleaning procedure;
(o) the processing of simple matters of the Commercial Register, the Endowment Register and the Register of Public Beneficial Companies (hereinafter referred to as the Register);
(p) issuing official copies, extracts or certificates;
(q) acts of the court pursuant to § 260 (2) o. s.
(r) acts in respect of the declaration of the property of the debtor, with the exception of the procedure laid down in § 260e o.s.,
(s) the enforcement of decisions by withholding wages, ordering claims or selling movable property, with the exception of the deferral of the enforcement of decisions pursuant to § 266 CS and the cessation of enforcement of decisions pursuant to § 268 (1) (g) and (h) CS,
(t) bankruptcy and settlement proceedings, with the exception of negotiations and with the exception of the resolution on the declaration of bankruptcy, the rejection of the application for bankruptcy, the order on the cancellation of bankruptcy and the timetable order;
(u) bills and cheques protests. ';
9. Paragraph 6 (3) is deleted and paragraphs 4 to 9 are renumbered paragraphs 3 to 8.
10. in Article 6 (4), the word "workers" shall be replaced by "employees."
11. in Article 6 (6), the word "worker" shall be replaced by the word "employee" and the words "paragraphs 1 to 3 and 6" shall be replaced by "paragraphs 1, 2 and 5."
12. in Article 6 (8) (c), the words "power of attorney and clause" shall be inserted after the word "clause" and the dot shall be replaced by a comma.
13. in Article 6 (8), the following point (d) is added:
"(d) notify the competent cadastral office that an application has been made for the enforcement of a decision by the sale of a property or an application for enforcement by the establishment of a judicial lien on immovable property.";
14.

„ČÁST TŘETÍ

Inspection of judicial files and the Commercial Register
§ 8
The court may be consulted and the copies and extracts may be obtained from the court in official hours under the supervision of the authorised court staff. The rooms designated for this purpose shall be clearly marked and indicated on the court's indicative board. ';
15. The title of Part Four is: "Preparation of proceedings, proceedings and other acts of the Court."
16. In the first sentence of Paragraph 10, the words "or in which judgment shall be given 'shall be inserted after the words" on the same day'.
17. In the second sentence of Paragraph 10, the words "the competent judicial department, the name, surname and academic titles of the members of the Chamber (self-judge) 'shall be inserted after the words" the indication';
18. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) Before the opening of the hearing, labels indicating the names, surnames and academic titles of the Judges and the adversaries who discuss the matter and the name and surname of the Registrar shall be visibly placed at the places designated in the Chamber's Chamber of Procedure (self-Judge) and the minutes shall be kept there throughout the hearing. ';
Paragraph 2 shall become paragraph 3.
19. in Article 13 (7), the words "to legal representatives" shall be replaced by the words "to representatives or agents."
20. In the second sentence of Article 15 (1), the words "with all its items' shall be inserted after the words" the Chamber '.
21. Paragraph 16 (2) reads:
"(2) Following the publication of the operative part of the judgment, the President of the Chamber (self-judge) shall invite the persons present to sit down and, on his own initiative, shall state the reasons for the judgment, instruct the parties of the appeal and the possibility of enforcement of the judgment and, as a rule, invite the parties to state whether they are giving up the appeal against the judgment. In the case of criminal proceedings, the President of the Chamber shall instruct the persons entitled to appeal and invite them to express whether they are waiving the right of appeal against the judgment given, or to lodge an appeal, or whether they retain the legal period of time for the appeal to be lodged, where appropriate, upon receipt of the written copy of the judgment. ';
22. in Article 16 (3), the words "statement of reasons" shall be deleted and the words "sitting" shall be added after the words "sitting"; and that the resolution on the management of proceedings need not be justified. "
23. Paragraph 18, including the title, reads:
„§ 18
Recruitment of the interpreter
If the court determines the interpreter, the interpreter may also be a writer. This circumstance shall be noted in the Protocol. '.
24.
„§ 19
Summoning certain persons to court
(1) Soldiers in active duty are called to trial by their commander. If the unit in which the soldier is on duty is not known, it shall be summoned through the relevant territorial military administration.
(2) A person in the execution of a prison sentence or in custody shall be summoned and shown through the competent authority of the Prison Service. Where the person referred to is in custody of another case, the request shall be accompanied by the written consent of the competent law enforcement authority with the presentation.
(3) A person in constitutional care who has been placed in it without his or her consent or who is in it for reasons for which he or she could have been placed without his or her consent shall be summoned through the Institute (medical establishment), which shall also ensure its presentation. If the safety of the staff of the Institute (health care establishment) so requires, the Institute (health care establishment) shall itself take measures to ensure the safety of its staff when demonstrating a person in constitutional care. ';
25. Paragraph 20, including the title, reads:
„§ 20
Proceedings of the Court in the preparation of proceedings
Where it appears that, in accordance with the procedure laid down in Article 114a (2) (a) to (c) CS, the proceedings cannot be prepared in such a way as to enable the matter to be decided in a single hearing, the President of the Chamber (self-Judge) may, in accordance with the procedure laid down in Article 114a (2) (a) to (c) CS, call upon all parties and their representatives or agents to appear before the court, provide them with the necessary lessons and invite them to fulfil their procedural obligations, in particular to complete their earlier statements of fact and to make proposals for the performance of the evidence or, where appropriate, to be heard by the parties, to provide reports of facts of relevance to the proceedings and decisions, to establish experts and to carry out other similar measures. '
26. In Paragraph 21 (2), the word "worker 'is replaced by" employee'.
27. in Paragraph 21 (3):
"(3) If, at the hearing on which the Protocol is drawn up in accordance with paragraph 2, a reconciliation has been concluded, the parent's agreement on the education and nutrition of a minor child, the agreement on contact with a minor child, the agreement on settlement of the inheritance or the agreement on the transfer of the overpaid inheritance to pay off debts, the President of the Chamber shall prescribe its text in the record. At the same time, at the hearing, an annex to the Protocol relating to the hearing, which contains the description of the court, the file number of the case in question, the date, the full text of the conciliation or agreement and the signatures of the President of the Chamber (self-Judge), the parties to the conciliation or agreement and the Registry, if it has been invited to make it. The Annex shall be permanently attached after the transcription of the negotiating protocol. ';
28. In Paragraph 21 (4), the second sentence reads: "At the same time, an annex to the Protocol on the hearing, which contains the description of the court, the file number of the case in question, the date, the full text of the declaration of recognition of the defendant and the signatures of the President of the Chamber (self-judge), the defendant and the Registrar must be drawn up at the same time, provided that he has been invited to the document."
29. in Paragraph 21 (7):
"(7) The voting protocol may be opened only by the President or by a member of the Chamber which is an appeal against a decision the adoption of which has been drawn up. After consultation, the voting protocol shall be immediately sealed and stamped with a round official stamp of the court in which it was opened and the signature of the Judge who carried out these acts. ';
30. The following paragraph 9 is added to Section 21, including footnote 1:
"(9) A special protocol shall be drawn up on the instruction which the President of the Chamber (self-judge) is required to provide to ensure the secrecy of classified information under the Special Law (1) and on the criminal consequences of breaches of classified information, and, if criminal proceedings are carried out, shall be recorded in the Protocol; the procedure referred to in paragraph 2 is excluded. The record or record shall also include the names and surnames, occupation, employer and residence of all persons to whom the instruction has been given. The Protocol shall be signed by the President of the Chamber (self-Judge), the person instructed and the Registrar who has been invited to make it.
1) Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended. '
31. the words "or guardian" shall be inserted after the word "guardian."
32. In Paragraph 25 (2), the second sentence is deleted and in the first sentence, the words "these copies may be drawn up by the court on the part of the participant 'are replaced by the words" copies shall be drawn up by the court and the parties shall be charged a judicial fee in accordance with the special law (1a)'.
Footnote (1a):
"(1a) entry 24 of Annex No 1 to Act No. 549 / 1991 Coll., on judicial fees, as amended."
33. The following Sections 28a to 28g are inserted after Section 28, including the headings:

„ČÁST PÁTÁ

Service
§ 28a
Service at the hearing or other judicial action
(1) Where a court delivers a document at the hearing or at any other judicial action, this shall be indicated in the record of the hearing or in a report drawn up on another judicial act.
(2) The record shall indicate who has carried out the service, what document has been served and how the identity of the addressee or of the person who has taken over the document addressed to him has been established. The record shall be signed by the person who carried out the service and by the addressee or, where appropriate, by the person who took over the document for him.
Service outside court acts
§ 28b
(1) If the document has not been served at the time of the hearing or at any other judicial action, it shall be submitted to service by the service of the court or judicial guards or through the holder of a postal licence or through a police authority (hereinafter referred to as "the service provider").
(2) The service of documents through the Ministry is governed by specific legislation.
(3) Cases in which a document may be served through a police authority are laid down in specific legislation.
§ 28c
(1) Where a document of service of a document is required for proceedings before a court, the judicial department shall forward the document to the judicial service or the judicial authority of the judicial guard or the police authority, indicating its service on the service which it attaches to it. Where a document is submitted to be served by the holder of the postal licence, the court shall lodge the document with the holder of the postal licence as a consignment with the receipt.
(2) If the document is to be delivered into its own hands, the note "into its own hands" shall be indicated on the service. Where replacement service is excluded, the note "replacement service is excluded" shall also appear on the receipt. If an hour and a minute of service are also to be indicated on the receipt, the note "exact time of service 'shall be marked on the delivery.
(3) Legal persons, state bodies, state authorities, lawyers, notaries, notaries, notary alternate, municipalities and higher local authorities are delivered outside working days and generally between 9 and 15 hours. Service to natural persons shall be carried out by the delivery service provider outside working days and generally between 15 and 22 hours; in justified cases, documents may also be served on working days.
§ 28d
(1) Unless otherwise specified, the service shall include the name of the document to be served, the date of service, the name of the service provider and its signature, and, where appropriate, the official stamp, the name of the person who took over the document and its signature.
(2) When the order on the enforcement order is served, an hour and a minute of service shall also be indicated on the delivery order by ordering an account receivable from the money institution, by ordering other cash claims and the impairment of other property rights.
(3) Where a document has been lodged, the service card must bear the name of the document served, the name of the service provider and its signature, and, where appropriate, the official stamp and the date of deposit.
(4) If the addressee or, where appropriate, the person entitled to take over the document, accept the document, the service provider must bear the name of the document served, the name of the service provider and its signature, and, where appropriate, the official stamp, the date on which the receipt of the document was refused and an indication that the information on the consequences of the refusal to accept the document had been provided (§ 50 ° C, § 64 (2)). The service shall also indicate the reasons for the refusal to accept the document.
§ 28e
(1) A document may be delivered to a natural person not only at the designated place of service, but also at any other known address or wherever it is found.
(2) If the natural person or legal person at the place of service has not been contacted, the service provider shall carry out the usual investigation at the place of arrival as to whether he is staying there; the result of the investigation shall be stated briefly on the delivery note or on the consignment. If the bearer finds that the natural person or legal person at the place of service is not staying and that no other address or other place of service is known, he shall return the document with a report to the court.
(3) If the addressee has not been contacted and the replacement service of the document is inadmissible according to the indicated note, the service provider shall return the document with the report of the court.
§ 28f
(1) The carrier shall deposit the document if:
(a) the natural person has not been contacted at the place of delivery, although he is staying there, and it has not been possible for the service to be effected at another place or other person, if it is for service pursuant to § 46 ° N,
(b) the legal person is present at the designated point of service, but no one has been found to be entitled to take over the document for it, if it is for service pursuant to § 47 ° N,
(c) the lawyer and any other person who would be entitled to take over the document for him were not in contact at the designated place of service, if it is for service pursuant to § 48b.
(d) a notary, a representative of a notary or an alternate of a notary, or any other person entitled to take over the document for him, if it is for service pursuant to § 48c ° s.
(2) If the service provider imposes a document, he shall leave at the place of service of the addressee an invitation to collect the document. The invitation shall include an indication of who the addressee is, an indication of the document served, with whom, where and on which date the document has been deposited and by when and at what time it may be collected.
(3) Where a document is collected by the addressee or, where appropriate, by the person authorised to take over the document, the name of the person who has transmitted the document and the signature thereof and, where appropriate, the official stamp thereof shall also appear on the letter and the signature thereof. Where a document has not been collected until after the expiry of the date on which it is deemed to have been received, the person who took over the document shall be informed of the date on which the document is deemed to have been received.
(4) If the document is not collected by the addressee or, where appropriate, by the person authorised to take over the document, within 5 days of the date on which the consignment is deemed to have been delivered, the document shall be returned to the judicial department which submitted it for service.
§ 28g
Service in certain specific cases
(1) Persons in the execution of a custodial sentence or in the custody of a document shall be served by a judicial service provider or judicial guard. If the nature of the document served so permits, the court may request notification by the competent authority of the Prison Service. Specific provisions shall specify when such persons shall be served through the competent police authority.
(2) Persons who are located in establishments for the exercise of constitutional or protective education may also be served through the institution concerned.
(3) A document addressed to the person enjoying diplomatic privileges and immunities, or to the person in his apartment, or to whom the document is to be served in a building or room protected by diplomatic immunity, shall be submitted to the Ministry for further action.
(4) If it is not possible to deliver the document to the soldiers in active duty, it shall be delivered through the relevant local military administration.
(5) Unless otherwise possible, the document shall be delivered via the Ministry of Interior to the police officer. '
Parts five to sixteen shall be referred to as parts six to seventeen.
34. in Paragraph 29 (2), the words "clean" and "clean" shall be deleted;
35. in Paragraph 30 (2):
"(2) The participant shall be reimbursed for actual, effective and economical travel expenses by public mass transport. Where a participant in its own motor vehicle has been used, it shall be reimbursed in accordance with a special legislature.6) '.
36.
„§ 32
Expensive and dormant belong to the participant under special legislation.6) '.
37. in Paragraph 34 (1), the words "preliminary trustee" shall be inserted after the words "trustee," and the words "trustee" shall be deleted;
38. in Paragraph 34 (2):
"(2) When selecting the administrator referred to in paragraph 1, the court shall ensure that the nature of the case is proportionate to its ability. ';
39. The following Sections 34a to 34e are inserted after Section 34:
„§ 34a
The insolvency administrator (hereinafter referred to as "the trustee ') shall indicate separately in the list of claims applied for in bankruptcy proceedings claims with the right to separate satisfaction (Section 28 of Act No. 328 / 1991 Coll., on bankruptcy and settlement, as amended, (hereinafter referred to as" bankruptcy and settlement law'), claims of the first class (Section 32 (4) of the bankruptcy and settlement law) and claims of the second class (Section 32 (4) of the bankruptcy and settlement law).
§ 34b
(1) In the written call for the exercise of the contested insolvency claim (Section 23 (4) of the bankruptcy and settlement law), it must be stated to whom it is addressed, who is responsible, who is involved in the bankruptcy proceedings (the designation of the insolvency court, the court which declared the bankruptcy and the file under which the bankruptcy proceedings are held in that court), and it must be signed and dated. In addition, the invitation must include the name, surname and residence (if it is a legal person, its trade name or name, registered office and identification number) of the opposing coach creditor, an indication of the amount of the claim applied for and whether the insolvency creditor denied it as authenticity, amount or order. In the case of a claim denied up to and including the amount, the notice shall state the amount to which the insolvency creditor has denied it, and in the case of a claim denied in the order in which the notice shall state the order of the claim according to the opposing insolvency creditor.
(2) The invitation shall also contain a reference to the fact that, if the insolvency creditor whose outstanding claim has been denied, within 30 days of the receipt of the call in the court which declared the bankruptcy, the insolvency administrator and all the contesting insolvency creditors fail to bring an action for the determination of the authenticity, amount or order of the claim, the claim denied in its authenticity shall no longer be taken into account in the bankruptcy proceedings; the claim denied up to the limit shall be deemed to have been established only in respect of the amount which has not been denied and the claim denied in the order in which it shall have the order which the opposing insolvency creditor has given in the denial. The invitation must also state that the insolvency creditor whose outstanding claim has been denied may rely only on the legal ground set out in the application or in the review proceedings and may apply the claim only to the above mentioned in the application (Section 23 (2) of the bankruptcy and settlement law), as well as the instruction provided for in Section 24 (4) of the bankruptcy and settlement law.
§ 34c
(1) Once the court has served the administrator with a copy of the application, including the annexes, the administrator shall base a separate file on each copy of the application together with the annexes thereto. The administrator shall also record in this file all the acts which he has carried out in the case and include in it documents of service of documents.
(2) After five months from the legal authority of the order to cancel the bankruptcy, the administrator shall shred copies of the documents and invite those to whom the original documents belong to collect them within a period of 30 days, informing them that, after the expiry of that period, it shall shred the documents. If an appeal or an action for confusion has been brought against the order for annulment, the administrator shall not carry out such action until after the relevant proceedings have been completed and only if the contested order has not been annulled.
§ 34d
By the end of the period referred to in Article 13 (2) (c) of the bankruptcy and settlement law, the administrator shall notify the competent court where and when the participants are entitled to consult it in the list of claims they have applied for and in the documents relating to such claims.
§ 34e
(1) If the administrator delivers the document relating to the bankruptcy or settlement proceedings in person, he shall have the status of a service provider.
(2) Documents delivered by the postal licence holder shall be sent by the administrator where proof of service of the document is needed for the bankruptcy or settlement proceedings, such as a registered consignment with the receipt and the note "to his own hands'.
(3) If the administrator fails to deliver the document in person or through the holder of the postal licence, he may request the service of the court in which the insolvency or settlement proceedings are conducted. ';
40. Paragraph 40, including the title, shall be deleted.
41. in Paragraph 45 (1), the word "worker" is replaced by the word "employee."
42. In Paragraph 45 (2), the first sentence is replaced by "workers' and in the second sentence the word" individual 'is replaced by "simple' and" workers' by "employees'.
43.Paragraph 46 (2) reads as follows:
"(2) The executors shall in particular carry out the following actions:
(a) a tour of the debtor and a tour of his rooms, closets and other containers (§ 325a o.s.);
(b) an inventory of movable goods (§ 326 o. s.);
(c) the sale of goods which are rapidly spoiled, outside the auction (§ 326b o. s.);
(d) the provision of written items (§ 327 (1) and (2) o. s. s.);
(e) an indication of the items which have not been secured (§ 327 (3) o. s. s.);

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Regulation Information

CitationDecree of the Ministry of Justice No. 482 / 2000 Coll., amending Decree of the Ministry of Justice No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation29.12.2000
Effective from01.01.2001
Effective until-
Status Valid
The regulation text is for informational purposes only.
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