Other proceedings in Civil Cases

Other proceedings in Civil Cases

In addition to extraordinary appeal proceedings, the Supreme Court also decides other cases that are within its jurisdiction under the Rules of Civil Procedure or other legislation.

Such cases concern in particular:

1. Jurisdiction disputes between courts. These include both disputes between courts over subject matter jurisdiction (Section 104a of the RCP) and disputes between courts over territorial jurisdiction (Section 105 of the RCP).

2. Motions for removal and referral of a case, if the court having jurisdiction cannot hear the case because its judges are disqualified or if it appears to be appropriate (Section 12 of the RCP). The Supreme Court decides on the removal and referral of a case between High Courts or between Regional Courts or District Courts, if both such courts are located within the jurisdiction of two different High Courts).

3. Disqualification of judges from the hearing and deciding of a case, if there is a reason to call into question their impartiality (Section 14 et seq. of the RCP). In such a case, the Supreme Court decides on disqualification of judges of High Courts or on disqualification of judges of the Supreme Court (this is always decided by a different panel).

4. Motions for determination of the court to hear and decide a case, if it is a case falling within the jurisdiction of Czech courts, but the conditions of territorial jurisdiction are missing or cannot be ascertained [Section 11(3) of the RCP].

5. Proceedings on a motion to determine the period within which a procedural act is to be made under the provisions of Section 174a of the Courts and Judges Act, as amended.

Section 174a of Act No. 6/2002 Coll., on Courts and Judges, as amended, governs proceedings on a motion to determine the period within which a procedural act is to be made. The purpose of such proceedings is to prevent delays in proceedings. The party who believes that there are delays in the proceedings, may file a motion with the court to determine the period within which the procedural act that is being delayed is to be made. Such a motion to determine the period within which a procedural act is to be made does not have to be preceded by the filing of a complaint. A motion to determine the period within which a procedural act is to be made should be filed with the court that causes the delays in proceedings in the opinion of the petitioner and it must contain the designation of the petitioner, the designation of the case and the procedural act, what the petitioner regards as delays in proceedings, what the petitioner seeks, the designation of the court that causes the delays in the opinion of the petitioner, and it must be signed and dated. Within 5 business days of delivery, the court will refer the motion to determine the period within which a procedural act is to be made, along with its opinion on the matter, to the court having jurisdiction to decide the motion (in the case of the Supreme Court, to the panel having jurisdiction in accordance with the Work Schedule), and notify the petitioner of the referral, or the court will make the procedural acts in respect of which the delays have been challenged by the petitioner within 30 days of the date of delivery of the motion. The court having jurisdiction to decide the motion is the immediately superior court or another panel of the Supreme Court if the motion is filed with the Supreme Court. The court having jurisdiction will decide a motion to determine the period within which a procedural act is to be made within 20 business days of the date on which the motion is submitted to it or on which the motion is properly corrected or amended. The court having jurisdiction will reject such a motion if the motion is filed by a person not entitled to do so or if the motion is not corrected or amended in timely manner, and the court will dismiss the motion if the procedural act in question has already been made or if the court finds that there are no delays in proceedings, and if the court arrives at the conclusion that there are delays in proceedings, the court will determine the period within which the procedural act is to be made. The court having jurisdiction to make the procedural act will be bound to meet such a time limit.

6. Proceedings on recognition of foreign decisions (see article below)