Table of contents:
1. Do I have to go to court in the event of a dispute?
2. Am I still in time to bring a court action?
3. Am I certain that I should go to a court in the Republic of Croatia?
4. If yes, which particular court in the Republic of Croatia should I go to, given where I live and where the counterpart lives, or taking into account other aspects of my case?
5. Which particular court in the Republic of Croatia should I go to, given the nature of my case and the value at stake?
6. Can I initiate court proceedings myself or do I have to ask an intermediary, i.e. a lawyer?
7. Who exactly do I refer to: reception officer, office of the clerk of the court or some other service?
8. In what language do I draw up my application, i.e. claim? Can I do it orally or does it have to be in writing? Can I send it by fax or e-mail?
9. Is there a special form for filing a claim? If not, how do I present my case? Are there any basic elements I must include in the submission?
10. Will I have to pay court charges, and if so, when? Will I have to pay a lawyer right for the introduction of my claim?
11. Can I claim legal aid?
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?
13. Will I be notified in due time of the key procedural actions and when to appear in court?
Preliminary questions before bringing a case to court
1. Do I have to go to court in the event of a dispute?
It is recommended to use alternative dispute resolution methods. See under Alternative Dispute Resolution.
2. Am I still in time to bring a court action?
The time limits for initiating proceedings before a court and lodging legal remedies depend on the nature of the case. Statutes of limitation for initiating proceedings in certain types of disputes are mainly stipulated by the Obligatory Relations Act of the Republic of Croatia.
3. Am I certain that I should go to a court in the Republic of Croatia?
See under “Jurisdiction of the Courts”
4. If yes, which particular court in the Republic of Croatia should I go to, given where I live and where the counterpart lives, or taking into account other aspects of my case?
See under “Jurisdiction of the Courts - Croatia”
5. Which particular court in the Republic of Croatia should I go to, given the nature of my case and the value at stake?
See under “Jurisdiction of the Courts - Croatia”
Steps to follow to bring a case to court
6. Can I initiate court proceedings myself or do I have to ask an intermediary, i.e. a lawyer?
In the Republic of Croatia, parties may bring a court action themselves, without being represented by a proxy, except in the case of filing a motion for revision with the Supreme Court against the decision of the second instance court. A party may file a motion for revision with the Supreme Court of the Republic of Croatia via a proxy who is a lawyer, and on their own only if they have passed the bar examination.
7. Who exactly do I refer to: reception officer, office of the clerk of the court or some other service?
Claims or other submissions, motions and communications presented outside the hearing are filed in writing to a competent court; they can also be sent by mail or submitted in person at the court registry office.
8. In what language do I draw up my application, i.e. file a claim? Can I do it orally or does it have to be in writing? Can I send it by fax or e-mail?
The parties and other participants in the proceedings are obliged to file their claims, appeals and other submissions in the Croatian language. The use of the languages and scripts of ethnic minorities in the Republic of Croatia is regulated by a special law. Claims and other submissions must be signed by the submitting party, which means that they must be submitted in writing. In exceptional cases, certain statements during the proceedings may be made orally; those are recorded in the minutes of the civil court.
9. Is there a special form for filing a claim? If not, how do I present my case? Are there any basic elements I must include in my submission?
In the Republic of Croatia, claims and other documents submitted to court do not need to be drawn up in a specific form, but they must contain certain information, as required by law. Claims and other documents submitted to the court must contain: reference to the court to which they are submitted, name and surname, profession and place of residence of the parties and their legal representatives and proxies, if applicable, subject matter of the dispute, content of the statement and the claimant’s signature. The claim must contain certain request in relation to the principal claim and subordinate claims, facts supporting the plaintiff’s request, and evidence substantiating those facts.
10. Will I have to pay court charges, and if so, when? Will I have to pay a lawyer right for the introduction of my claim?
Court fees must be paid for filing a claim, for the delivery of a first instance decision, for the lodging of an appeal, and for the delivery of a decision by a second-instance court; the fee rates depend on the value of the subject matter of dispute.
The party must pay the fees upon the request of the court, after the latter has set the rate. The party that loses the case must compensate the counterpart’s costs. If a party partially wins, the court may order that, given the outcome, each party bears their own costs, or that one party compensates the other the proportionate part of the costs. Deadlines for paying the lawyer’s fee are subject to an agreement between the party and the lawyer.
11. Can I claim legal aid?
See under “Legal Aid”.
12. From which moment is my action officially considered to have been brought?
A submission is deemed to have been filed when it is received by the competent court. When it is sent by registered mail or a telegram, the date of submitting it at the post office will be deemed the date of its delivery to the court to which it is addressed. If a submission tied to a certain deadline was sent or referred to a non-competent court before the deadline expiry, and received by the competent court upon the deadline expiry, it will be deemed submitted on time if its submission to the non-competent court can be subscribed to the claimant’s lack of knowledge or an evident mistake. The parties will not automatically get a confirmation that they have filed a submission.
13. Will I be notified in due time of the key procedural actions and when to appear in court?
When a procedural action is tied to preclusive deadlines, the court instructs the parties in writing to undertake such an action within the prescribed deadline and cautions them of the legal consequences if they fail to follow the instructions.
The court will duly summon to a hearing the parties and other persons whose presence is deemed necessary. In addition to the summons, the parties will also be delivered the submission which gave cause for setting the hearing. The summons will specify the place, room and time of the hearing. If the summons is not accompanied by the submission, it must specify the parties, subject matter of the dispute, actions to be undertaken at the hearing, and legal consequences in the event the party fails to appear at the hearing.
Further information:
Civil Procedure Act (Official Gazette: 53/91, 91/92, 112/99, 88/01, 117/03, 84/08 and 123/08)