You have the right to an oral hearing.

There is no automatic right to an oral hearing at all stages of court proceedings. If the court has held an oral hearing in the first instance, higher courts can decide the case based on written submissions of procedural parties. They may choose not to hold an oral hearing if the nature of the case is purely legal or very technical. For example, issues on the correction of mathematical errors in a judgment or hearings on issues of admissibility.

Need for an oral hearing

Generally, written proceedings can be held before a court of appeal (odvolací súd) or court of appellate review (dovolací súd). However, an oral hearing may be held if any party has contested the credibility of witnesses or important facts in the case. You also have the right to an oral hearing if you have not been given adequate opportunities to participate in hearings in the previous stage of the proceedings. For example, to present your arguments and objections or to challenge your opponent’s evidence.

In order to speed up court proceeding in case of apparent financial claims, Slovak law allows special procedure to admit claims that can be decided solely on documents presented by the creditor. In those cases court will decide without hearing. In order to secure your procedural rights a debtor may contest such a decision and the court must dismiss such a speedy decision and held an oral hearing.

Participation

You have a right to be present at oral hearings. You can either attend them yourself or send a representative. Before each hearing, the court will notify you about the date and time of the next hearing. Therefore, you have to be reachable at the address that is registered within the official register of permanent residence or you have given to the court.

If you do not attend the court hearings and do not notify the court in a timely manner about reasons justifying your absence, the court is entitled to examine the case in your absence. An oral hearing must also be accessible to members of the general public.

In special circumstances (for example, cases involving state secrets or when appropriate due to interest of minors), members of the general public can be denied access to a hearing.

Resources

Last updated 20/11/2020