Hungarian Courts Introduce 'E-Trials'

The COVID-19 pandemic has also forced courts to introduce new solutions for litigation. One of the most important elements of litigation is that the parties concerned may be able to state and represent their case in person at the court hearing. At the same time, the increased security standards due to the epidemic situation do not allow external persons to enter the court buildings, i.e. it is not feasible to hold the traditional hearings, Deloitte Hungary says.

Government Decree 74/2020 (III.31.), which entered into force on March 31, 2020, amended or clarified several points on the legal provisions that have arisen since the declaration of the state of emergency, and increasingly encourages the use of electronic means in litigation. Therefore, at the substantive stage of civil litigation, distance hearing by electronic means has become the rule. However, the legislator did not provide guidance on how to do this, but left it to practice to answer these questions.

“All indications are that the courts also need to find a solution for conducting litigation electronically. Due to the epidemic situation, life cannot be stopped for months, it is necessary to proceed with the adjudication of lawsuits, which, in turn, requires that the court be able to hear the parties by holding a hearing. It looks like the courts will also be operating via Skype,” according to Deloitte Legal litigation expert, Dr. Mihály Harcos.