Proceedings on an Application for Determination of the Time Limit for The Performance of a Procedural Act

Section 174a of the Act No 6/2002 Coll., on Courts and Judges, as amended, stipulates the procedure for an application for the determination of a time limit for the performance of a procedural act. The purpose of this procedure is to eliminate delays in proceedings. A party to the proceedings who believes that there are delays in the proceedings may submit an application to the court to determine a time limit for the performance of a procedural act which is delaying the proceedings. Such an application for determination of a time limit for the performance of a procedural act does not have to be preceded by submission of a complaint. An application for the determination of a time limit for the performance of a procedural act shall be lodged with the court in respect of which the delay in proceedings is alleged, shall contain the identification of the petitioner, the matter and procedural act in question, what is the cause of the delays, what the petitioner seeks, the identification of the court against which it is directed and shall be signed and dated. The court shall, within five working days from the date of receipt of the application, refer the application together with its statement to the competent court (in the context of the Supreme Court, the Panel competent according to the Work Schedule) to rule on the application and shall inform the petitioner of its action, or, within 30 days from the date of receipt of the application, the court shall carry out the procedural acts in respect of which delays are alleged. The court competent to rule on the application shall be the court of the nearest higher instance or a different Panel of the Supreme Court if the motion is directed against this court. The competent court shall decide on the application for determination of the time limit for the performance of a procedural act within 20 working days from the date on which it received the application or on which the application was duly corrected or amended. The competent court shall reject such an application if it was made by an unauthorised person or, if it was not corrected or amended in time. The court shall dismiss it if the requested procedural step has already been taken or if the proceedings have not been found to be delayed. It shall determine the time limit for the procedural act if it concludes that the proceedings are being delayed. The court competent to take the procedural act shall be bound by that time limit. 

Relevant Legislation:

• Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on Amendments to Certain Other Acts (Act on Courts and Judges)