Setting a Time Limit for the Performance of an Act in Case of Delays in Proceedings

1. General Information

An application to set a time limit for the performance of a procedural act is a legal tool that allows a party to the proceedings to request the court to establish a specific time limit for the performance of a particular procedural act if they believe there are delays in the proceedings. 

This tool is primarily used in situations where proceedings are delayed for various reasons or when one of the parties fails to comply with statutory time limits. These proceedings are governed by Section 174a of the Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Laws (Act on Courts and Judges), as amended. 

At the Supreme Court, applications to set a time limit for the performance of a procedural act are dealt with under the Tul agenda.

2. Who and Where May File an Application to Set a Time Limit for the Performance of a Procedural Act

An application to set a time limit for the performance of a procedural act may be filed by a party to the proceedings or a person identified as a party to the proceedings if they claim that delays are occurring. In criminal proceedings, this will typically be the accused, the public prosecutor, or the injured party.

The application is filed with the court conducting the proceedings in which the delays are alleged to occur.

3. Proceedings on Applications to Set a Time Limit for the Performance of a Procedural Act

The court where the application is filed, after verifying its requirements and correcting possible errors, will: 

a) perform all the procedural acts sought by the applicant within 30 days from receiving the application, notify the applicant, and if the applicant does not declare within 3 days from learning that the acts have been performed that they wish to maintain the application, or

b) forward the application to the court competent to decide on the matter within 5 working days from the receipt of the application or the declaration by the participant that they wish to maintain the application after being informed that the acts have been performed.

  • The Supreme Court is competent to consider the application if it is alleged that delays are occurring in proceedings before the High Court or in proceedings before the Supreme Court. If the delays are alleged in proceedings before the Supreme Court, a different Panel of the Supreme Court, designated according to the Work Schedule, will decide on the application.

4. Decision on the Application to Set a Time Limit for the Performance of a Procedural Act

If the Supreme Court concludes that the application to set a time limit is justified, because, given the complexity of the case, the significance of the subject matter to the applicant, the procedure of the participants or parties, and the court's previous procedure, there are delays in the proceedings, it will establish a time limit for the performance of the procedural act for which the delays are claimed in the application. The court competent to perform the procedural act is bound by this time limit.

Conversely, if the Supreme Court finds no delays in the proceedings, it will dismiss the application. The same applies if the court has already performed the required acts.

No remedial measure is admissible against the decision on the application to set a time limit for the performance of a procedural act.

Relevant Legislation:

  • Act No 6/2002 Coll., on Courts, Judges, Lay Judges and State Administration of Courts and on the Amendment of Certain Other Acts (Act on Courts and Judges), as amended
  • Act No 141/1961 Coll., the Code of Criminal Procedure, as amended
  • Constitutional Act No 1/1993 Coll., Constitution of the Czech Republic, as amended
  • Resolution No 2/1993 Coll., on the Declaration of the CHARTER OF FUNDAMENTAL RIGHTS AND FREEDOMS as a
  • Part of the Constitutional Order of the Czech Republic, as amended