Essential Questions on Civil Litigation in Romania. Do you need a litigation lawyer? What are the costs associated with a civil lawsuit, and how long does it take?
Updated: 3 days ago
Have you ever wondered what happens behind the closed doors of a courtroom? Civil court proceedings (litigations) may seem like unfamiliar territory, full of complicated terms and procedures. A litigation lawyer can provide expertise in interpreting laws, formulating legal arguments, and representing interests in court. Litigation lawyers can also help negotiate amicable solutions before resorting to court, saving time and resources. Additionally, their experience in litigation ensures that all legal aspects are properly managed, maximizing the chances of success in the trial.
However, in Romania it is not mandatory to use a litigation lawyer to manage your civil lawsuits. Understanding how civil court trials work and what rules of procedure you need to respect, you can manage on your own in front of the judge.
Find useful information about court processes below and on our blog. And if you need a lawyer, at Docs & Deeds we respond free to legal assistance requests.
1. What documents do I need to initiate a civil lawsuit?
To initiate a civil lawsuit, the aggrieved party (claimant) must submit a court claim. You can use professional court claims templates for this.
This cour claim should include supporting evidence for the claimant's arguments, a copy of personal identification or company incorporation documents, the required stamp duty payment, and any additional documents pertinent to the case.
2. How do I file a court motion for a civil lawsuit?
The claimant can file the court motion to initiate a process directly at the court registry, or by registered mail, courier, fax or other means of communication, or even by email. If you have a litigation lawyer, they will file the lawsuit on your behalf.
3. Is the court motion filed by email valid?
Yes, the lawsuit filed by email is valid and will be considered by the court. Subsequently, the court where the application was filed is obliged to make a file, which it will allocate to a judge through the random allocation program.
4. What are my rights as a claimant in a civil lawsuit?
As a claimant in a civil lawsuit, you are protected by law in such a way that you can obtain the state's help in exercising your rights. Among the most important rights of the claimant are:
the right to a fair trial,
resolution of the dispute within a reasonable time,
the right to make requests and defenses, to propose evidence and to use the means provided by law to protect rights,
legal representation through a litigation lawyer,
the right to participate in all procedural stages, to be summoned and to be informed about the applications and means of evidence submitted by the opposing party,
the right to be informed about judicial procedures - you can check development on the courts of law official website,
the right to appeal against the judicial decision, if necessary.
5. What documents and evidence do I need to prepare to support my case in court?
You should gather all documents pertinent to your case, such as contracts, invoices, correspondence with the opposing party or other involved individuals, expert reports, and any other evidence that supports your claims in court.
Your litigation lawyer, who assists you in drafting the model court claim, should advise you on the specific types of legal documents and other evidence required to substantiate your case effectively.
6. Do you need a lawyer to represent you in court?
No, civil lawsuits can be managed on your own without hiring a lawyer. In other words, you can represent yourself in litigations. Get informed beforehand about the essential aspects to know when you go alone to court, to avoid unnecessary risks.
7. What are the costs associated with a civil lawsuit and fees of a litigation lawyer in Romania?
In Romania, two primary categories of costs are associated with civil litigation: administrative costs (such as stamp duties) and legal fees. Collectively, these are known as court expenses.
Stamp Duties: These are fees paid to the Romanian state to access judicial services. The amount varies based on the lawsuit's type and value, encompassing:
Civil litigations where the fee is a percentage of the claim's value, typically involving contractual disputes and civil liability claims.
Fixed stamp duties for specific judicial procedures like payment orders and forced execution requests.
Certain cases, like labor law disputes, are exempt from stamp duties.
Legal Fees: Lawyer's fees are negotiated between the client and the attorney. Unlike notaries, there are no mandatory fee limits for lawyers, though the National Union of Romanian Bars provides non-binding fee guidelines.
Expertise Reports Costs: Significant in civil litigations, these reports clarify technical or specialized aspects, influencing court decisions. Costs vary by the case's complexity and must usually be advanced by the requesting party.
8. Can I recover court costs from a civil lawsuit claim?
Yes, if you win the case, the opposing party will be required to cover your court costs. However, the court may decide to only partially reimburse your lawyer's fees to prevent excessive legal costs imposed on the opponent. This decision does not obligate your lawyer to refund the difference in fees.
Administrative costs such as stamp duties and expert fees will be reimbursed by the opposing party.
9. How long does a civil lawsuit last?
The duration of a civil lawsuit varies based on the complexity of the case and the workload of the court having jurisdiction to settle it. In some courts, litigation is managed efficiently and may last between six months to one year for each judicial phase (first instance, appeal, cassation, and other remedies).
In many other courts, unfortunately, it can take at least six months to set the first hearing date and another one to two years to obtain a resolution.
If you need tailored advice, you can complete the contact form on Docs & Deeds for a free response based on the specifics of your litigation.
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10. Does the state pay for your litigation lawyer?
Sometimes. In civil cases, any individual who cannot cover the expenses of initiating and sustaining a lawsuit can benefit from public legal aid, which includes covering the fees of a litigation lawyer. You must complete an application for public legal aid, attaching evidence of income that falls below the legally specified ceiling.
11. What is public legal aid?
Public legal aid is a form of financial assistance provided by the Romanian state, aimed at individuals who lack the resources to cover judicial process costs. Its purpose is to ensure that all individuals have equal access to justice, regardless of their economic situation, and to prevent court expenses from impacting the maintenance of individuals or their families. It is available in civil, commercial, administrative, labor, and social security cases, among others.
12. What costs can be covered by public legal aid?
Public legal aid can cover a wide range of expenses that parties might encounter in a lawsuit, such as:
Payment of fees for legal representation, assistance, and defense through an appointed or chosen lawyer.
Payment for experts, translators, or interpreters used during the process. Many cases require technical expert reports, which are specialty works performed by a qualified person impartial to the case.
Payment of the judicial executor’s fees.
Exemptions, reductions, installments, or deferrals from paying the legally provided court fees..
13. What should I do if I am called as a witness in a civil lawsuit?
Participating as a witness in a lawsuit is not optional. Once you receive a subpoena, it means the judge has deemed that your statement could contribute to resolving the litigation, and you are obliged to appear to testify.
Witnesses provide statements based on their own experiences and direct knowledge of the events in question. Their role is to help clarify the key aspects of a case in court.
If you are summoned as a witness and fail to appear, the court may impose a fine on you or issue a warrant for your arrest. This allows state authorities (police) to require you to appear before the judge to testify.
14. What are the responsibilities of a witness and how is testimony given?
If summoned as a witness in a civil lawsuit, follow these steps:
Check the subpoena you received from the court for the date, time, and location of the court session you must attend.
At the court entrance, verify the case number you are cited for. Cases are called in turn based on their sequence number.
Before addressing the specific questions as a witness, you will be identified, and the judge will ask you to take a predetermined oath. This is a formality meant to emphasize the importance of telling the truth.
Then, you will receive questions from the judge and the parties involved (initially from the party that requested your witnessing, then from other parties). If the parties are represented by litigation lawyers, these lawyers will address the questions.
It is crucial to relate the facts truthfully, as lying (perjury) can lead to criminal consequences. Although rare, there is no reason to risk potential incarceration for providing false testimony.
15. Can a witness be sanctioned or become a party in a civil litigation?
In Romania's legal system, a witness can be penalized for failing to appear in court when summoned or for providing false testimony (which is considered a crime punishable by impresionment under certain conditions). Beyond these instances, a witness faces no risk simply by testifying.
Witnesses do not become parties in the civil litigation merely by giving testimony; their role is to provide relevant information for resolving the dispute between the parties, and the judge is not interested in interrogating or sanctioning the witness for their own actions.
16. Can a witness be assisted by a litigation lawyer?
Yes, witnesses can be assisted by lawyers in Romania. However, this is not a common practice since the witness is not risking their own rights when testifying, and most witnesses prefer not to incur the costs of a litigation lawyer.
17. How can I challenge a court decision in Romania?
To challenge a court decision, you must file an appeal or other forms of legal recourse—appeal, cassation, annulment contestation, or review—within the legal deadlines (usually 30 days from the delivery of the reasoned judicial decision).
Appeals are addressed to a higher court than the one that issued the decision and must include the reasons for the challenge and any new evidence if allowed. Since appeals can involve new evidence and arguments, whereas extraordinary remedies like cassation follow strict procedural rules, it is advisable to seek the services of a litigation lawyer before filing.
18. Are there alternatives to the classic civil process?
Yes. By agreement, parties can decide to resolve disputes through arbitration. The differences between common law litigation and arbitration primarily lie in the associated costs, the confidentiality of the proceedings, and the freedom to appoint arbitrators. At Docs & Deeds we offer assiatnce in both types of procedures.
