Temporary representative

book-and-pen2According to Article 82 of the Law on Civil Procedure, the court shall appoint a temporary representative to the defendant if it finds, in the course of the proceedings before the first instance court, that the regular procedure for the appointment of the legal representative to the defendant could last so long that it could result in harmful consequences for one or both parties.

If such requirements are met, the court shall appoint a temporary representative to the defendant, particularly in the following cases:

1) If the defendant has neither litigation capacity nor legal representative;

2) If there is conflict of interests between the defendant and his/her legal representative;

3) If both parties have the same legal representative;

The court shall also appoint a temporary legal representative of the defendant in the cases:

1) When the temporary place of residence of the defendant is unknown and the defendant has no authorized agent;

2) If the defendant or his legal representative are abroad and have no authorized agent in the abroad and the service could not be carried out.

The court shall, without delay, inform the guardianship body, also the parties when possible, on appointment of the temporary representative.

The court appoints temporary representative from advocates and other professional persons.