The purpose of the procedure is best expressed by the English term "preservation of evidence." This means preventing the failure of evidence due to the passage of time or actions by the opposing party. Preliminary evidence gathering before a notary is permitted under the conditions specified by law if the interested party requests it and no civil or criminal proceedings are yet in progress; the notary orders the evidence collection by decree.
The applicant may request the notary to appoint a judicial expert when special expertise is required to establish or assess significant facts or other circumstances for the applicant.
The procedure is regulated by Act XLV of 2008.
As a general rule, the competent notary to conduct the procedure is the one whose jurisdiction includes the applicant’s residence or place of stay, but also the one whose jurisdiction includes the place of evidence.
You can submit the application any day either in person or through an authorized legal representative.
The application must be completed and submitted with the appropriate content prescribed by Act XLV of 2008 (Sections 6, 19, 23).
If you request the appointment of an expert within the framework of preliminary evidence collection, the opposing party must be specified, and the notary will involve them in the procedure. This process takes longer, approximately 2-6 months.
If you request an independent expert appointment procedure without specifying an opposing party, the notary will not hear anyone else due to the absence of an opposing party. This process is shorter, approximately 1-2 months.
The cost of the procedure consists of two amounts:
These costs may be imposed on the losing party in a later court proceeding.