Changing Views onthe Information Duty ofthe Judge Concerning Evidence – Walking on Narrow Paths
Changing Views onthe Information Duty ofthe Judge Concerning Evidence – Walking on Narrow Paths

Summary/Abstract: The object of this article is to shed light on the importance of the information duty of the judge concerning evidence. According to the Hungarian Civil Procedural Code, the judge has the duty to inform the parties before their motions for evidence, on the facts that need evidence, on which party bears the burden of proof, and the consequences of failure to provide evidence. There have been various initiatives in Hungary to completely abolish this duty of the judge or at least to narrow its scope of application in civil procedures (e.g. it should not be applicable when the party has legal counsel). One may perceive various motives behind this abolition. However, the author of this article makes an argument for the importance of the duty in order to give adequate information to the parties. The article analyses three aspects of its significance,namely,timeliness, the scope of the dispute, and procedural rights. The Hungarian Supreme Court (Kúria) has established in multiple decisions the importance and the various aspects of this duty. The scope and limits of the information duty are examined in this article through the judicial practice and the decisions of the Kúria. Examples of good practice in civil procedures from various European countries are presented as a comparison.

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