Romania
Answer ... There are no discovery proceedings under Romanian law. However, after the commencement of the proceedings, under certain conditions, a party, a third party or a public authority may be ordered to present to the court specific documents which are relevant to the matter in dispute.
For instance, under the law implementing the Directive on the Enforcement of Intellectual Property Rights 2004/48/EC, the defendant may be compelled to provide information on the origin and distribution networks of the allegedly infringing products.
In addition, under the general rules of procedure, a party can request the court to order the opposing party to present certain documents regarding the matter in dispute. The party must identify the document(s) requested and show that these are in the possession of the opposing party.
The request will be accepted if:
- the document is mutual to both parties;
- the opposing party referred itself to that document; or
- the opposing party is obliged under the law to present the document.
The request will be dismissed if:
- the content of the document refers to strictly private issues regarding the dignity and private life of a person;
- submission of the document in court would infringe the legal duty to keep a secret (eg, professional secret); or
- submission of the document would lead to the criminal prosecution of the party, of his or her spouse or of a relative up to the third degree.
Under similar conditions, a party may request the court to order a third party or a public authority to present documents regarding the matter in dispute.
Romania
Answer ... As discussed in question 7.1, a party may request the court to order an opposing party or a third party to disclose specific documents which are at that other party’s disposal. The request for disclosure must be specific and must concern documents of relevance to the matter.
Romania
Answer ... See question 7.1.