Claim vs. Counterclaim: How to Defend Yourself When There Is No Direct Evidence

What Does “Claim Against Claim” Mean?

“Claim versus claim” is not a legal or statutory term. In practice , it refers to a situation where each party describes a decisive event differently and there is no direct, independent evidence—such as a video recording, a document, or an impartial witness. It istherefore nota specific type of court proceeding. It is more of an evidentiary situation. One party says, “This is what happened,” and the other responds, “No, it happened differently.” Legally, what matters is whether one party’s version can be supported by additional evidence or at least by circumstantial evidence.

Typically, such disputes arise in connection with events that took place in private, without witnesses or without a written record. Examples include:

• a verbal loan,
• a cash transfer without a receipt,
• a neighborhood dispute,
• threats or insults,
• a workplace dispute,
• a traffic incident without video footage,
• domestic violence or a sexual offense,
• a consumer complaint where the customer and seller cite different causes for the defect.

A common misconception is that when two accounts conflict, it automatically results in a “tie.” But that’s not how it works. A court or administrative authority does not simply count the number of statements. It evaluates their credibility, logic, consistency, alignment with other evidence, and the parties’ behavior following the incident.

Why the Lack of Direct Evidence Doesn’t Mean the End of a Dispute

The absence of direct evidence does not mean you cannot assert your rights. In practice, circumstantial evidence often helps. While it may not prove the entire case on its own, it can support one version of events.

Example: A medical report may not identify who attacked the victim. However, it can confirm that the injury actually occurred and approximately when it happened. A text message to a friend may not be independent evidence that the incident occurred exactly as described. It can, however, show that the victim spoke about the incident immediately afterward. A photograph of a broken object does not automatically reveal who damaged it, but it can confirm the extent of the damage and the timing of the incident.

In more complex cases, a statement from a psychologist or therapist to whom the victim confided their experience may also be significant. For example, in cases of sexual violence, such testimony may not constitute direct evidence of the act itself, but it can help paint a more complete picture of the case, especially if it confirms long-term trauma or that the victim had previously confided in someone about the incident.

Proving a case is particularly difficult when the incident occurred without witnesses, in private, or between people in a long-term relationship. Typical examples include domestic violence, sexual offenses, workplace harassment, neighborhood disputes, verbal agreements, or the transfer of cash.

Civil, Criminal, and Misdemeanor Proceedings: Why the Type of Proceeding Matters

It is very important to distinguish the type of proceeding in which the matter is being resolved. A different approach is taken for a standard civil dispute than for a criminal case or a misdemeanor.

In civil proceedings—for example, in a dispute over a loan, compensation for damages, or payment of a purchase price—the general rule is that the parties must assert the relevant facts and propose evidence. The court evaluates each piece of evidence separately and in its broader context. If a particular fact remains unproven, the party who was required to allege and prove it will generally lose the case. The Civil Procedure Code operates on the basis of the parties’ burden of proof and the principle of free evaluation of evidence.

In practice: if the plaintiff claims to have lent the defendant 100,000 CZK in cash, they must be able to prove it. If they do not have a contract, a receipt, a bank withdrawal slip, text message correspondence, or a witness, their case may be very weak.

In criminal proceedings, the situation is different. The state must prove the defendant’s guilt. The Criminal Procedure Code is based on the presumption of innocence and the requirement to establish the facts beyond a reasonable doubt; the prosecutor is obligated to prove the defendant’s guilt. If reasonable doubt remains, a conviction cannot be handed down. This is known as the principle of *in dubio pro reo*, meaning “when in doubt, in favor of the accused.”

In the case of administrative offenses, the logic is closer to criminal proceedings than to civil litigation. A person charged with an administrative offense does not have to prove their innocence, and the administrative authority must establish the relevant facts. The Administrative Procedure Code generally assumes that the administrative authority establishes the facts of the case beyond a reasonable doubt, and all appropriate means of evidence may be used, provided they are not obtained or conducted in violation of the law.

What Can Count as Evidence and Why Details Matter

In principle, anything that helps establish the facts of a case can serve as evidence. In civil proceedings, this may include, in particular, witness testimony, documents, contracts, emails, text messages, photographs, videos, recordings, invoices, bank statements, expert opinions, medical reports, notarial records, on-site inspections, or the questioning of parties.

In criminal proceedings, evidence may include testimony, expert opinions, physical evidence, documents, site inspections, as well as digital traces. In misdemeanor and other administrative proceedings, all appropriate means of evidence may be used, provided they are not unlawful.

Modern technology has significantly changed the nature of evidence. In practice today, the following can be helpful, for example:

• a screenshot of a chat,
• complete email correspondence,
• text messages,
• photos with metadata,
• dashcam footage,
• doorbell footage,
• GPS location,
• payment history,
• a post or comment on social media,
• messages via Messenger, WhatsApp, or another app.

However, context is crucial when it comes to digital evidence. A single, isolated screenshot is not always sufficient. For communications, it is better to save the entire thread, including the date, time, profile identification, and the sequence of individual messages. For social media, it’s also advisable to capture the URL, profile name, publication date, and broader context. Courts acknowledge that a screenshot or a printed web page can serve as evidence, but their authenticity and completeness are crucial.

This is precisely where the devil is in the details. In “he-said, she-said” disputes, the outcome is often decided not by a single dramatic piece of evidence, but by a set of smaller details that fit together: messages, photographs, medical reports, a timeline, the movements of individuals, phone calls, witnesses, and the subsequent behavior of the parties.

Recordings, Videos, and Privacy Boundaries

A common question is whether a secretly recorded audio or video recording can be used as evidence. The answer is not simple: a recording is not automatically excluded, but neither is it automatically admissible.

The Civil Code protects a person’s image, privacy, and expressions of a personal nature. Without a lawful reason, one may not interfere with another’s privacy, particularly by making or using audio or video recordings of private life. At the same time, however, the Civil Code allows for exceptions, such as when a recording is made or used to exercise or protect the rights or legally protected interests of another person. Even such an intrusion, however, must not be disproportionate.

The court therefore always assesses the specific circumstances: how the recording was made, what it captures, whether there was another way to prove the material fact, and how significant the intrusion into the privacy of the person being recorded is.

A secret recording of an argument with a salesperson, employer, or aggressor may be admissible under certain circumstances if there is no other way to prove a material fact and the intrusion into privacy is proportionate. Conversely, indiscriminate recording of coworkers at work, the creation of intimate recordings, or manipulatively edited recordings can be a serious problem.

The Constitutional Court has acknowledged that even a secretly made audio recording may be admissible in a specific case if its creation does not exceed an unacceptable level of intrusion into the right to privacy and is important for assessing the matter. However, it always depends on the circumstances of the specific case.

Witnesses and Credibility: Both the Relationship and the Content of the Testimony Matter

Witnesses can be important even if they did not see the entire incident. It is sufficient that they observed part of it, heard an argument, saw the consequences, confirmed the victim’s condition shortly after the event, or described the parties’ behavior before or after the incident. For example, in a physical assault, a witness who did not see the actual blow but saw the victim immediately after the incident—noting the victim’s distress, injuries, or the fact that a specific person was leaving the scene—can still be important.

The testimony of a family member or close associate is not automatically worthless. A spouse, partner, parent, or friend can serve as a witness. However, the court will evaluate their testimony more cautiously, as they may have a relationship with one party and a motive to assist that party. It is not just the close relationship that matters, but the content of the testimony. If a close witness describes specific details that they personally observed, and their testimony aligns with other evidence, it can carry significant weight.

The court may consider a witness less credible, for example, if they change their testimony on key points, give a rehearsed account, make claims that contradict objective evidence, have an obvious personal interest in the outcome, or are in conflict with the opposing party.

However, not every inconsistency in a testimony constitutes a lie. People do not remember everything in the same way, especially if the situation was stressful. Minor inaccuracies regarding time or details may be normal. Problems arise mainly with contradictions regarding essential circumstances: who was present, whether there was physical contact, whether money was handed over, who started the conflict, or what happened immediately afterward.

How to Present Yourself in Court and What Not to Do

The judge is supposed to decide based on the evidence, not on personal sympathies. Nevertheless, the way you present yourself affects how credible you appear.

It helps, in particular, to speak objectively and chronologically, not to exaggerate, to answer questions directly, and to admit when you don’t remember something. On the other hand, dramatization, insults, absolute statements like “always” or “never” (unless they’re true), and trying to fill in the story as the proceedings unfold are counterproductive.

It is better to say “I don’t know,” “I don’t remember exactly,” or “I’m not sure” if that is indeed the case. The court generally does not expect a person to remember every detail. A testimony that is too precise, rehearsed, and unnaturally flawless can sometimes seem less credible than one that acknowledges gaps in memory but remains clear on the essential points.

Emotions in and of themselves are not a problem, especially when dealing with sensitive matters. The problem arises when emotions replace facts. The ideal approach is to come across as human but objective: describe what happened, when it happened, who was present, and what evidence supports your account.

What to Do Immediately After the Incident

The best defense against a “he-said, she-said” situation often arises immediately after the incident. Evidence disappears quickly: surveillance footage gets overwritten, people forget, reports vanish, and physical traces are altered or cleaned up.

After a conflict or incident, it’s advisable to:

1. Write down a timeline—when and where the incident occurred, who was present, exactly what was said, and what happened next.
2. Save all communications—text messages, emails, chat logs, voice messages, and call history. Do not delete or edit anything.
3. Take photos or videos of the consequences—for example, injuries, damaged property, the scene of the incident, a broken door, or scratches on a car. In the case of injuries, it’s a good idea to take multiple photos, as symptoms may not appear immediately.
4. Seek medical attention if there are injuries—a medical report is important not only for your health but also as evidence.
5. Identify witnesses—find out the names and contact information of people who were at the scene. Also keep in mind that someone might have had a dashcam in their car or that there might be a surveillance camera system in the area.
6. Capture the context of digital evidence—for screenshots, capture the entire thread, date, time, profile, and sequence of messages.
7. Don’t make the situation worse with your own reaction—don’t send aggressive messages to the other party, don’t make threats, don’t coordinate with witnesses, and don’t alter the evidence.

The practical rule is: after an incident, think like a chronicler, not like a debater. Write it down, take a photo, preserve it, and document it.

Summary

A “he-said, she-said” situation does not mean that the truth is unknowable or that the dispute is not worth resolving. It means that you need to look for supporting evidence, context, and details.

In civil proceedings, the party that fails to meet the burden of proof generally loses. In criminal and misdemeanor proceedings, the state or administrative authority must prove guilt, and any reasonable doubt works in favor of the accused. Evidence can include not only a witness or a document, but also a text message, email, photograph, surveillance footage, medical report, or app log. When it comes to recordings, it is always necessary to assess whether another person’s privacy has been unduly infringed.

The most important thing is to act quickly. Record the sequence of events, preserve communications, take photographs, seek medical attention, identify witnesses, and avoid undermining your own credibility with a hasty reaction. In law, it is often not a single piece of strong evidence that decides the case, but rather a combination of many small details that fit together.