How to file a lawsuit in court?

Quick overview

• An action is a petition that initiates a civil court proceeding.

• It is filed in writing with the competent court.

• It must contain the name of the court, the parties, a description of the dispute, the evidence and a proposed decision.

• The filing of a statement of claim usually triggers an obligation to pay a court fee.

• If the application does not comply with the requirements, the court will ask for the application to be completed.

If you are not sure how to write a statement of claim correctly or whether you have sufficient evidence, we will be happy to prepare a statement of claim for you so that it meets all the legal requirements.

What to consider before filing a lawsuit?

Before you file a lawsuit, consider the possibility of settling the dispute out of court, for example through a settlement or mediation. Also find out whether there is a right on your side and exactly what you are entitled to. In other words, whether any action you take will be futile.

Next, look at whether you will be able to prove your claim, i.e. whether you have all the necessary evidence. At this point , it is definitely advisable to consult a solicitor who can support you substantially in this area. It is largely up to the claimant to decide where the claim goes and how successful it will be.

Although the judge has the final say, he usually only decides which of the proposed evidence is to be taken. However, he does not (except in very exceptional cases) propose the evidence himself and will not support you in this respect.

Discuss all the circumstances with your lawyer, including those that may play against you in court. It is better if you prepare for all eventualities and nothing will surprise you in court.

In practice, we often see that lawsuits filed without a lawyer do not contain a precisely formulated cause of action. The court then has to ask the plaintiff to supplement or amend the pleading, which can unnecessarily prolong the proceedings.

What should the lawsuit contain?

As a plaintiff, you must clearly state who you are suing, on what grounds and what evidence you have to prove your claim. At a minimum, the claim must contain the following information:

• the court to which the claim is addressed,
• a specification of the plaintiff and the defendant (name, surname, date of birth and place of residence (name and identification number in the case of a legal person )),
• the subject-matter of the action,
• what is sought by the action,
• a description of the relevant facts and identification of the evidence,
• what is sought (the ‘statement of defence’),
• signature and date.

The definition of the statement of claim is absolutely crucial and requires at least some legal knowledge. It is a formulation of what you are claiming.

The petition must be worded in a way that the court will decide. If you word the petition wrong, the court may generally find for you in your case, but it cannot grant you what you want.

Thus, it may be that while the law may be on your side and it will be obvious, you will not get what you want. So, at least on this part, legal advice is in order.

For example, the petition may read as follows:

The plaintiff requests the court to issue the following decision: ‘The defendant shall pay the plaintiff CZK 50 000, with statutory default interest at the rate of 8.05 % per annum from 20 January 2022 until payment, within 3 days of the entry into force of this decision.’

The petition may seek specific relief or a combination of claims. It is also possible to provide for a choice of performance by the defendant, or to choose a contingency if, for example, the thing claimed no longer exists. If it cannot be obtained, monetary compensation may be claimed.

The most common mistake is also the incorrectly designated court. If the action is not filed in the competent court, it must be transferred elsewhere, which can prolong the entire dispute by several months.

What types of lawsuits are we familiar with?

Although this is not an official division under the Code of Civil Procedure, we can divide actions according to the reason or purpose for which they are brought. For example:

• an action of excindanation (exclusion) – which allows us to exclude property from execution – if execution is not permissible in relation to that property. This is especially the case if the owner is a person other than the debtor (against whom the execution is being conducted), or if the property is owned by the debtor, but the debtor needs the item (e.g. medical supplies and aids, items necessary for business), or if the execution sale would be contrary to moral rules (e.g. a wedding ring). The defendant must be the creditor, i.e. the beneficiary, and the action is decided by the court in an adversarial civil court proceeding.

• possessory action – this is an action that can be used to protect against unjustified interference with the possession of a right, in the form of an action for protection of the possession being disturbed or against expulsion from possession,
• an action in replevin or negatory action, which is an action by which the owner seeks to restrain unlawful interference with his right of possession,
• an action in adversary proceedings for a declaration that the debtor’s act is ineffective,
• a status action (relating to personal status) – which includes actions for divorce, nullity of marriage, dissolution of marriage, nullity of partnership, etc., on the basis of which a decision is made that establishes or dissolves the legal relationship – typically dissolution of marriage.
• a declaratory action – which confirms an existing legal relationship, i.e. whether or not it exists. It requires the existence of an overriding legal interest, which the court should also address. This means that the resolution of the question which the action essentially raises will resolve the substance of the disputes between the parties.
• an action for the return of the thing, or an action for repossession, by which the owner seeks the return of the thing wrongfully withheld. In the case of immovable property, it is in practice referred to as an action for ejectment.
• an action for performance – by which we seek to obtain the fulfilment of a certain obligation arising, for example, from a contract – we want the defendant to give us something, do something, refrain from doing something, endure something – the content of this action may overlap with any of the above types of action. This may include, for example, an action for damages, an action for unjust enrichment.

From law practice: Mr. Tomáš contacted us with a request to review his claim. His employer gave him a notice of termination without any reason and in violation of the law and subsequently stopped paying his salary.

Mr Tomáš described everything in his draft claim, which he formulated as a claim for a declaration that the employer’s termination was invalid.

Based on the facts established, our lawyers agreed that his termination was wrongfully given, but as far as the action itself was concerned, it seemed more effective to simultaneously demand payment of the wages owed.

Accordingly, the submission to the court was amended accordingly. Mr Tomáš succeeded in the litigation and thus obtained a decision which would have gone a step further than his original intention, since he was able to claim directly the money which was due to him. This saved him the time and expense of a double recovery.

Court fees associated with filing a lawsuit

The amount of court fees is set by the Court Fees Act. The rates of fees for proceedings are set either as a fixed amount or as a percentage for a fee whose basis is expressed as a monetary amount. In actions for pecuniary interest, the standard fee is 5% of the amount sued, with a minimum of CZK 1 000 and a maximum of CZK 500 000.

In some cases, court proceedings are exempt from court fees. This applies, for example, to custody matters, pension insurance, sickness insurance, unemployment benefit, mutual maintenance obligations of parents and children, declaring the admissibility of taking or keeping in a health care institution and in many other cases listed by law.

If the plaintiff is in financial difficulty, he or she may try to apply for an exemption from court fees.

In disputes involving larger sums, the court fee often comes as a surprise to clients. In some cases, we therefore discuss with clients other solutions to the dispute, such as settlement or mediation.

Which court should I take legal action in?

The lawsuit must be prepared in as many copies as necessary so that one copy remains with the court and each party receives a copy. For example, if you are suing your employer, you must serve two copies on the court.

If you want to bring the lawsuit to the court in person, make sure you have an extra copy ready because you will get a stamp on it at the court.

If you are sending the claim by post, you will keep the delivery slip. The application can be submitted electronically via a data box or by e-mail with a qualified electronic signature

We determine the subject matter and local jurisdiction of each court. First, you must determine whether the district court (which is the rule) or the county court (where the law so provides) will rule in the first instance.

Local jurisdiction determines the jurisdiction of the courts by territorial districts. The basic rule is that the court of the defendant’s place of residence is the court with local jurisdiction.

There are exceptions to the rule of local jurisdiction – for example, in employment disputes, an action may be brought in the place where the plaintiff works

Summary

Filing a lawsuit in court is a key step in resolving legal disputes. A lawsuit must contain a clearly worded petition, details of the parties to the dispute and evidence supporting the plaintiff’s claim. Court fees are based on the type of proceedings, and in some cases, an exemption may be sought. It is also important to comply with limitation periods, which are usually around three years. The action can be brought in writing, electronically or by data mail. However, it is always worth considering an out-of-court settlement before starting legal proceedings, which can save time and costs.