Civil or civil litigation is a complex process, hundreds of books have been written about its process or partial aspects. But what of it is relevant to the ordinary mortal going to court? How does the court process work under the rules and what to expect if we are heading to a court hearing? The answer can be found in this article.
Do you need to file a lawsuit or defend yourself in court? We’ll assess your chances, prepare a submission and suggest a strategy for moving forward.
| Stages of the procedure | What typically happens in it | What to watch out for |
|---|---|---|
| Filing the lawsuit | The plaintiff files an application with the competent court, setting out what he or she is seeking. | The claim must be clear, specific and supported by evidence. |
| The court's review of the application | The court examines whether the application contains the necessary elements. | A defective or incomplete pleading may significantly delay the proceedings. |
| Statement of the defendant | The defendant is given the opportunity to respond to the application and to offer evidence. | In a qualified challenge, passivity may lead to a judgment for recognition. |
| Preparation for the hearing | The court clarifies the issues in dispute, the evidence, and further procedural steps. | It is advisable to supplement the allegations and evidence in a timely manner. |
| Oral hearing | The parties make their submissions, evidence and questioning is conducted. | In court, speak factually, respond only when called upon by the court, and stick to the case. |
| Judgment | The court decides the claim and advises the parties of the remedies. | Observe the time limit for appeal and the exact content of the judgment. |
Court proceedings are commenced at the moment when the application for commencement of proceedings (i.e. the action) reaches the court. In some cases, the court initiates proceedings even without an application, in which case the proceedings are initiated by issuing an order. A court file is kept for each court proceeding, which is identified by a so-called file number.
Each court file has a unique file number, i.e. a unique designation under which the case can be traced in court. The file number is usually made up of four parts:
You can read more about the court file and the file mark in the next article.
The court may ask you to correct or complete the application if it is missing something or if it is not clear what the claimant wants. The court will then invite the defendant to make a written statement of defence and, if necessary, to submit evidence. This may be followed by a further statement by the applicant or again by the defendant, depending on the situation assessed by the court.
The whole procedure is geared towards the preparation of the oral hearing, which is typical of civil proceedings and is the main part of the proceedings. It is necessary to call the parties, witnesses and other necessary persons and, where appropriate, to obtain expert evidence. The judge must take a thorough look at the case, consider what other documents will be needed and what evidence will need to be taken, etc. Ideally, the case could be decided in a single hearing. However, this is not usually the case in practice. Rather, the court often tends to reach an amicable solution at the first hearing and is not yet ready to decide. If you suspect that a judge is biased, do not hesitate to contact us.
You will only succeed in court if the filing of the lawsuit is bulletproof. We will conduct a careful analysis of your case and take care of preparing a pre-suit notice, a lawsuit, an appeal or straight to representing you in court where we will vigorously enforce your rights.
In certain situations, proceedings may also be admitted without a hearing if a decision can be reached on the basis of documentary evidence submitted which sufficiently establishes the state of the case and if the parties agree or waive a decision without a hearing.
At this stage of the proceedings, the court may also issue an interim measure if the nature of the situation so requires.
Do you know which court to go to? We have discussed the powers and jurisdiction of the court in detail in our article.
In certain cases (e.g. where the case has been decided by a payment order, an electronic payment order or a European order for payment), the President of the Chamber may order the defendant to make a written submission and, if he does not entirely agree with the requirements of the application, to describe in the submission all the relevant facts and to attach documentary evidence or, where appropriate, to identify evidence to prove his allegations. A time-limit shall be fixed for that purpose, which shall not be less than 30 days from the service of such order.
The qualified notice shall be served by hand. No substituted service shall be permitted. If the defendant fails to make a statement of defence within the time-limit (or fails to state any important reason preventing him from doing so), the claim made in the application shall be deemed to have been admitted. In such a case, the President of the Chamber may, even without a hearing, give judgment on the plea.
We have discussed the principles and rules of evidence in civil court proceedings in our article.
The Civil Procedure Code also regulates the so-called preparatory hearing. During the preliminary hearing, the court determines whether the conditions of the proceedings are met and, if necessary, in cooperation with the parties, seeks to eliminate the identified deficiencies. At this stage, an amicable solution may also be sought, or there may be room for the parties to supplement their claims and proposals for the taking of evidence to prove them or to fulfil other procedural obligations.
The summons to the preparatory hearing must also be served by hand; alternative service is not possible. Failure to appear at the preparatory hearing without giving an important reason may again be dealt with by a judgment on conviction. If the applicant fails to appear, the court shall dismiss the proceedings.
In practice, however, the preparatory hearing is not used very much and the court usually orders a “classical“ hearing directly, but this is often only in preparation for further litigation. Sometimes several hearings are necessary.
For lawyers, court hearings are already a daily routine, but we still receive very practical questions from our clients about what they can expect in court and what to bring to the hearing. So let’s go through it one by one.
First, find all the important information on the summons, such as what matter you are being summoned to, what court, the date, time and location, the room or floor. The summons must be served on the parties so that they have sufficient time to prepare, usually at least 10 days before the date on which the hearing is to take place, unless the hearing has been preceded by a preparatory hearing (see above).
If you know you have something important to do on the date (hairdressing or watching a football match does not count), notify the court as soon as possible, preferably in writing. If you can give reasons for your absence (for example, you have sick leave), attach a copy of it. The judge will consider this and then, if necessary, inform the other party and set a new date.
Appear in court with the summons and proof of identity(ID, passport or driving licence). If you are used to carrying weapons, leave them at home as an exception. When you arrive at the court, you will be checked with a security frame and metal detector and your luggage will be x-rayed. If you have forgotten the rule about guns (or other prohibited items), don’t worry about losing your beloved switchblade, it will just be placed in storage.
Then head straight to the designated floor to the meeting room. Here you will probably meet your attorney, who will guide you through the hearing. Litigants wait in the hallway before the hearing and enter the hearing room only when the recorder or judge is called if the hearing is being recorded and there is no recorder.
Dress is, of course, advisable to be polite and clean, rather formal. However, if you do not own a suit or tie, or refuse on principle to wear one, you need not worry that this will be a reason for not being allowed into the courtroom. There is no dress code.
Some matters are decided by the judges themselves (called single judges), others are decided by a group of judges (a panel of judges). The courts allocate cases to judges according to their specialty (criminal law, civil law) and according to the court’s work schedule. Therefore, you have no influence on the choice of judge. The reason for changing a judge may be bias, i.e. some judge’s personal relationship or other personal connection to the case at hand. If such bias does exist, it should be expressed by the judge himself. If he or she fails to do so, you can raise the objection of bias yourself.
The bias may not only concern the judge, but also, for example, an expert witness who has made a statement on your case and whose statement serves as evidence. In this case, too, you have the possibility to file an objection.
If the judge comes in, those present in the courtroom will rise. You may address the judge, Mr. President.
Keep your phone muted in the courtroom and do not comment on the proceedings in any way, for example by shouting or other disapproving language. Video recordings and video or audio transmissions require the prior approval of the Presiding Judge or single judge, while audio recordings may be made with his/her knowledge. The court may prohibit the recording if the manner of recording would interfere with the conduct or dignity of the hearing. You may ask questions and make statements only with the consent or on the instructions of the single judge or the President of the Chamber. If you wish to speak to the court, you must stand. This also applies to the final pronouncement of the judgment.
Are you interested in how to become a judge, how the appointment process works, and how much such a judge roughly earns? Find out in our article.
Ms Vodičková came to court with the feeling that this was a simple case. The craftsman wanted her to pay the rest of the price for the bathroom renovation, but she claimed that some of the work had been done incorrectly: the tiles were not straight, the shower was leaking and some of the items on the invoice did not match what she had originally ordered. She had photographs, emails and phone messages but did not know what was relevant to the court and how to present it properly.
So first we did what is usually key in litigation: we separated the emotion from the evidence. We selected only those reports from the communications that demonstrated the scope of the work ordered, we compiled a list of defects from photographs, and we prepared a simple comparison to the invoice showing which items the client disputed and why. At the same time, we explained how the hearing would proceed, when to speak and what questions to prepare for.
At trial, it became apparent that although the opposing party had the invoice, they could not convincingly prove that they had actually carried out all the work charged for properly. With the documents prepared, it was quickly possible to show where the craftsman’s claims were at odds with the contract, communications and photographs. In the end, the dispute did not end in protracted evidence, but in an amicable settlement: Mrs Janková paid only part of the price and the other party undertook not to recover the rest.
Evidence is taken at the hearing. In civil proceedings, litigants are obliged (with exceptions) to offer evidence to prove their claims. The court may also take evidence other than that proposed if it is necessary to establish the facts and if it appears from the contents of the file.
The hearing is public. The exclusion of the public is only possible where the public hearing of the case would jeopardise the confidentiality of classified information under the Classified Information Protection Act, commercial secrets or the important interests of the parties.
The President of the Chamber shall invite the applicant to state his case and shall then invite the defendant to make a statement. The President of the Chamber shall announce the outcome of the preparation of the hearing and which evidence may be adduced; evidence shall also be adduced at the oral hearing. The parties may summarise their submissions, comment on the evidence or the law of the case.
We have discussed the course of the divorce proceedings in our blog article.
The trial may (but need not) end with the delivery of a judgment. It is usually pronounced immediately after the trial, but if the trial is before a panel, it is pronounced after the panel members have deliberated and voted. Sometimes, however, the single judge will adjourn the hearing just for the purpose of pronouncing the judgment.
The judgment shall also include a statement of the remedies available.
Wondering what remedies you can use in civil proceedings? Find out in our article.
Court proceedings in civil cases most often begin with the filing of a lawsuit. Already at this stage, it is important to correctly describe the facts, precisely state what the plaintiff is seeking and attach evidence. If the statement of claim is incomplete or unclear, the court may call for it to be supplemented, which prolongs the entire procedure.
At the beginning of the proceedings, the court will usually invite the defendant to make a statement of defence. A qualified invitation deserves special attention, as ignoring it may lead to a judgment for recognition. In other words, if the defendant does not respond in time and properly, the court may rule against him even without the traditional evidentiary procedure.
The trial itself has its own rules. The parties should arrive on time, have proof of identity, a summons and all relevant documents. In the courtroom, they should speak factually, at the court’s invitation and without unnecessary emotions. During the hearing, evidence is taken, witnesses are questioned and the parties can respond to the opposing party’s arguments.
The proceedings may end in a judgment, settlement or other decision depending on the nature of the case. In a judgment, it is always important to observe not only the verdict itself, but also the instructions on remedies. If you disagree with the decision, it is important to keep an eye on the time limit for appeal and quickly assess whether further action has a realistic chance of success.
It depends on the complexity of the case, the court’s caseload and the amount of evidence. Simpler cases can be over in a matter of months, while more complex cases can take several years.
If you are summoned, you should attend. If you have a good reason, you must write an apology to the court in good time and prove the reason.
Take the summons, your ID card or other proof of identity and any documents relevant to the dispute.
No. Speak when the court gives you the floor or asks you to speak. It is important to remain calm and factual in the courtroom.
You can significantly worsen your position in a dispute. In a qualified challenge, passivity can lead to a judgment for recognition.
Yes, in some cases the court can decide without a hearing, especially if the case is clear from the documents and the legal conditions are met.
This is not mandatory for simpler cases, but the attorney can help with argumentation, evidence, deadlines and trial strategy. For more complex disputes, the difference can be substantial.
Need help with filing a lawsuit or representing yourself in court? Whether the litigation is just beginning or the case is well underway, we can help you with everything. We will conduct a thorough analysis, assess your realistic chances and suggest a course of action. All this within 48 hours of ordering our services.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.
