In everyday life, it is not uncommon for parties to be unable to settle disputes between themselves amicably, so they have to go to court to enforce their rights.
In the absence of adequate expertise and experience, these procedures can be unduly lengthy and can impose a significant financial and time burden on the parties concerned.
In our work, we strive to always choose the most effective solution to resolve the case, and thus ensure the best possible outcome. We support our clients at all stages of the procedure and provide appropriate legal advice.
The procedure in civil proceedings
- Letter of inquiry
The procedure always starts with the lodging of the application with the court. The drafting of the application must take into account important aspects such as the requirements as to content and form, and the proper structure of the introductory, substantive and final parts.
The statement of claim is a key element of civil litigation, and its preparation requires the precision and professionalism of a legal representative. - Counter request
The court will send the statement of claim to the defendant, who may lodge a statement of defence within a time limit set by law. If the defendant fails to lodge a written statement of defence and does not lodge a document instituting proceedings or if the court refuses to grant such a statement, the court shall, of its own motion and without a hearing, order the defendant to pay the costs of the proceedings in accordance with the application which it has been notified.
The counterclaim also requires mandatory content and expertise, so the choice of the right legal representative is also essential for the defendant. - Reply, rejoinder
After filing a statement of opposition, the parties have the opportunity to submit pleadings, such as a statement of defence for the plaintiff and a statement of defence for the defendant. - Contact
In the course of the hearing, the court will record all statements, evidence, motions for evidence and other documents that the parties have provided. As a general rule, motions for the production of evidence are made at this stage of the proceedings, and only in exceptional cases after the conclusion of the proceedings. - Trial on the merits
The hearing on the merits will take place after the closure of the case. The duration of civil litigation can vary, ranging from one hearing to several years. - Decision
The court often decides on issues raised in the course of a lawsuit by means of an order, for example when appointing an expert or closing a case. The court rules on the merits of the case by judgment. If there is no appeal against the judgment, the judgment becomes final. In the event of an appeal against the judgment by one of the parties, the trial continues at the court of appeal.
How do we work?
We have significant experience in civil litigation, both on the plaintiff and defendant side.
We start each case with a preliminary consultation to understand the circumstances of the case, explain the options and work with the client to identify the objective to be achieved. If the client wishes to continue working with us, the consultation fee will be credited against the total case fee.
We will then prepare and submit the statement of claim or statement of opposition and any other necessary pleadings to the court. We represent the client throughout the negotiations, liaise with the court and other authorities and keep you informed of all relevant developments in the proceedings. If the proceedings warrant, we will also represent the client before the court of appeal.
