Litigation

Civil procedural law contains the rules governing legal proceedings. These include not only who may conduct the proceedings, but also how they should be conducted. In addition, civil procedural law stipulates the time limit for instituting the proceedings, filing submissions, being able to obtain postponements and appeals. 

Rules on procedural law 

The Code of Civil Procedure contains the main legal rules. In addition, the courts and courts of appeal have various rules of their own, which are laid down in so-called procedural regulations. Many proceedings even have their own specific procedural rules.

Different types of procedures

Lawsuits can differ in that one case must be started differently than another. For example, there is a difference between the application procedure and the subpoena proceedings. In addition, cases are handled by other judges: for example, the district judge handles cases concerning monetary claims up to €25,000 or matters for which the law requires it (e.g. annulment of association decision), while the court's civil sector handles all other civil cases. There is also a difference in the type of proceedings: in urgent cases, a summary proceedings be initiated, but not every case is suitable for it. The most common procedure is the so-called proceedings on the merits.

Saying and proving

Whether you win or lose a lawsuit is not only about whether you are right. For example, proper litigation is essential. You must state (put forward) facts and, if possible, prove them. Especially if the opposing party disputes the fact. If a fact is stated but not disputed, then the judge assumes the fact is true. If it is disputed, then the person stating the fact must prove correctness. The judge then values the evidence and maps out which facts are assumed to be true. It then answers the question of whether to grant or deny the claim given those facts.

Trial lawyer

Evidence is thus an essential part of the trial lawyer's profession. If you do not have sufficient evidence, proceedings still do not always have to be avoided. There are several ways to still gather that evidence. The trial lawyer at Lexys Lawyers can tell you more about this. Take contact To hear more about that.