Litigation guide

Litigation from A to Z: A Complete Litigation Guide for Everyone

The law firm endors has prepared a clear guide for you, in which you will not get lost.

The course of the litigation
01

Vznik nároku

Nárok vzniká nejčastěji ze smlouvy, nebo ze zákona. Uplatnit u soudu lze až nárok tzv. dospělý. Tím je například splatná pohledávka či nepeněžitá povinnost, u které již uplynula lhůta k dobrovolnému splnění.
01

Vznik nároku

Nárok vzniká nejčastěji ze smlouvy, nebo ze zákona. Uplatnit u soudu lze až nárok tzv. dospělý. Tím je například splatná pohledávka či nepeněžitá povinnost, u které již uplynula lhůta k dobrovolnému splnění.
01

Vznik nároku

Nárok vzniká nejčastěji ze smlouvy, nebo ze zákona. Uplatnit u soudu lze až nárok tzv. dospělý. Tím je například splatná pohledávka či nepeněžitá povinnost, u které již uplynula lhůta k dobrovolnému splnění.
01

Vznik nároku

Nárok vzniká nejčastěji ze smlouvy, nebo ze zákona. Uplatnit u soudu lze až nárok tzv. dospělý. Tím je například splatná pohledávka či nepeněžitá povinnost, u které již uplynula lhůta k dobrovolnému splnění.
01

Interim measures

The preliminary measure allows for quick intervention by the court at the very beginning of the proceedings. Preliminary measures may prevent the occurrence of further damages, or ensure the future enforceability of the claim. However, an interim measure is also a fundamental interference with rights, and the court is therefore also mindful of the adequacy of this extraordinary intervention.

02

Pre-litigation phase

The creditor must invite the debtor in writing to service the debt at least 7 days before the lawsuit is filed. The debtor also often complies only on the basis of a pre-trial challenge.

03

Filing a Lawsuit

The action defines the subject matter of the proceedings. Therefore, it must contain not only the identification of the participants, but also the claim of claim, including the description of the decisive facts, the indication of the evidence and the description of what the plaintiff is claiming. Monetary claims can also be asserted by a simpler form proposal (proposal for issuing a payment order). With the delivery of the statement of claim to the court, legal proceedings are initiated.

04

Claims

Any “adult” claim, that is, the right of the plaintiff, for which the period for voluntary performance has already expired, can be asserted by the action. However, it must not be an already expired claim.

01

Interim measures

The preliminary measure allows for quick intervention by the court at the very beginning of the proceedings. Preliminary measures may prevent the occurrence of further damages, or ensure the future enforceability of the claim. However, an interim measure is also a fundamental interference with rights, and the court is therefore also mindful of the adequacy of this extraordinary intervention.

Interim measures
02

Pre-litigation phase

The creditor must invite the debtor in writing to service the debt at least 7 days before the lawsuit is filed. The debtor also often complies only on the basis of a pre-trial challenge.

Pre-litigation phase
03

Filing a Lawsuit

The action defines the subject matter of the proceedings. Therefore, it must contain not only the identification of the participants, but also the claim of claim, including the description of the decisive facts, the indication of the evidence and the description of what the plaintiff is claiming. Monetary claims can also be asserted by a simpler form proposal (proposal for issuing a payment order). With the delivery of the statement of claim to the court, legal proceedings are initiated.

Filing a Lawsuit
04

Claims

Any “adult” claim, that is, the right of the plaintiff, for which the period for voluntary performance has already expired, can be asserted by the action. However, it must not be an already expired claim.

Claims
Frequently Asked Questions

What's good to know?

How long does a court case last?

The length of the proceedings depends on a number of factors: court congestion, the complexity of the case, the activity of the parties (including the filing of appeals) or the workload of the experts. The procedure in the first instance usually takes 6 - 30 months, the review in subsequent cases is already more limited and therefore usually ranges from 6 to 12 months. As a rule, this procedure can take from six months to five years. A certain indication of the length of the proceedings can then be regarded as a certain indication of the length of proceedings determined by the case-law of the limits of the “unreasonably long” proceedings, which can be criminal proceedings lasting more than 3 years and civil proceedings lasting more than 6 years.

Do I need to be represented by a lawyer in the proceedings?

In general, it is not necessary to be represented by a lawyer in the proceedings before the court. Exceptions are appeal proceedings, cassation complaints, proceedings before the Constitutional Court and cases of so-called necessary defence in criminal cases. However, we recommend representation by a lawyer in the remaining proceedings, especially since the lawyer will recommend the client the most appropriate course of action to protect the client's rights.

Will the counterparty reimburse me for the costs of the proceedings?

As a rule, a predominantly successful party has the right to reimbursement of the costs of the proceedings by the unsuccessful counterparty. However, the amount of the costs paid in this way is determined by a “lump sum” according to the value of the dispute and the amount of the lawyer's actions. In particular, in the case of less “valuable” disputes, the compensation may not cover the costs incurred in conducting the dispute.

Is it necessary to send a (pre-trial) challenge?

A distinction must be made between a call for performance (which may only be a condition for the establishment of a claim) and a subsequent pre-action challenge, which must be sent at least 7 days before the application is filed. Although a pre-action challenge is not a condition for filing a claim, it is advisable to send it (preferably through a lawyer) not only to increase the chances of voluntary repayment of the debt, but also to create a claim for reimbursement of the costs of successful proceedings.

What is maladministration?

The definition of “maladministration” is quite broad, but in general it can be described as a violation of binding rules prescribed by legal norms for the conduct of a public authority in its activities, to which it is obliged and authorized on the basis of generally binding legislation. However, in the case of maladministration, this is not an illegal decision, but the procedure of the authority, which was subsequently reflected in its decision. It is often an unreasonable length of proceedings, where, although the decision given is legal in itself, the time until it is issued is contrary to procedural rules or reasonableness and the parties are therefore entitled to compensation for delays in the proceedings.

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specific situation?

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TEAM MEMBERS
JUDr. Vít Kučera, MBA
Vít has extensive experience in representing clients before domestic and foreign courts, especially in commercial disputes. He specializes in preliminary measures, which he also deals with in his publishing activities. Since 2013 he also serves as an arbitrator of the Football Association of the Czech Republic.
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Mgr. Martin Tůma, Ph.D.
Martin mainly deals with commercial cases, including disputes arising from unfair competition, damages or insurance claims. He likes to look for simple solutions to (seemingly) complex problems. He also deals with construction law, in connection with which he represents clients in negotiations with administrative authorities and before the courts.
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JUDr. Lukáš Šikel
Lukáš is a lawyer specializing in litigation, both in court and in arbitration proceedings. He has represented clients in simple disputes, debt collection, as well as in complex cases, such as those in construction law. He also has experience representing clients in enforcement proceedings and insolvency cases.
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JUDr. Aleš Linhart, Ph.D.
Aleš specializes in disputes in the areas of real estate, liability for defects in construction, particularly in transportation infrastructure, the automotive industry, damage compensation and insurance, as well as pre-contractual liability. He represents clients in international arbitrations, including investment arbitrations. You can also appoint him as an arbitrator, as he is listed in the register of arbitrators of the Arbitration Court at the Chamber of Commerce and the Agrarian Chamber of the Czech Republic.
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Mgr. Kateřina Obertová
Kateřina has been involved in legal disputes since the beginning of her long-standing legal practice, during which she has dealt primarily with disputes arising from civil and commercial contracts, as well as cases related to family law and real estate ownership. In her legal practice, she places great importance on clarity and empathy, striving to offer clients functional and practical solutions.
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JUDr. Ing. Vít Švestka
Vít is a lawyer specializing in solving problems in the field of tax law before the tax authorities and the courts. He also acts as a tax advisor and thus can provide additional valuable advice and experience on how to reduce the risk of initiating proceedings at all. Vít also deals with corporate disputes. In addition to his legal education, he also holds a degree from the University of Economics in Prague, where he also participates in teaching and publishing activities.
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Mgr. Marie Timoščuková
Marie is an expert in labor law. She has extensive experience representing clients in employment disputes, from both sides of the "barricade" — that is, on behalf of both employers and employees. She has successfully defended the validity of many dismissals and has also helped employees recover numerous unlawfully withheld wages.
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Mgr. Vojtěch Adámek
Vojtěch is an experienced lawyer specializing mainly in disputes over claims arising from contracts, including settlement of parties after termination of contracts, debt collection and disputes over compensation for damage (damages). He considers understanding the client's needs and finding effective and pragmatic solutions together, including extrajudicial termination of disputes, as the key to success.
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Reference
Advocates from endors helped us in a difficult situation that could have cost us a lot of money. Not only did they recommend us an effective solution, but they also solved the problem professionally for us.
Ivan Nestadal, Managing Director
,
Ultina s.r.o.
We regularly contact the law firm endors with cases in the field of development and construction, including representation in related proceedings and disputes. In particular, we value the ability to effectively grasp even legally or technically complex legal cases, as well as to bring practical and commercially sensitive solutions to complex problems. After years of cooperation and many successful projects, we know that we can count on support from endors.
Martin Sklenička
,
JTH Group
I have already worked with lawyers from endors on several disputes in the construction industry. I especially appreciate their quick and transparent communication as well as their creative approach to cases. I have always been introduced to realistic chances of (not) success as well as options for solutions. Whether I ultimately decided on a judicial procedure or an out-of-court agreement, they always represented me in good quality.
Petr Louma, Owner
,
L CONSTRUCT s.r.o.
Nikol Ruzhová
endors advokátní kancelář
Alžběta Mrkvičková
Tereza Procházková
Tomáš Linhart
Jaroslav Čižmář
Jakub Tauš
Marie Timoščuková
Vít Švestka
Martin Tůma
Daniel Voneš
Patrik Šimonek
Kilián Slovák
Lukáš Šikel
Beáta Pultarová
Daniel Dvoriak