The result of a court case is, in most cases, the issuance of a judgment. In this judgment, the court will make binding decisions regarding the rights and obligations of the parties involved. What does the judgment mean for you, and how can you contest it? You will find out in this article.
When Will I Receive the Judgment?
The judge will announce the ruling and a brief explanation of the judgment at the last court hearing, in the presence of all parties involved in the case. However, the public may also attend the announcement. You will usually have to wait for the written and complete version of the judgment, which includes all necessary details. The court typically sends it to the parties within 30 days of the announcement (with some exceptions, where the court may send it later).
What Must the Judgment Contain and What Can I Read from It?
At first glance, the judgment may seem unclear. However, it always consists of three parts, which we will briefly introduce to help you navigate the judgment more easily. These parts are the ruling, the reasoning, and the instructions.
An example of a ruling in a case where the plaintiff is seeking payment of 20,000 CZK could look as follows:
I. The defendant is ordered to pay the plaintiff 20,000 CZK with 10% interest per annum from the amount of 20,000 CZK from January 1, 2024, until full payment, within 3 days of the finality of this judgment.
II. The defendant is ordered to pay the plaintiff, to the plaintiff's legal representative, 10,000 CZK in legal costs, within 3 days of the finality of this judgment.
The instructions might read as follows:
You may file an appeal against this judgment within 15 days from the delivery of its written version, to the Municipal Court in Prague through the District Court for Prague 1.
When Should I Appeal Against the Judgment?
If you are satisfied with the ruling, an appeal is unnecessary. However, you should be aware that the opposing party can file an appeal. If they do, you will need to respond to their arguments in the appellate proceedings, as the appellate court can overturn the entire judgment to your detriment. Only when the judgment becomes final and no further appeals can be made (it is "final") can you seek enforcement based on the rulings. If the opposing party fails to comply with the judgment within the specified deadlines, you can enforce the rulings through enforcement proceedings.
If, however, you disagree with the judgment, you can file an appeal against the rulings. In the appeal, you must specify which rulings you are contesting and explain the reasons why you believe the rulings are incorrect. You need to present specific arguments showing why the court made an error. You may have objections regarding improperly conducted evidence or incorrect findings, as well as incorrect legal assessments. Therefore, it is advisable to frame your arguments as convincingly as possible, supporting them with case law from higher courts. For this reason, we recommend contacting experienced lawyers to help prepare a solid appeal.
We used a publicly available AI translation tool to translate this article from Czech to English. Please contact us if any of the above information is unclear to you.