Court hearings have clear rules. However, these rules may vary for each participant in the proceedings (plaintiff, defendant), witnesses, and other people attending the hearing. This short article addresses what to expect during a court hearing and why it is held in the first place.

What Is the Purpose of the Court Hearing?

During the court proceedings, the judge aims to determine whether the plaintiff has sufficiently proven the claims made in the lawsuit. At the same time, the judge considers the defense of the defendant, who seeks to refute the plaintiff’s claims. The court hearing allows both parties in the dispute the opportunity to present their arguments and evidence.

A typical court hearing might concern the payment of an outstanding debt. For example, it could involve a case where a plaintiff (an auto mechanic) sues a defendant (the client) for failing to pay an invoice for car repairs. During the hearing, the plaintiff will base their claim mainly on the unpaid invoice and other documents proving that the repair was completed. The defendant may argue that the repair was done incorrectly or was never done, and that’s why the invoice was not paid, and the plaintiff is not entitled to payment. Based on the specific claims, the judge will decide whether the plaintiff’s claim is successful or dismissed.

The judge should aim to make a decision immediately after the first hearing. Therefore, it is important to obtain the defendant’s response to the lawsuit in advance. However, in practice, it is rare for a decision to be made after the first hearing. Usually, the participants in the proceedings are invited to submit additional evidence to support their arguments, and this evidence must be presented and reviewed (i.e., read out and discussed) at a subsequent hearing.

How Does the Hearing Usually Proceed?

The hearing begins by checking whether both the plaintiff and the defendant are present. The judge then asks the parties if they have been able to resolve the dispute amicably, meaning if they reached an out-of-court agreement. If this is not the case, the judge will initiate the hearing and ask the plaintiff to present the lawsuit or its contents. Then, the defendant is invited to present their response to the lawsuit.

The judge will also review the evidence submitted by both the plaintiff and the defendant. Both parties may provide further explanations or contest the evidence presented.

During the hearing, the judge may inform both parties of the facts that have not yet been sufficiently proven and request additional evidence. After the first hearing (or within a time frame set for submitting further evidence), the judge will usually conduct a process called "concentration of the proceedings," after which it is generally no longer possible to introduce new evidence, with some exceptions.

After the last hearing, the judgment is announced. The judge will ask the participants to wait outside the courtroom and will then call them back to hear the judgment. However, the judge may postpone the judgment announcement to another day to allow time to evaluate all the evidence. Within 30 days after the judgment announcement, the final written version of the judgment will be delivered to the participants in the proceedings.

What Can a Witness Expect?

A witness has a different role during the hearing compared to the plaintiff and defendant. They are typically called to testify at the request of one of the parties and often do not know in advance what they will be testifying about. Unlike the parties involved, witnesses cannot prepare for the hearing in the same way. If you know or suspect what you will be testifying about, it is helpful to review any relevant documents, emails, or messages beforehand so that you can answer questions confidently.

The judge will call the witness into the courtroom and verify their identity. First, the witness will be given the opportunity to explain all relevant facts regarding the case, after which the judge will ask supplementary questions. The plaintiff and the defendant will then have the chance to ask questions, as well as any experts, if present. A witness can refuse to testify if doing so could expose them or their close relatives to criminal prosecution. Otherwise, the witness is obliged to tell the truth and not conceal any facts. Failure to comply with this obligation can lead to criminal prosecution for perjury.

If the witness is claiming witness fees (i.e., has filled out a form that is part of the summons), they may present it to the judge.

The Court Transcript

A sound recording is usually made of the proceedings, and a written transcript is typically prepared with the help of a court stenographer (if one is present at the hearing). This transcript is usually sent to the participants in the proceedings after the hearing or provided to them during the hearing. The witness, however, does not receive a copy of the transcript.

‍

‍

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.