If you receive a summons to appear in court, this means that the court will hold an oral hearing, more technically known as a "hearing on the merits". The hearing before the court is an absolutely crucial part of the process, as it is where the parties and the court are directly confronted. At the hearing, the court tries to remove as much ambiguity as possible so that it has a sufficient basis for its decision. It is often at the hearing that the judge decides how to rule on the case. The good preparation and readiness of the lawyer is all the more important, because he is the judge's "guide" in solving the case and naturally tries to show the court the way to a solution in favor of the party he represents.

The court should serve the summons on the parties at least 10 days in advance so that they have sufficient time to prepare. If the date set by the court conflicts with another event of the party or his representative, an adjournment may be requested, but the court may not always grant it. The hearing is normally open to the general public unless the court finds special reasons for excluding it.

At the hearing, the court tries to remove any deficiencies or ambiguities in the complaint and then ascertain the position of both parties. Often the court will indicate its view of the case and the intended agenda before the hearing. The presiding judge or single judge opens, presides over and closes the hearing, and accepts and withdraws the floor. If we were to simplify and summarize the position of the President of the Chamber or single judge, we would say that he or she acts as a kind of moderator. A moderator directing the discussion of two parties standing on their own.

The plaintiff, after the opening of the hearing, is given space to present his case and the defendant to make his submissions. Not infrequently, however, the parties' representatives refer to their written submissions, thereby depriving themselves of an important opportunity to present their position to the court. At the hearing, the parties then present their arguments and the court takes evidence, which includes not only documents but also, for example, the examination of a witness or the testimony of a party.

It is also important not to underestimate the initial hearing because it is often the last opportunity to supplement the arguments and evidence. If the court is about to give judgment, it will normally give the parties (or their representatives) time to make a closing speech.