If you receive a summons to the court, it means that the court will hold an oral hearing, more professionally also a “hearing on the merits”. The hearing before the court is quite a key part of the process, as there is a direct confrontation between the participants and the court. In the hearing, the court tries to remove as much ambiguity as possible so that it has a sufficient basis for its decision. At the hearing, the judge often decides how to judge the case. All the more important is the quality preparation and readiness of the lawyer, who is the judge's “guide” in solving the case and, of course, tries to show the court the way to a solution in favor of the participant represented by him.
The summons to the hearing should be served by the court to the parties at least 10 days in advance so that they have enough time to prepare. If the deadline set by the court conflicts with another event of the participant or his representative, an adjournment of the hearing may be requested, but this may not always be granted by the court. As a rule, the hearing is open to the general public, unless the court finds special grounds for excluding it.
At the hearing, the court seeks to eliminate the shortcomings or ambiguities of the action and subsequently ascertain the opinion of both parties. Often, before the start of the hearing, the court indicates its view of the case as well as the intended agenda of the hearing. The President of the Chamber or the Judge shall initiate, direct and close the proceedings, accept and remove the floor. If we were to simplify and summarize the position of president of the Senate or judge, we would say that he acts as such a moderator. Moderator directing the discussion between two parties standing behind each other.
After the opening of the hearing, the plaintiff is given space to present the claim and the defendant to make his comments. Often, representatives of the participants refer to their written submissions, thereby depriving them of an important opportunity to present their position before the court. At the hearing, the participants then recite their arguments and the court conducts evidence, which includes not only documents, but also, for example, the questioning of a witness or the testimony of a party to the proceedings.
It is important not to underestimate the first act, also because it is often the last resort to supplement claims and propositions of evidence. If the court is about to pass judgment, it will normally give the participants (or their representatives) the space to deliver the closing speech.