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Step # 10

Statements of the parties and preparation of the hearing

Even before the order for the first hearing, an exchange of views between the parties may take place through the court. Statements of the parties may be required by the court, or the parties to the proceedings may submit them even without inviting the court. The aim of the preparation is to enable the application to be discussed in the best possible way in a single hearing.

In particular, the preparation of the hearing consists in the fact that the President of the Chamber or the Judge of the Court examines whether all the conditions of the trial are fulfilled and whether, if necessary, the defects of the action, which the court called on the plaintiff to correct have been eliminated. If the deficiency is not eliminated, or the court rejects the application for another reason, the legal proceedings are terminated and no further proceedings are continued. However, even in this case, it is possible to appeal to a higher court.

Otherwise, the court continues to prepare the hearing and gather evidence so that it can be decided already at the first and preferably even the only hearing. Each further negotiation, that is, each adjournment, costs both parties time and money. As a rule, the presiding judge or judge invites the defendant and, where appropriate, other participants in the hearing to comment in writing and, if necessary, to present documentary evidence (but this is not yet a so-called qualified challenge). In addition, participants can be informed about the possibility of mediation or social counseling.

The court may, for example, request certain reports on crucial facts (e.g. from the social protection authority of children, etc.), appoint experts, arrange for evidence to be carried out, etc.

The court may also, instead of ordering a hearing, order the parties to meet with a court-appointed mediator.

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