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Step # 14

Judgment of the Court of First Instance

The judgment of the court creates certain rights or obligations for the parties to the proceedings. The judgment also decides on the costs of the winning party, according to the degree of its success in the case. The judgment must be served on the parties and, if no party appeals against the judgment, the judgment becomes final and binding and the court proceedings end.

The court shall pronounce the judgment after it has ascertained the relevant facts and taken such evidence as is necessary for its decision (i.e. it shall examine the contents of the documents submitted, hear witnesses, experts, etc.). The judgment shall always be pronounced in public, as a rule after the last hearing in the case (but no later than 10 days after such hearing).

It is in the judgment that the court determines whether or not the applicant has succeeded in his claim in the lawsuit. If the court upholds the claim, it will also award the claimant the costs of the proceedings, which the defendant must pay. The court shall specify the specific amount and the period within which the defendant should pay the costs. The court shall also instruct the parties how to defend themselves against the judgment if they are not satisfied with it.

The court shall serve the judgment on all the parties. If no party defends (appeals) against the judgment served, the judgment shall become final. This makes it binding on the parties and the matter which was the subject of the dispute can no longer be retried by the court.

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