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Litigation in Germany

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How to prepare for an oral hearing

Every judicial process, regardless of the branch of the court, ends with an oral hearing. The parties usually appear in person before the trial court and negotiate the case together with their lawyers under the direction of the chairman, who then speaks the verdict. Such a situation requires good preparation, because the statements made at the hearing cannot be subsequently withdrawn or corrected. This last stage of the process has the character of a final and therefore every mistake harbors the risk of ruining the efforts of the entire process.

The virtual hearing

The German legislator basically allows verbal negotiations via video conference. The court decides whether to hold a virtual hearing ex officio or at the request of the parties. The hearing of witnesses or experts can also take place via video and audio transmission, provided the court allows this in individual cases. This of course makes it much easier to take part in the oral hearing, since travel time and costs can be saved. In many cases, however, the court will want to get a direct impression of the parties, witnesses or experts and will therefore refrain from a virtual hearing.

In the case of the involvement of a foreign party, however, the situation is somewhat different: In such cases, the party was regularly exempted from the obligation to appear in person in the past in order to avoid disproportionate travel expenses. However, since the option of video negotiations is increasingly being used due to the corona pandemic, this provides a simple and cost-efficient option to enable those involved in the process not based in Germany to participate directly in the oral hearing. In any case, you will be provided with an interpreter who speaks your native language.

How should parties prepare for oral negotiations?

The following description applies to all legal proceedings in Germany and with a very high degree of probability also in the country in which you have your place of residence or business. In any case, you should always coordinate with your lawyer very carefully before attending a hearing before the trial court.

To be able to do this, you must have a thorough understanding of the facts of the dispute. Concentrate on your own version of the facts and not on those of the opponent. It is in the nature of every legal dispute that the opposing party provides completely different information on the essential facts. You should also have the opponent’s lecture in mind in order to be prepared for possible critical questions about your lecture. The most important thing, however, is that you have your story complete, consistent and chronologically correct at the time of the hearing.

In order to achieve this, it is imperative that you read your client file before the appointment. Your lawyer will coordinate each pleading with you before it is sent to ensure that the content is factually correct and complete. Therefore, to refresh your memory, always read all of the pleadings your attorney has filed with the court and consider the contents of any annexes that were included to prove the alleged facts.

Also, be prepared to present your case in court freely and in your own words. Very often courts ask the parties to describe their memories in free speech in order to get an unfiltered impression of the perceptions of the opponents. Here it is very important that the narration coincides with the written presentation. In particular, the chronology of the events must be reproduced correctly. Because every deviation is potentially capable of shaking the credibility of one’s own lecture or at least causing irritation in the judging court.

In addition, only genuine factual arguments count in legal proceedings. Superficialities or mere assumptions, as they often occur in the everyday business world and in private, must absolutely be avoided. Such a presentation is always rejected by the court and gives the impression that the process is not being conducted with the necessary seriousness.

With all of this, you always have to be aware that the court only gets to face the parties once and there is no second chance to present yourself and your version of the story a second time. It is therefore immensely important to heed and implement the points mentioned here. The focal point is the knowledge of the files. Anyone who, as a party to a legal dispute, has the entire process in mind increases their chances of a good result immensely.

The recommendations listed here have proven themselves enormously in practice. They are the result of years of litigation experience that HM Lawfirm’s attorneys have before German courts. We are happy to support you in processing your business and private matters in order to achieve optimal results in legal disputes.

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