A civil judicial proceeding
How do civil proceedings proceed
1 A case usually starts by means of a citation. The judicial officer provides ("service of the citation") a copy of the citation to the opposing party. The text is formatted by us. We briefly describe what the facts are, what we ask of the opposing party, indicating the legal basis. The citation indicates the date of the initiation of the case.
We try to be brief, but not too brief. A claim can be changed in the course of the proceedings, but to do so one must be able to fall back on facts described in the citation.
A case can also be initiated (in certain cases) by petition. We also prepare it and forward it to the relevant court. The latter will then forward it to the parties by registered letter and will indicate the date of the initiation of the case.
2. As a rule, the cases are not withheld at the opening session. This is only possible for cases requiring only brief debates, where practically no dispute is possible, as well as for some interim measures (eg appointment of an expert). Sometimes the case can be postponed briefly.
For the majority of cases, deadlines for decision are set (which parties agree) or which the Courts themselves determine a few weeks later. In the majority of cases, the date and chamber that will actually hear the case (and with pleadings) is also indicated.
3. Conclusions contain the greatest work for the defense of your case. Except for small cases, usually 2 conclusion terms are provided. The final conclusion is a synthesis conclusion, and it is this conclusion that will be taken in consideration by the Court.
First, the (relevant) facts are presented. The second part contains the claims of both parties. Then follow the "means". That is where the argument resides. There the arguments are expressed, in particular the theorem (it may be part of an argument) with an indication of the legal grounds. These must then be supplemented with supporting documents. These are just as important.
These means must be answered by the Court. In the first instance, this is sometimes interpreted freely by the Court, which then writes down its judgment rather compactly, but in the degree of appeal, this is done more precisely by most Courts. After all, not answering a plea can be a ground for starting cassation proceedings.
4. Cases are pleaded at the hearing. However, this can be done in very different ways. Some Judges are very active, study the file before the hearing (also receives the justification documents in advance) and they can therefore ask very specific questions.
With other judges this is sometimes more passive and is listened to politely. The matter is being considered. After a month (sometimes a little later) the verdict with the decision will be sent to the lawyers. We will transfer this to you.
Both parties then have the time to check whether they are satisfied with the decision, and have the time to check whether or not to appeal. We will provide you with advice for this.
We will always (also in the course of the procedure) check whether an amicable settlement is possible.
After all, litigation costs money, and the party that loses (sometimes this is divided between the parties) pays the trial fee. (size depends on the stake).
Good prior consultation about the strategy to be followed, where one wishes to go is always recommended.
5. Judgments are generally provisionally enforceable : ie even if an appeal is lodged, the person who obtained a conviction against the other party in 1st instance can still demand execution.
So payment has to be made. If the party that has to pay starts an appeal procedure, he can request a cantonment subscription (the funds are then blocked in a separate account, officially in the Deposit and Consignment Office).
The person who executes does this at his own risk (art. 1398, 1st paragraph Judicial Code). It is a flawless liability. In the case of a reform, the party that requested the performance has to pay the amount of the damage back and this must be increased by the compensatory interest from the day of payment. [1]
[1] Ghent, 17.1.2005, RW 2007-2008, 1250; antwerp, 2.12.2009, RW 2010-11, 1477; P. Taelman, B. Allemeersch, The civil process reformed again, page 160