The course of the dispute process
Litigation refers to disputes between individuals or businesses that are settled in court. Such disputes can include matters such as damages, inheritance, the sale of property or the renting of an apartment.
In most cases, the litigation process starts in the general court, the district court, but sometimes the action must be brought in a special court. For example, disputes relating to intellectual property rights are dealt with by the Market Court. Litigation must be distinguished from criminal matters, which are dealt with in the context of criminal proceedings.
The dispute is brought by an application for a writ of summons
The dispute is initiated when the plaintiff sends a request for a summons to the district court. In the application, the plaintiff must indicate, among other things, the correct court, the names and contact details of the witnesses, the parties and their agents. The choice of forum may be influenced by factors such as the residence or domicile of the parties or the location of the property in dispute.
The statement of claim must clearly identify what is required from the other party, the defendant. The pleas in law form the basis of the claims. The plaintiff can ask the defendant to reimburse the costs of the proceedings, such as the court fees at the beginning of the litigation. It should be noted that costs can only be awarded in part.
The challenge application must be accompanied by written evidence, such as contracts and photographs, and include proof of identity.
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The response must be carefully reasoned
A defendant's response to a writ of summons is called a statement of defence, which, for example, states that he or she objects to the action or, alternatively, admits all or part of the claims in the writ of summons. The statement of defence should be drafted with as much care as possible and should state the grounds on which it is based. In other words, it is not enough simply to state that you oppose the action.
The response should include, for example, both written evidence and information on identification. Claims for reimbursement of legal costs shall also be included in the defence. It is important to set out in the reply all the facts that will be relied on in the proceedings. If a particular point has not been validly pleaded, the court cannot use it as a basis for its judgment.
Typically, a written response will include an acknowledgement, a statement of the facts or a statement of procedure. An admission is an admission that an objection is uncontested. An objection of substance, on the other hand, is a plea that the statement of claim is incorrect on the merits. The purpose of a procedural objection is to show that there is an obstacle to the continuation of the proceedings or to the examination of the action by the court.
A response must be given in time. If the defendant fails to answer, the court may give a default judgment, which may be unfavourable to the defendant.
Preparatory session
The preparation of a dispute can be done either in writing or orally. Written preparation is possible if there are no witnesses in the dispute. However, in most cases the preparation is done orally, in which case the court will hold a preparatory hearing.
All written evidence and witnesses must be presented at the preparatory hearing, together with their contact details. At the hearing you will be asked detailed questions about the case and must be prepared to answer them. If the hearing has to be adjourned because of a party, the adjournment may result in additional costs to be paid by that party.
During the preparatory hearing, the parties' chances of reaching a settlement are examined and the court can confirm it. If no agreement is reached, the case proceeds to the main hearing.
The dispute is settled in the main hearing
At the main hearing, the parties will present their claims in more detail. After written evidence and personal testimony, the parties submit closing statements in which they give their legal opinion on how the case should be resolved.
No new arguments or evidence can be presented at the main hearing unless there were valid reasons for not relying on them during the preparation. The timetable for the main hearing can only be changed for very exceptional reasons, so you must start preparing in good time.
If no appeal is lodged against the decision of the district court within the time limit, the decision becomes final and the judgment can be enforced.
Finally
Litigation in court can be complex and requires careful preparation. Settlement is always worth considering as it can save time and money. Even if the case proceeds to the main hearing, settlement is still possible and often advisable.
Article written by lawyer Santeri Valkamo. You can always call him free of charge, p. 010 299 5090.
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