How to File and Respond to Lawsuits in Germany

If you are being sued, you will receive a letter in a yellow envelope; upon receipt of such a letter, it is vital to keep everything relating to it. At this point, the most important thing to remember is the deadline. There are deadlines for the initial response concerning how you plan to approach the case. Should such deadlines be missed, the entire German lawsuit could be lost before the defence is launched. Failure to respond within the specified timeframe may result in adverse consequences, such as a default judgment.

The letter received will outline who is bringing the case, the reason for the lawsuit and the court involved. It cannot be stressed enough how important it is to keep the documentation involved in a court case. It is also vital to remember that time is of the essence, and deadlines are crucial to ensuring that you can defend yourself.

Should you reply to the first letter, it will simply state that you are willing to defend yourself. Following that letter, another letter outlining how you will defend yourself and the witnesses you plan to call will be sent. This letter also typically has a two-week deadline by which to respond. In this letter, the legal reasoning must be outlined; therefore, it is advisable to consult with a German legal expert who will provide you with the required assistance. For cases with elements specific to Germany (purely German lawsuits), the deadlines in question tend to be two weeks – so time is of the essence. The deadlines can be extended to four weeks for international cases because they can be more complicated and organising takes longer. Consult with your legal professional about the deadlines in your case.

Schlun & Elseven Rechtsanwälte strongly emphasise adherence to timelines, ensuring that responses are filed within the specified timeframe. Our legal team efficiently prepares and submits responses, addressing the legal issues raised in the lawsuit.

The lawyers at Schlun & Elseven Rechtsanwälte conduct a thorough analysis of the legal and factual aspects of the case. This includes reviewing the claims made by the opposing party, assessing available evidence, and identifying legal defences that may be applicable. Our legal team ensures that clients are well informed about the strengths and weaknesses of their position. Based on the evaluation of the lawsuit, we work collaboratively with clients to formulate a tailored defence strategy. Such work may involve challenging the legal basis of the claims, presenting counterarguments, or exploring settlement options through negotiation or alternative dispute resolution methods. The defence strategy is designed to achieve the best possible outcome for the client, taking into consideration legal, financial, and practical considerations.

Should the case advance to trial, Schlun & Elseven Rechtsanwälte is committed to thorough and meticulous trial preparation. Clients can expect full-service legal support. Recognising that the trial phase is a critical juncture in legal proceedings, our legal team engages in a comprehensive process to ensure that our clients are well-prepared to present a compelling case in the courtroom. Our lawyers guide clients through aspects of the court case, including evidence gathering, witness preparation, legal argument development, and strategic planning. We aim to present a compelling case that advances our client’s position during the trial phase of legal proceedings.

Central to trial preparation is compiling evidence to support our client’s position. Our legal team reviews all relevant documents, records, contracts, and other pertinent materials that can bolster the client’s case. This includes identifying and addressing any potential evidentiary challenges that may arise during the trial. Our team also identifies and prepares witnesses during the trial preparation strategy. We work closely with clients to identify individuals who can provide testimony in support of the case and, from there, prepare these witnesses, ensuring they are familiar with the trial process, understand the questions they may face, and are equipped to present their testimony clearly and convincingly.

Of course, our team prepares for the procedural aspects of the case, and we consider the procedural rules and court protocols governing the trial. Our legal team ensures strict adherence to these rules, from filing pre-trial motions to presenting evidence during the trial. This meticulous attention to procedural details helps maintain the integrity of our client’s case throughout the trial proceedings.

At Schlun & Elseven Rechtsanwälte, we place a strong emphasis on the development of persuasive legal arguments. Our legal team conducts in-depth legal research, analysing relevant statutes, case law, and precedents to craft compelling arguments that align with our client’s defence strategy. These legal arguments are structured to address the issues raised in the lawsuit and present a robust case before the court. As part of this preparation, we prepare clients for examination and cross-examination. Our team prepares a detailed plan for questioning witnesses, presenting evidence, and responding to opposing arguments.

Clients of Schlun & Elseven Rechtsanwälte can expect to benefit from open and collaborative engagement during trial preparation. Our firm emphasises regular communication regarding the progress of trial preparations and the legal strategies employed.

Witnesses have an essential role to play in a German lawsuit, as they are there to help the court regarding facts. Witnesses provide oral evidence in cases and must answer truthfully. Should a witness be found to have committed perjury (of deliberately misleading the court), they can be given a prison sentence for doing so. The sentence level will depend on the nature of the information provided, whether it was a deliberate action or whether the statement was issued due to negligence.

Witnesses must appear in court (unless they have a valid and accepted excuse) and can be fined for not doing so. Excuses for not appearing can include issues such as illness, and in such cases, the witness should supply a medical certificate if called. Exemptions exist for blood relatives of the defendant and spouses and fiancées. Those from certain professions, such as lawyers, journalists, doctors and clergy, can refuse to give information if it would damage them professionally.

The role of the expert in German lawsuits is outlined in § 402 German Code of Civil Procedure. The expert is a neutral court appointee asked to provide their opinion. This opinion will form part of the court’s evidence; however, the court makes the final judgment. The court appoints this expert, but the chosen expert is chosen with the parties’ consideration. Once this expert is in the court, they supply independent and impartial advice to the court based on the topic at hand. Experts usually submit written accounts but can be called for an oral examination should the parties demand it. This oral examination allows for the issues to be discussed in greater detail. Should the court feel that the expert is too closely linked to one of the parties or that the advice is prejudicial, the advice can be rejected.

Gathering and preserving evidence and documentation is vital as these elements are how legal assertions are substantiated, enabling a clear and persuasive presentation of facts. The presentation of evidence is not merely a procedural requirement but a strategic endeavour. Whether in negotiations, settlement discussions, or courtroom proceedings, the strength and relevance of presented proof can be the differentiator between success and failure. A well-supported case, fortified by compelling evidence, not only bolsters legal arguments but also enhances the persuasiveness of the overall narrative.

The spectrum of documentation that can fortify a case is diverse, encompassing a range of materials that collectively contribute to the robustness of legal arguments. At Schlun & Elseven Rechtsanwälte, we guide the types of documentation that may serve as potent tools in the arsenal of a well-prepared case:

• Contracts and Agreements: Well-drafted contracts and agreements serve as foundational documents. They delineate the terms and conditions of legal relationships and establish the rights and obligations of the involved parties.
• Correspondence and Communications: Written communications, including emails, letters, and other correspondence, can be instrumental in illustrating the evolution of relationships, agreements, or disputes.
• Financial Records: Financial documentation, such as invoices, receipts, and financial statements, can provide a tangible record of transactions.
• Witness Statements and Testimonies: Statements and testimonies from witnesses with firsthand knowledge of relevant events can corroborate or challenge factual assertions, lending credibility to the case.
• Expert Opinions and Reports: Expert opinions and reports can be instrumental in cases requiring specialised knowledge. Whether in technical intricacy, medical issues, or industry-specific disputes, expert input can provide authoritative perspectives that enhance the depth of the case.
• Official Records and Government Documents: Official records and government documents, such as permits, licenses, or regulatory filings, can serve as authoritative sources of information.

Our lawyers guide the types of documentation that can strengthen our clients’ cases.

Schlun & Elseven Rechtsanwälte is here to guide you through the critical aspects of the German legal system, ensuring you are well-informed and equipped for legal challenges in Germany. Germany has a well-defined judicial system with a hierarchy of courts, each serving a specific purpose. Local and regional courts (Amtsgericht and Landgericht) are at the base level, handling civil and criminal matters. Above them are the Higher Regional Courts (Oberlandesgericht), dealing with appeals and certain specialised cases. At the pinnacle is the Federal Court of Justice (Bundesgerichtshof), acting as the supreme court for civil and criminal matters.

Judges are pivotal in the German legal system, ensuring fair and impartial proceedings. They are appointed based on legal expertise and experience. In civil cases, a single professional judge typically presides over the proceedings. Criminal cases, on the other hand, involve a panel of judges and assessors.