General court proceedings

The process in the district court is initiated by one of the parties filing an application for a summons. In the application for summons, the party states its claim, for example that the other party should pay a certain amount, and the grounds for that claim. The other party may then file a defence and state its position on the claim. In most disputes, there is some exchange of correspondence between the parties before the court convenes a planning session, known as oral preparation.

At this meeting, the court reviews the case to clarify any ambiguities and set a timetable for further proceedings up to the main hearing. Once the case is settled on the merits, the court also addresses the issue of settlement, see Settlement negotiations. If the parties do not reach a settlement, the case goes to court. Normally, the parties then have to submit a final statement of evidence with all written documents and witnesses they wish to call.

The process ends with a main hearing, which normally takes a few days, depending on the scope of the case and the number of witnesses. Approximately one month after the main hearing, the court delivers its judgement. As a general rule, the losing party is obliged to pay its own costs as well as those of the other party. Either party can appeal the judgement to the Court of Appeal. However, in order for the Court of Appeal to hear the case, leave to appeal is required. If no party appeals, the judgement becomes final (acquires legal force) and the issue that was the subject of the case cannot then be tried again. The next step may then be to request enforcement.