Personal Appearance of Parties

At the court of appeal, the meeting of parties before a judge happens. It is a court hearing. The personal appearance of the parties takes place after both parties have responded to each other in writing. That is after the summons has been served, and after the defendant has defended himself by way of a reply. However, sometimes a judge does not consider the case suitable for a court of appeal. The judge will then omit the competition.

Civil Procedural Law is being renewed so that, for example, legal proceedings can be instituted. As a part of this, the personal appearance of parties also changed. Since the changes caused by the program, it is called the “oral hearing”.

Do I need a Lawyer for a Gathering of Parties?

At the court in the civil sector, it is mandatory to appear with a lawyer at a court of appeal of the parties. This is not required in cantonal cases. Parties can then appear themselves or with an authorized representative (such as a lawyer).

Purpose of the Personal Appearance of the Parties

The comparison of the parties usually proceeds as follows. Parties report to the court that they are will attend the personal appearance hearing in their case. They may then report to the officer on duty. As soon as the appearance begins, parties are announced by this agent. Parties may then enter the courtroom. The judge indicates where the parties may take place (on the left or the right side of the room).

Once everyone has sat down, the judge will open the case. First of all, the judge will ask who is present. The judge then explains the intention of the parties’ comparative proceedings.

Subsequently, the substantive treatment of the case begins. Here, the judge will first ask the parties questions. This may be aimed at the parties themselves, but also their lawyer or authorized representative. Sometimes parties can respond directly to the other party’s answers – sometimes they have to wait a while for their turn.

As soon as the judge believes that the information round is over, the parties will often be asked whether they are (still) willing to settle. Sometimes the judge indicates what he/she thinks are the weaker points of the case and what the risks are of continuing legal proceedings. However, the judge personally cannot participate in settlement negotiations – nor can a party be forced to settle. Parties always have control over whether they want to settle or want to continue litigation.

Another possibility is that parties decide to continue settlement negotiations outside the courtroom. This can be done between the parties themselves (with lawyers or agents), or through mediation.

If a settlement is reached, the agreements made can be recorded in an official report. Such an official report is so-called “executory”, which means so much that the agreements can be executed by a bailiff if the other party does not keep to the agreement. For example, an attachment may also be made.

If the parties fail to reach an agreement, the judge will determine when the case “comes on the roll” for judgment. It often happens that the judgment does not come on the determined date, but only after (repeated) arrest (= postponement) of the case.

In the judgment, the judge can give an opinion on the case, or determine which follow-up steps are required. For example, the judge can also determine that a party still has to provide certain evidence, or that an expert is appointed. If the court arrives at the final judgment, a – in principle – final decision is given on the claim. A final decision is also “enforceable” and can, therefore, be implemented.