How to Prepare for a Court Hearing: Essential Tips and Recommendations

A court hearing can seem intimidating and even overwhelming. How should you behave? When should you speak? What should you expect? Lepmets & Nõges Law Firm outlines the key aspects of court hearings to help you feel more confident and well-prepared. Proper preparation can often be the key to successfully resolving a legal dispute.

 

Basics of a Court Hearing

A court hearing is one of the central parts of legal proceedings. In criminal cases, a hearing is mandatory, except in summary proceedings. In other cases, such as civil and administrative proceedings, the parties can often waive the hearing and choose written proceedings instead. However, the court always retains the right to hold a hearing if deemed necessary.

A court hearing begins with the judge entering the courtroom, at which point everyone present is required to stand. In civil and administrative courts, it is permissible to address the court while seated, whereas in criminal proceedings, you must stand when addressing the court. When speaking to the court, use a formal and respectful form of address, such as "Honourable Court" or "Respected Court," avoiding personal terms like "Honourable Judge."

The court leads the hearing, and the parties must follow the prescribed order and wait their turn to speak. It is important to keep statements clear, concise, and relevant. Preparation is essential, as the judge may ask additional questions or request clarification on certain points.

Everyone in court is obligated to speak the truth and refrain from misleading the court. This obligation applies whether making statements during the hearing or giving testimony as a witness or a victim. According to Section 320 of the Penal Code, criminal liability is limited to knowingly providing false testimony under oath. This includes false statements by witnesses or victims, knowingly false declarations by parties to proceedings under oath, and knowingly false declarations of financial circumstances (e.g., asset inventories in bankruptcy proceedings). Such offenses are punishable by a fine or up to three years of imprisonment.

Although defendants in criminal proceedings are expected to tell the truth, they are not criminally liable for knowingly giving false testimony. However, if a defendant's falsehood is exposed, the court may deem their testimony unreliable and disregard it in their defense.

A court hearing is a formal and respectful event. Arrive on time, dress appropriately, and maintain respectful language and behavior. Thorough preparation and proper conduct create a good impression and support a professional resolution to the case.

Engaging a lawyer can further ensure a smooth and professional process. A lawyer is a professional representative who safeguards your interests, ensuring that your rights are not violated and that every legal opportunity is utilized to your advantage.

Civil Proceedings

Civil proceedings are divided into two main types: contested proceedings (action-by-claim) and non-contested (action-by-petition) proceedings. In contested proceedings, one party files a claim against the other, seeking a specific benefit, such as monetary compensation or the recognition of a right. In non-contested proceedings, the aim is to regulate a particular situation without determining winners or losers.

For example, in family law, a contested proceeding might involve a child claiming child support from one parent, achieving a specific benefit. A non-contested proceeding, on the other hand, could involve setting a parenting schedule, where the court establishes rules and times for parental contact with the child. Other examples of non-contested proceedings include applications for access to public roads, appointing a guardian, or recognizing a foreign court judgment.

In civil proceedings, the court has a duty to guide the parties toward a compromise. Some judges actively propose settlement options, while others quickly move past the issue of compromise. If the goal of the proceeding is to reach an agreement, it is advisable to seek the court's assistance during the hearing.

The court in civil proceedings also has an obligation to clarify matters. This means that parties may request the court to explain aspects of the proceedings, such as the burden of proof. For instance, if several pieces of evidence have already been submitted to support a fact but the judge remains unconvinced, the party may ask the court to clarify what additional proof is required. During the preliminary phase of civil proceedings, it is possible to submit additional evidence, giving the parties a chance to strengthen their case.

With a lawyer's assistance, preparing for a court hearing becomes significantly easier. Lawyers communicate with the court, present arguments, and guide clients through all critical aspects of the case. In most instances, the client is not required to attend the hearing personally. However, the court may require the client's presence to clarify certain points or facilitate settlement discussions.

Contested Proceedings

Contested proceedings are adversarial, meaning both parties present their arguments and requests to the court, which must decide based on these submissions. The court does not independently gather additional evidence; it is the responsibility of each party to present relevant evidence and link it to the case.

 

Judges' procedural styles can vary significantly. Some judges are thoroughly familiar with the details of the case and ask highly specific questions, while others may need reminders about the main points. Some judges strictly enforce relevance during statements and may interrupt if a party strays off-topic, while others adopt a more passive role. Being prepared for the unique style of each judge is crucial.

 

Non-Contested Proceedings

In non-contested proceedings, the court has an investigative role, unlike in contested proceedings. The court may independently gather evidence and clarify facts. In simple terms, the court's task in non-contested proceedings is to find the best possible solution to the situation, rather than choosing between the claims of the parties.

 

The court typically plays a more active role in non-contested proceedings. Judges are often well-acquainted with the case details, having reviewed the submitted documents beforehand. Court hearings in these cases are often detailed and time-consuming. For instance, in cases involving public road access, the court may conduct an on-site inspection to determine the most appropriate location for the access road.

 

Criminal Proceedings

Criminal proceedings are divided into various subtypes. The type of proceeding familiar from TV shows and movies is called general proceedings. This occurs when the prosecutor and the defendant fail to agree on what happened, what evidence supports it, and what the punishment should be. However, most criminal cases are resolved through plea bargaining, as the facts are often straightforward.

 

Unlike in civil proceedings, the court generally does not encourage settlement in criminal cases. If the defendant seeks a plea agreement, it should be negotiated before the court proceedings begin.

 

Similar to non-contested proceedings, the court in criminal cases may gather evidence independently, although this is rarely exercised in practice. Unlike in civil proceedings, presenting new evidence during a criminal trial is highly restricted. Therefore, it is essential to carefully consider all evidence beforehand and include it in the defense statement. Sometimes, internal investigations within organizations may be necessary to collect evidence.

 

General Proceedings

General proceedings begin with a preliminary hearing where the court asks the defendant whether they plead guilty or not. This question should be carefully considered before the first hearing.

 

In general proceedings, a defense lawyer performs most of the work for the client. The defendant typically only needs to testify if they choose to do so and has the right to make a final statement after all evidence has been examined and closing arguments have been presented. If represented by a lawyer, the defendant’s presence at hearings may not always be necessary.

 

If the defendant does not have a lawyer, they must handle all aspects of their defense, including contesting evidence, questioning witnesses, presenting their own evidence, and making closing arguments. Careful preparation is essential, as the defendant must anticipate which arguments could lead to an acquittal or reduced sentence.

 

Plea Agreement Procedure

Many criminal cases are resolved through plea agreements, where the prosecutor, defense lawyer, and defendant agree on the punishment. The court’s role in these proceedings is to ensure the agreement complies with legal standards and that the defendant entered it voluntarily. Such hearings are typically brief, lasting about 30 minutes.

 

During the hearing, the court asks the defendant if they entered the agreement voluntarily and if they confirm it. Occasionally, the court may ask about the circumstances of the crime, so the defendant should be prepared to respond. Attendance at a plea agreement hearing is mandatory.

 

Criminal proceedings encompass several other procedural types. Depending on the specific circumstances of the criminal case, Lepmets & Nõges Law Firm’s criminal defense attorneys, Sandra Sepp and Charlotta Rebecca Zobel, can recommend the most suitable procedural type and strategy to best protect your interests.

 

Administrative Court Proceedings

Administrative court proceedings involve public law disputes between individuals and the state or local government. These cases often concern everyday matters, such as disputes over kindergarten placements or building permits, but may also include complex issues like public procurement or tax disputes.

 

The procedure in administrative court resembles non-contested proceedings. The court actively investigates, gathering evidence and clarifying facts. Unlike in contested proceedings, the court is not bound by the parties' requests and may independently determine the best resolution.

 

Participants must be ready for detailed questioning, as prepared arguments may not suffice. For instance, in a tax dispute, the court may request additional documentation to assess the exact tax liability, or in an environmental case, the court may order an expert evaluation to determine the impact of an activity on nature.

 

Lawyer and Client Collaboration

A lawyer provides comprehensive support in preparing for a court case, but the client’s role is also critical. Lawyers often say, “The work depends on the materials provided.” This underscores the importance of the client’s input, such as gathering evidence and highlighting key details.

 

Collaborating with a lawyer makes court preparation significantly easier. Lawyers provide guidance on every aspect, from selecting suitable evidence to formulating key messages. By hiring a lawyer, clients can often distance themselves from the proceedings, as the lawyer handles communication with the court, prepares documents, attends hearings, and negotiates settlements. However, in some cases, such as criminal trials, the client’s presence may still be required for testimony or clarification.

 

If you are looking for legal representation, Lepmets & Nõges Law Firm offers specialists across all areas of law to ensure professional and thorough advocacy.