The Oral Hearing: How to Prepare Yourself

A summons to an oral hearing (mündliche Verhandlung) is no reason to panic. If you know what to expect, you will appear calm and confident. The workspace summarizes the preparation for you.

How the Hearing Proceeds

1. Calling of the matter (Aufruf der Sache) – You will be called by name.
2. Introduction by the court – often with a preliminary assessment.
3. Conciliation hearing (Güteverhandlung pursuant to § 278 ZPO (German Code of Civil Procedure)) – the court frequently suggests a settlement.
4. Discussion of facts and legal issues (Sach- und Rechtsgespräch) – both sides present their arguments, and the court asks questions.
5. Taking of evidence (Beweisaufnahme), if necessary (e.g., witnesses).
6. Conclusion – settlement, judgment, or a separate date for the pronouncement of the decision.

What You Need to Bring

Identity card, all pleadings and the proceeding overview, your evidence (originals plus copies), bullet points regarding your motions, and your pain threshold for a settlement.

How to Present Yourself

Be on time, address the court politely (for example, "Hohes Gericht" / "Your Honor"), remain calm and objective, stick to the truth, let others finish speaking – and at the end, explicitly state your motions. The court will assist you with this.

Tip: Have the objections of the opposing party anticipated in advance, so that nothing surprises you. Upon application, a video hearing is also possible (§ 128a ZPO).

Your hearing at a glance

Upload the summons in your proceeding and have it explained. If the date (and time) of the hearing is stated word for word in the letter, the cockpit shows a hearing card with a countdown, a calendar file (.ics) and a checklist you can tick off. If we find no unambiguous date, we do not take one over – please check it yourself in the letter.

General guidance, no legal advice – the exact procedure may vary depending on the court.

Related topics: What will the opposing party argue? (Moot Court) · Settlement or continuing the dispute? How to decide · Collecting and Properly Presenting Evidence · When to Choose a Lawyer Over AI?

See also: Have you been sued? How to defend yourself