A case is not decided solely by presentation at the hearing. Timely factual submissions and suitable evidence determine what the court can assess. We turn contracts, communications and operational records into a structured account of the relevant events.
Procedure and practical preparation
Each material allegation is matched to the applicable burden of proof and available evidence. The response should distinguish admitted facts from properly disputed facts. Court directions and deadlines must be translated into a workable internal schedule. Witnesses describe their own observations; private expert opinions and court-appointed reports have different procedural roles. Before a hearing, authority to settle and access to decision-makers should be clear. An order for personal attendance must be respected. Video participation requires preparation and does not remove the need to comply with the specific court directions.
Four practical examples
These are illustrative situations, not descriptions of particular client matters or promises of an outcome.
1. Witness heard only reports
Identify the person with direct knowledge rather than assuming that a manager can prove every event.
2. Unfavourable email discovered
Counsel needs the complete record promptly so that contradictions can be assessed honestly.
3. Court requests detail
A large spreadsheet is not a substitute for a clear explanation linking each figure to the alleged loss.
4. Settlement proposed at the hearing
The authorised decision-maker should understand the amount, costs, release and implementation before committing.
Documents for the initial review
Please keep the complete correspondence, contracts, decisions and service records available. Identify any deadlines and the person coordinating information within your business. The initial review determines the correct procedure and the further evidence needed; it does not replace a filing with the court or authority.
Related guidance
Strategy and costs · Settlement · Enforcement
Legal framework
German legislation – 138 · German legislation – 139 · German legislation – 296 · German legislation – 128a
Updated 13 November 2026. This guide concerns German proceedings; special statutory rules and international instruments may affect the individual case.