web analytics

Guide to German Civil Proceedings

The Process and Main Stages of Civil Litigation in Germany

Filing a Civil Complaint

In order to initiate a civil lawsuit (Zivilprozess) in Germany, the plaintiff (Kläger) files a complaint with the competent German court (see here). This complaint is called “Klage” or “Klageschrift”, which means “statement of claim”.

After due registration by the court and a very preliminary compliance check with regards to the formal requirements set out by the German Civil Procedure Rules, the complaint is then served to the defendant. In most cases, the court itself takes care of the service procedure, but only after the claimant has either paid the court fees (Gerichtskosten) or has been granted legal aid by the court, which requires the claimant to demonstrate reasonable chances of success.

Personal service of civil litigation documents is normally not required in Germany and – as long as there is a valid address of the defendant within Germany — the claimant does not have to bother with any matters of service at all (for details see here).

In addition to the Klageschrift (complaint) itself, the court will serve to the defendant a letter setting a deadline for the defendant to inform the court whether they wish to dispute the claim. This deadline is usually 2 weeks if the defendant is resident in Germany but can be significantly longer if the defendant resides outside Germany. The court documents will contain detailed explanatory notes on the rights and obligations of the defendant. If the defendant misses this deadline, the German court will issue a default judgment (Veräumnisurteil), which is explained here.

In the Klageschrift (civil complaint), the plaintiff or their lawyer first explain why this specific German court has jurisdiction (Zuständigkeit) and demonstrate that all other formal requirements are satisfied, for example that the plaintiff is duly represented by a German licensed lawyer which is required on the High Court level and up (Postulationsfähigkeit), that the case is not already pending elsewhere (anderweitige Rechtshängigkeit), and that the lawsuit is not frivolous (Rechtsschutzbedürfnis). This part of the complaint is called “Zulässigkeit der Klage” (admissibility of the complaint).

The second part of the German statement of claim, the so called “Begründetheit der Klage” (justification of the claim), deals with the actual legal merits of the claim. In this part of the civil complaint, the German plaintiff’s lawyer describes the nature of the injury and damages and lays out how the defendant caused the harm.

The actual „application for relief“ (Klageantrag) is usually stated right at the beginning of the complaint (i.e. on page 1 or 2). Some old-fashioned German litigation lawyers, however, put the demand for relief at the end of the German civil complaint. In the Klageantrag, the plaintiff may seek a wide variety of remedies, inter alia the payment of a specific amount of money to compensate for the damages (Zahlungsanspruch), or a court order against the defendant to stop a specific conduct (Unterlassungsanspruch). A German civil court may order many other types of relief, for details see this post.

Preparation of a German Civil Case

As we have explained in other posts (here), there is neither any discovery procedure under German civil procedure rules, nor are there any depositions or written witness statements. There is also no jury and no cross-examination of witnesses. German civil cases are much more centered around the judge (or panel of judges). These judges do not appreciate showboat lawyers trying to create a spectacle (to impress their client). Instead, these German judges want to be presented the relevant facts. Calmly and without aggressively attacking witnesses or experts. Remember that nowadays approximately 50% of German high court judges are female. They are usually not a fan of too much lawyer testosterone in the courtroom.

Since there is no jury and since the professional German judges are already well aware of the facts of the case from the submitted briefs, there are usually also no closing arguments. Once the relevant witnesses are heard (questions are asked by the judge!), the judge gives the parties an opportunity to discuss the case, especially to consider a late stage settlement. If this fails, the oral hearing is usually ended rather abruptly and the court adjourns.

This German style of a rather “mellow approach to civil litigation” often creates considerable frustration for US clients and their US attorneys because they feel that their side is not being presented as it should be. And a reasonable dose of US style aggressiveness in a German courtroom can work wonders. We frequently use these „shock and awe“ tactics for our international clients. However, overdoing this in a German courtroom can be counterproductive. German trial lawyers who represent US or UK clients in Germany must explain the options and openly discuss strategy.

All this leads to a very different preparation of the civil lawsuit compared to the USA or the United Kingdom. In general, the oral hearings themselves are much less dramatic and also much less important for the outcome of the lawsuit. The lawyer’s briefs (Schriftsätze) together with reports of expert witnesses (Sachverständige), who are selected, instructed and questioned by the court – not by the parties, are generally what decides the case.

Settling a German Lawsuit

To avoid the stress, delay and expense which come with a formal trial, German civil procedure rules encourage litigants to attempt to reach any amicable resolution of the legal dispute. Thus, it is not only permitted but highly recommended and expressly encouraged by German civil litigation judges to settle a lawsuit – at any stage. The German system of statutory legal fees (both court and lawyer fees) also incentivises settlements. To be blunt: German lawyers earn more fees if they can get their clients to settle. More on this in the post: How to Settle a Lawsuit in Germany.

Oral Hearing in German Civil Proceedings

As explained above, there is no jury. Thus, oral hearings in German civil lawsuits are much shorter. If there is no need to hear witnesses or experts, and if the parties are unwilling to discuss a settlement, the hearing can be over in 10 minutes. For more on oral hearings in a German civil procedure see here .

The taking of evidence in a German civil trial is explained in this post here. Further major differences between civil litigation in German and the USA are that (i) there are no verbatim records or transcripts of what is said in the German oral hearings (details here), much less are there any video cameras or live broadcast; and (ii) the court documents are not public record.

How are Judgments issued by German Civil Courts?

Once all evidence is presented, expert reports have been obtained and once there has been at least one oral hearing, the court decides whether there is the need for another oral hearing or whether the court is willing to allow the parties to submit one final statement within a specific deadline (Schriftsatzfrist).

Whenever the court is satisfied that all relevant aspects have been duly dealt with and both parties have had sufficient opportunity to state their arguments and to present their evidence, then the court informs the parties about the date on which the judgment will be handed down (Verkündungstermin). Again, since there is no jury, this is a rather undramatic. In the vast majority of cases, neither party shoes up for the rendition of the judgment (Urteilsverkündung), because that would be over in 2 minutes since the judge only reads the operative provisions (Urteilstenor), i.e. who has won the lawsuit. In practice, both parties’ lawyers have a paralegal call the court on the day of the Urteilsverkündung and ask the court clerk to fax or email an advance copy of the judgment. The official copy of the German judgment will then be sent by post within a few days. Usually, the judgment is served to the parties‘ lawyers who will then evaluate the reasons given by the court. Based on this evaluation, they will then advise their clients on whether it makes sense to officially appeal the German judgment.

More information on litigation and legal fees in Germany is available in these posts:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

Release of Medical Records in Germany

Can German patients demand a complete copy of their medical file?

They certainly can. The German Civil Code contains an entire chapter on medical treatment and patient rights. Section 630g German Civil Code regulates that a patient has the right to demand to personally inspect the original patient file. This includes computer files as well as any handwritten notes that may exist. Nowadays, most physicians and certainly all hospitals keep patient files in electronic form. Thus, in practice, the doctors and medical institutions will offer to provide the patient with a copy of the medical records in such electronic form, i.e. as a CD, DVD or cloud based download option.

In some cases, especially when it comes to psychotherapy or mental disorder treatment, the neurologist oder psychotherapist may reason that it is against the patient’s best interest to grant him or her full knowledge of the file. However, this paternalistic view becomes more and more rare. Nowadays, German courts usually do rule in favour of the patient who wants to obtain full knowledge of his or her medical records, even if the patient may not be happy about the medical findings contained in such files.

How to obtain medical records to prepare a German tort case

We have explained in this post (link) how to make a personal injury claim in Germany. As far as compensation for pain and suffering (Schmerzensgeld) is concerned, such German personal injury lawsuits do not provide quite the same upside potential as in the United States due to the lack of a jury and due to the restrictive tradition of German law when it comes to non-monetary damages. Still, German law, in principle does compensate a patient for all costs, losses, expenses and also some non-monetary damages.

If a patient believes that their medical treatment in Germany was not state of the art and that they have suffered an injury, the first step will be to ask for a copy of the medical records. This enables the patient or a provate medical expert hired by the patient to assess the case.

Release form to authorize lawyers to inspect patient medical information

In such cases, the patient can either ask for a copy of the patient file themselves or instruct a law firm to request the physician/hospital records on the patient’s behalf. Our firm has prepared a bilingual (German / English) standard patient records release request form for our clients to use (download form as pdf):

Medical Records Release Consent Form (German)

In this letter, the client authorizes the lawyers to either inspect the patient file in person at the doctor’s office and/or to request a copy of the file either in paper or in electronic form. This consent form must then be presented to the physician or medical insitution. If the patient or his/her lawyer asks for a copy of the file, the physician / hospital is entitled to demand reimbursement for the costs to make such a copy of the file.

What if the patient has died?

In those tragic cases where a patient has died, the heirs and/or next of kin are usually authorized to inspect the patient files (section 630g para. 3 German Civil Code). However, things tend to get a bit more complicated in those circumstances because a physician may argue that the patient would not have wanted these heirs or relatives to know. In case of a potential tort claim, however, German courts usually rule that the medical records must be disclosed.

Related posts:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

Right to refuse Testimony in German Civil Court

May a Witness in German Civil Litigation refuse to give Testimony?

Under German Rules of Civil Procedure, any natural person, including minors, can be named as a witness (Zeuge) by a party to a civil procedure. The civil court then decides on whether and to what extent these witnesses (as designated by the parties in their briefs to the court) need to be heard, i.e. whether — in the view of the court — the specific issue which the witness shall give testimony on, is:

(i) relevant for the court’s decision; and

(ii) still in dispute between Plaintiff and Defendant after the exchange of briefs.

If the answer to both requirements is yes, the respective witnesses will consequently be summoned (geladen) by the German civil court. In practice, each witness will be sent a letter by the civil court (Zeugenladung) which demands the witness to attend an oral hearing in order to be questioned as a relevant witness on one or several specific issue(s), the so called „topics for questioning“ (Beweisthema), see s. 377 German Civil Procedure Code. Thus, the witness is informed a few weeks prior to the actual oral hearing date what the court will ask him to testify on. The witness summons only describes this topic in rather broad terms. Normally, the witness summons letter does not contain any specific questions (this is different when it comes to expert witnesses). A typical example of the content of such a German civil court summons letter to a witness of fact would be:

„In the civil lawsuit between A and B regarding a car accident on Z-street on the … around … o’clock you have been named as a witness. You shall give testimony about the details how the accident occurred.“

In some cases, the court may permit the witness to testify in writing, i.e. by answering the questions by sending in a letter. This is, however, the exception to the rule.

Duties of a Witness under German Civil Procedure Law

The standard procedure is that the witness must attend the court hearing in person. Every person summoned by a German civil court has the duty to appear in court, to testify truthfully (s. 390 et seqq. German Civil Procedure Rules) and to swear an oath if this is demanded by the court (which it very rarely is, as I have explained here).

This general obligation of a German witness to give testimony in a civil lawsuit exists, however, exclusively vis-a-vis the court itself. There are no pre-trial depositions in Germany. Instead, the witness is questioned only in court and primarily by the judge.

Whether and to what extent any „witness preparation“ is permitted under German civil procedure rules is a difficult issue. Remember that there is no jury in Germany, neither in civil nor in criminal cases. Thus, how a witness „comes across“ is far less important in a German court case. Also, the witness and the legal counsel who has named the same cannot really „practice“ their Q&A session in advance, simply because the German judge will pose the questions, not the trial lawyer. Still, a professional German trial lawyer will attempt to get a clear picture of what the witness will say in court. If the witness is very close to the client the lawyer is representing, the lawyer is not prohibited to rehearse the statement and give the witness feed back. However, obviously, the lawyer must not influence the facts themselves. The witness must also be prepared how to react if the judge or the opponent’s legal counsel asks whether the other party has discussed the case with him or her. A worst case answer by the witness would be:

„I did not really see this with my own eyes, but my husband’s lawyer has told me to say that …“

Since most German lawyers are somewhat afraid of being accused of unduly influencing a witness, they go to the other extreme: They do not even speak to the witnesses for their own case. In German forensic practice, it is often not even attempted to verify at the pre-trial stage what exactly it is that the witness will actually say in court. Furthermore, it is even uncommon to obtain written statements from a witness, much less to submit such witness statements to the court. This sometimes leads to surprising witness statements in the German civil court oral hearing. From my own courtroom experience, about one third of the witnesses either do not know anything about the topic they are supposed to give testimony on, or they testify the opposite of what the party who has named that witness did expect.

Who can be a Witness?

As mentioned above, the German civil court decides by way of a „court order on obtaining evidence“ (Beweisbeschluss) whether and to what extent a witness, who has been named by one of the parties, shall be summoned and heard. Under the „principle of party presentation“ (Beibringungsgrundsatz), the court is not permitted to summon anyone who has not been „offered as a witness“ (Beweisangebot) by a party to the proceedings. On the other hand, the court is not obligated to summon each and every person to be heard in court, just because a party writes that person on their witness list.

There is no minimum age requirement to be a witness in German civil proceedings. According to the definition by the German Federal Court of Justice (Bundesgerichtshof), the highest German court in civil matters:

every person, who is intellectually able to make observations, to keep these in mind, to answer questions regarding these observations and to reproduce them, has the ability to testify in court (BGH, NJW 1985, p. 1158).

If a party names a young child or a mentally sick or handicapped person, it is up to the court to assess whether this person can be heard as a witness at all and — if so — whether the testimony given by such person is credible (Prinzip der freien Beweiswürdigung).

Who may refuse to testify in German Civil Court?

In German criminal procedure, as in German civil procedure, there are certain situations in which a witness is permitted to refuse giving testimony. In Germany, as in the USA and the UK, there is no legal doctrine of „finding justice at whatever cost“ (keine Wahrheitsfindung um jeden Preis). Instead, the law acknowledges that there are circumstances where someone cannot be reasonably expected to disclose his or her knowledge. German procedural rules grant the witness the right to refuse testimony in these — limited — scenarios. In German civil litigation, the relevant grounds to refuse to testify are laid down in:

Thus, German law protects a witness against self-incrimination, as well as against conflicts due to the witness‘ close personal relationship to one of the litigants. The witness shall not be forced to harm him-/herself or a relative, spouse or fiancé. Even former spouses and civil partners are protected under German law.

The second group of individuals allowed to refuse testimony under German procedure rules are those who are bound (as well as protected) by professional confidentiality obligations, i.e. physicians (Ärzte), clinical psychologists (Psychologen), attorneys-at-law (Rechtsanwälte), tax advisors (Steuerberater), certified public accountants and autitors (Wirtschaftsprüfer), journalists, members of the clergy, German civil servants (Beamte), German judges (Richter) and others who are obliged to secrecy. The German wording is „zur Berufsverschwiegenheit gesetzlich verpflichtet“.

The details on whether the refusal has merit and exactly how far the right to refuse testimony reaches in a specific case can be complex, especially with regard to the second group of individuals. While a spouse or relative has a very broad right to refuse testimony and there is usually not much to discuss, matters are more complicated with regard to those witnesses to whom confidential facts were entrusted by virtue of their profession or public office. For example: has the witness learned the information in his/her capacity as a lawyer or clergy man? Has the client released the physician or lawyer from the confidentiality obligations? If so, is the professional or member of the clergy merely permitted or also obliged to testify? All these questions can initiate interlocutory proceedings to determine whether the witness‘ refusal to give testimony is lawful or not (see s. 387 para. 1 German Civil Procedure Rules).

Inform the Court early on

Any witness who intends to refuse to give testimony in a German court of law should not spring this upon the judge at the last minute. Instead, the witness should respond to the summons immediately by submitting to the court the facts on which he or she is basing the refusal to testify. Depending on the circumstances, it may be necessary to substantiate these facts. For example, if the refusal is based on being a the fiancé of the defendant. In other cases, especially family relations like parent-child or sibling, the right to refuse is evident and does not need to be substantiated by further evidence.

Related posts:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

Perjury, what Perjury? German Witnesses and the Oath

German Civil Court Judges rarely put a Witness under Oath

Section 154 German Penal Code (Strafgesetzbuch) is titled „Meineid“, which is the German word for perjury, i.e. lying under oath to certain German authorities, either in a German court of law (Gericht) or in another official proceeding.

However, in real life, prosecution for perjury is very rare in Germany. This is not because all Germans are perfectly honest and no one lies in German court rooms (trust me, there is plenty of lying), but because not many German judges demand a witness to swear an oath. Not even when the judge is rather sure that he or she was just lied to by the witness.

Why does German law (appear to) employ such a soft approach towards „lying witnesses“ in civil procedure? This post describes the method of hearing witnesses in a German civil lawsuit and explains why many civil law court judges in Germany are hesitant to put a witness under oath.

Witness Evidence in German Civil Litigation

First, you must remember that there is no jury in a German court of law (more here). The case is decided by a professional judge only. The German approach is that a witness shall be questioned by the judge (instead of by the parties) and shall tell „the story as the witness remembers it“. The witness shall coherently describe what he or she recalls, i.e. in a freely worded statement which is uninterrupted by constant questions by a party’s legal counsel. „Coherently“ („im Zusammenhang“) is the important buzzword here, see section 396 para. 1 German Code of Civil Procedure. This German civil procedure statute explicitly prohibits a rapid fire cross-examination style questioning of a witness.

The method of hearing witnesses in German civil litigation is therefore the exact opposite of the rather aggressive „question by question“ approach used in the United States. German civil procedure rules do not believe in pressuring or leading witnesses. Instead, the German judge asks the questions rather broadly and then lets the witness speak. A typical question by a German civil court judge would be:

„What, if anything, do you recall about the meeting between X and Y on that day?“

It is only at the end of the witness hearing, i.e. after the judge has asked all questions which he or she deemed relevant, that the party’s legal counsels are then allowed to pose follow up questions (s. 396 para. 2 and 3 German Code of Civil Procedure). If a legal counsel gets too aggressive with this, the judge may step in and tell the German lawyer that the court does not consider the question relevant or that the question has already been answered by the witness. Judges usually give the lawyers some leeway and also let them ask additional questions even if the relevance is not immediately obvious. This also applies to leading questions (in German called Suggestivfragen): although not allowed under German civil procedure rules, German lawyers often pose such leading questions and the judge usually lets it slip. However, the court has the last say on whether a question is admissibleor not (s. 397 para. 3 German CPR).

Why are German Witnesses not put under Oath?

It fits the picture of this generally restrained and unaggressive approach of hearing witnesses in German civil trials, that a German witness is also very rarely put under oath (vereidigt). It would be considered a sign of general mistrust, if each and every witness would be put under oath even before he or she has started to give their testimony. Thus, under German law, a witness is generally being questioned without having to swear an oath. Much less an oath on the bible. Yet, the black letter law of German civil procedure rules does set out the circumstances under which a witness shall be put under oath in a German civil court.

According to s. 391 German code of civil procedure:

… a witness is to be placed under oath if the court believes this is mandated in light of the significance of the testimony, or in order to procure a truthful statement, provided that the parties to the dispute do not waive having the witness placed under oath.

At first glance, this reads as if most witnesses in a German civil procedure will be put under oath, especially if the judge has doubts about the truthfulness of the witness. Strangely, the opposite is true. Hardly any witnesses are put under oath (vereidigt). Not even when the judge believes that the witness has just lied to the court. This is due to statistical evidence and psychological studies which show that once a witness has begun to lie in court, he or she will almost never turn around and admit that they have been untruthful. Instead, they will stick to their story, even if it is clear to everyone in the court room that the testimony cannot be true and even if the judge thus threatens to put the witness under oath (which can be done after the testimony), which would raise the criminal charge from a simple „false testimony“ (uneidliche Falschaussage according to s. 153 German Penal Code) to a felony charge (Verbrechen) of „perjury / lying under oath“ (Meineid, s. 154 German Penal Code), the minimum sentence for which is one year in prison.

Never say never

Now, even if the majority of German civil judges tend to be unwilling to demand a witness to swear an oath, not all judges are the same. And, sometimes, even an otherwise laid back German judge can get angry if the witness tries to play the court for a fool too obviously. Thus, a smart trial lawyer can get the judge to make an exception to the „no oath practice“. An often successful strategy for this is to ask the court to summon the same witness again at a later date to question that witness about other aspects of the case or about new facts which came to light through the (false) witness testimony. At the same time, the court is asked to inform the witness that he or she will then be put under oath. That way, the witness has a few weeks to consider the situation and think about the consequences of keeping up the false statement. In my experience, the chances of the witness starting to backpedal are much higher if you give them some time to reconsider.

If the witness still keeps on lying, this is, of course, not without consequences, even under German law. If proven, the false statement is punished under s. 153 German Penal Code as „undeidliche Falschaussage“. Furthermore, the party that loses the German civil lawsuit can sue the lying witness for damages based on tort (e.g. in the form of accessory to fraud). Depending on the circumstances, lying in court can also constitute other criminal offences under German law (e.g. libel, slander etc.).

Practical Court Room Advice

Whenever you think it possible that a witness in German civil case may lie in the oral hearing, you should diligently prepare a strategy for that scenario. Collect factual evidence for you own version of events to prove the witness wrong. Then, in the actual court hearing, let the witness tell his or her story without interrupting right away. Do not immediately show to the witness that you know he or she is lying. That only makes the witness wary and more careful. Instead, use what I like to call an „Inspector Columbo“ approach, i.e. let the witness finish their version with as much detail as possible. Then raise certain issues which do not fit in his or her story. One by one and very calmly. Only at the very end of the witness questioning you might want to make it clear that you consider the witness an outright liar. Depending on the reaction of the witness, you may get the court to demand the witness swearing an oath after all.

Related posts:

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers of GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

How to litigate in Germany

Workshop on German Civil Procedure for U.S. Litigation Lawyers

Know and effectively use the tools of German Civil Procedure

Due to Brexit, many international businesses shift their focus from Britain to Germany when it comes to contract drafting in general and jurisdiction clauses in particular (see brochure „Contracts in Continental Law„). Why? As long as Britain was still a member of the EU, many German, Austrian and other continental European CEO’s were willing to accept English law as well as the jurisdiction of English courts. This was often a compromise reached in the negotiations between the contract lawyers of the U.S. and the German parties.

Those days are over. After Brexit, European Union law does no longer apply in Britain, which makes it pretty much unacceptable for the German (Austrian, French etc) side to accept English law as the governing law for the business relationship.  Instead, the contract lawyers of businesses located in continental European countries insist more and more on their domestic substantive and procedural laws to apply. Therefore, United States law firms that work internationally will be increasingly confronted with cross-border civil and commercial litigation cases that take place in Germany or Austria.

Bootcamp for practicing U.S. attorneys and in-house lawyers

Our 2 day seminar „How to litigate in Germany“ introduces United States trial lawyers to the very different world of German civil procedure. The focus is on making non-German litigators aware of the many differences compared to a U.S. civil lawsuit, thus enabling them to effectively collaborate with the German trial lawyers in an international U.S.-German civil case.

Experienced German litigator Bernhard Schmeilzl cuts right to the chase: No boring lectures on theoretical isues, but hands-on practical advice on how to win civil lawsuits in Germany. Including some tips and tricks on how to unnerve your adversary by „being American on purpose“, for example by naturally applying certain U.S. procedural tools and tactics which, normally, are not used in a German lawsuit (written witness statements or even video depositions). If smartly used, such an approach can somewhat unhinge the opponent.

Who is the workshop for?

United States lawyers who wish to advise their U.S. clients with business ties to Europe on the basics of how to litigate in Germany (and Austria). U.S. law firms that provide legal advice to German business clients in order to understand their German client’s expectations with regard to litigation and arbitration. United States lawyers who are dealing with international litigation and who strive to better understand the tactics and  strategies in a German civil case. American legal scholars with an interest in the practical side of German civil litigation.

What does the workshop cover?

The key topics we explain and discuss in our German civil procedure workshops for United States litigators are:

  • How and when to bring civil action before a German court of law?
  • What German court to address. Does the plaintiff have a choice of forum?
  • How to stop the clock on German limitation
  • Dos and don’ts of German civil procedure
  • How to draft written pleadings
  • What is permitted witness preparation and what is illegal witness tampering in Germany?
  • The role of experts in German civil lawsuits
  • How to prepare and conduct the oral hearing in a German courtroom
  • When to consider a settlement: timing and strategy
  • Interim relief and appeals under German CPR
  • Legal cost in Germany

The workshop is specifically targeted at U.S. litigation lawyers. Thus, we cover many issues that are particularly important for German-American lawsuits, for example:

  • How to handle the language issue: does everything need to be translated into German?
  • Do witnesses who live in the USA have to travel to Germany to make a witness statement? Can U.S. citizens be forced to appear in a German court of law?
  • Can a U.S. lawyer appear and represent a client in German court? At least as co-counsel?
  • Be the American in the German courtroom: How to smartly use U.S. procedural tools (discovery, depositions) against a German adversary
  • non-legal strategies to use against the opposing party in a German-American litigation case

The seminar can be conducted as an in-house workshop at your law firm in the USA. Alternatively, U.S. lawyers can participate in our seminars in Germany which usually take place in the summer. Do not hesitate to ask for dates and rates.

If your law firm plans to establish a German desk at one of your offices, we also assist with finding qualified German lawyers who speak perfect English, have a basic understanding of the differences between the U.S. and continental European legal systems and who are willing to work in the USA. Graf Legal has advised a number of United States law firms with the setting up of a German desk.

For legal advice on German civil procedure and how to successfully litigate in Germany, contact the international litigation experts and trial lawyers at GrafLegal.

Copyright & Disclaimer All posts are copyrighted material. This blog is made available by Graf & Partners for educational purposes as well as to give you general information on German law, not to provide specific legal advice. Simply reading this blog does, of course, not result in any attorney client relationship between you and Graf & Partners. The blog should not be used as a substitute for competent legal advice provided by a licensed professional attorney in a specific legal matter.

Load more