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Litigation in the Czech Republic

rutland ježek, a Czech law firm in Prague on the litigation in the Czech Republic
 
  1. There are 86 District Courts and 8 Regional Courts located throughout the Czech Republic which deal with the cases in the first instance. The courts deal with civil, criminal and administrative cases. Each case is usually solved by one professional judge; there is no jury at Czech courts, only sometimes there is a panel consisting of one professional judge and two laypeople.

  2. In general, everyone residing in the Czech Republic and every entity having seat in the Czech Republic can be sued in front of Czech courts. Further, there is usually jurisdiction of Czech courts over cases having some substantial link to the Czech Republic (e.g. property located in the Czech Republic, injury which happened in the Czech Republic, etc.).

  3. Usually, the parties of the dispute cannot choose at which court the proceeding will be held. There is an exception for disputes related to business issues where both parties agree. Based on mutual consent the dispute can be solved also by arbitration outside the court system.

  4. Against most of the first instance court decisions an appeal is possible. Regional Courts deal with the appeals against District Courts' decisions. Further, there are 2 High Courts, Supreme Court, Supreme Administrative Court and Constitutional Court.

  5. The person filing a law suit (plaintiff) usually has to pay a court fee in order to initiate the proceeding. The general court fee in cases where the plaintiff seeks a payment from the defendant is 5%. There are exemptions for some groups of plaintiffs and some groups of cases.

  6. The party which loses the case is in most of the cases obliged to pay the expenses of the court proceeding which consist of initial court fee, costs of legal representation of the winning party in the amount calculated based on the administrative decree and other reasonably spent costs of court and the winning party (e.g. expert's opinions, witnesses' wage compensation).

  7. Due to the unreasonable length and questionable quality of the proceedings in front of the Czech courts, lot of entrepreneurs choose arbitration in front of the Arbitration court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic instead of regular courts. The general arbitration court fee is 4 % of the claimed value in domestic disputes.
 
Czech company law

Injury and its compensation

including medical malpractice

 
DISCLAIMER

Please note that the list of legal matters stipulated in this section cannot be considered and exhaustive and comprehensive list of all issues arising under Czech law, further is not a legal opinion or advice in any manner, and only expresses view of rutland ježek, law firm on certain specific issues of Czech law.