Filing a Lawsuit

Filing a lawsuit

Definition and Classification

The filing of a lawsuit refers to the formal act by which a party initiates court proceedings in order to assert a legal claim or obtain a judicial decision. In Germany, the filing of a lawsuit marks the official beginning of a civil process and is usually carried out by submitting a written statement of claim to the competent court. The term is predominantly used in connection with civil proceedings, but can also occur in the fields of labor, administrative, or social law.

Role in Daily Law Firm Practice

In law firms, the filing of lawsuits is a frequent and significant step in legal work. It constitutes a central part of case handling, once out-of-court efforts to resolve disputes prove unsuccessful or a judicial decision is required. Typical areas of application include the enforcement of payment claims, the assertion of damages, or the defense against unfounded claims.

For law firm staff, handling and accompanying lawsuits is an important part of their daily work, requiring a structured approach and precise knowledge of procedural rules.

Processes and Procedures

Preparing the Filing of a Lawsuit

Prior to filing a lawsuit, staff members review together with their supervisors whether the prerequisites for filing a lawsuit are met. This includes, among others:

• Precisely establishing and documenting the underlying facts of the case.
• Assessing the legal basis of the claims and prospects of success.
• Reviewing whether pre-litigation actions, such as a formal demand letter, are required or have already been carried out.

Drafting the Statement of Claim

The statement of claim is the central document in the filing of a lawsuit. It must fulfill formal requirements and include the following information:

• Identification of the parties, including addresses.
• The competent court.
• A clear definition of the subject matter and the claims.
• A presentation of the facts and the legal justification.

Preparation is often carried out in close consultation with the clients as well as using templates, technical tools, or reference literature.

Submission and Follow-up

After completion, the statement of claim is filed with the court, usually electronically or in writing, depending on the requirements of the respective court. After submission, the court serves the document on the opposing party and sets deadlines for subsequent procedural steps.

Staff monitor the progress of proceedings, keep track of deadlines, and, if necessary, prepare further pleadings, statements, or evidence.

Framework Conditions and Standards

Organizational Guidelines

Each law firm develops its own standards for the handling and documentation of litigation. Important organizational guidelines include:

• Deadline management: systematic recording and monitoring of all relevant dates.
• Quality control: reviewing all pleadings for completeness and compliance with formal requirements.
• Client communication: regular updates to clients about the status of the case.

Technical Tools

In today’s law firm practice, various technical aids support the lawsuit filing process:

• Digital file management for structured documentation.
• Deadline management systems for reminders of important dates.
• Word processing programs and case management systems for efficient drafting and storage of statements of claim and court documents.
• Electronic legal communication for secure transmission of pleadings to courts.

Common Practices

Established practices include thorough preliminary research, fully documented case files, and the four-eyes principle for key pleadings. This serves to ensure quality and traceability in case handling.

Practical Reference: Handling in Daily Law Firm Operations

For staff—in particular, junior employees—filing a lawsuit involves combining legal analysis, client communication, and organizational accuracy. In many firms, new team members are mentored by experienced colleagues and introduced to all steps. Caution is especially essential when drafting statements of claim and monitoring deadlines.

Day-to-day work typically involves the following tasks:

• Preparation and analysis of the initial situation through discussions and file review.
• Drafting and revising statements of claim.
• Deadline tracking and scheduling.
• Communication with courts and clients.
• Accompanying the entire procedural sequence up to the final decision or settlement.

Opportunities and Challenges

Opportunities

• Development of a structured working approach and organizational skills.
• Acquisition of knowledge in procedural organization and case work.
• Opportunity to gain practical insight into the entire course of court proceedings.
• Development of key soft skills such as communication, teamwork, and time management.

Challenges

• High demands for accuracy and meeting deadlines.
• Complex substantive and formal requirements for pleadings.
• Coordination of various internal and external communication processes.
• Flexibility and resilience under short-term tasks or unexpected developments during proceedings.

Frequently Asked Questions

What is the difference between ‘Klageerhebung’ and ‘Klageeinreichung’? In everyday language, both terms are often used synonymously. Legally, however, ‘Klageerhebung’ denotes the formal act of initiating proceedings, while ‘Klageeinreichung’ is the practical act of submitting the statement of claim to the court.Who is responsible for filing a lawsuit in a law firm? The preparation and processing of the lawsuit is carried out as a team, involving all relevant staff. The final signing of the statement of claim and submission to the court are usually the responsibility of the responsible legal professionals.What deadlines must be observed? Filing a lawsuit involves various deadlines, such as limitation periods or procedural deadlines for the statement of claim and subsequent pleadings. Consistent deadline management is essential.What role do technical tools play in filing lawsuits? Digital tools facilitate documentation, deadline tracking, and communication. In many cases, the lawsuit is filed electronically with the court.How does client communication work? Staff regularly inform clients about the status of the lawsuit, explain the proceedings, and are available for questions.

This article provides practical insight into the meaning, procedures, and requirements surrounding the filing of lawsuits in daily law firm operations and is especially aimed at young professionals and those starting their careers who are interested in working in a law firm.

Frequently Asked Questions

Who is entitled to file a lawsuit?

In principle, any natural or legal person who asserts a violation or endangerment of their own rights is entitled to file a lawsuit. In civil proceedings, this capacity is referred to as legal capacity and standing to sue. A person is legally capable if they are capable of holding rights and obligations. Standing to sue means that the claimant must have their own legal interest in enforcing the claim in dispute. In special situations, such as legal standing by proxy, someone may also file a lawsuit for the rights of another, provided statutory authority is present, e.g., in the case of class actions under the Capital Investor Model Proceedings Act (KapMuG) or the Injunctions Act (UKlaG). In specific areas of law, there may also be special provisions on legal standing, such as in environmental law, where recognized associations under certain circumstances have standing to sue.

What are the formal and deadline requirements for filing a lawsuit?

The form and deadlines for a lawsuit depend on the type of proceedings and statutory regulations. In civil proceedings under § 253 ZPO, the statement of claim must be submitted in writing or electronically to the competent court. It must include details of the plaintiff, defendant, their representatives, the subject matter of the dispute, and a specific claim. Deadlines for filing may arise from substantive or procedural law. Substantive law deadlines include, for example, the statute of limitations for the asserted claims. In administrative law, such as appeals against administrative acts, a one-month deadline applies after notification of the act (§ 74 VwGO). Violations of form or deadline requirements may render the lawsuit inadmissible.

What costs arise from filing a lawsuit?

Filing a lawsuit regularly involves various costs. These primarily include court costs, which are determined based on the amount in dispute and are collected at the start of proceedings as an advance payment or fee. Further details are provided by the Court Costs Act (GKG) in civil and administrative proceedings. There are also costs for legal representation, which are calculated according to the Lawyers’ Remuneration Act (RVG). If experts or witnesses are engaged, additional expert and witness compensation may arise. Under certain circumstances, legal aid can be requested, enabling full or partial coverage of costs by the state, provided the legal requirements (financial need and sufficient prospects of success) for the lawsuit are met.

How do court proceedings progress and what types of proceedings exist?

In principle, legal proceedings begin with the formal submission of a lawsuit to the competent court. Once the lawsuit is accepted, it is served on the defendant, who is then asked to respond. Depending on the type of court—civil, administrative, labor, social, or fiscal courts—the details of the process differ but generally follow a similar basic pattern: filing the lawsuit, service, exchange of pleadings, oral hearing, taking of evidence, and pronouncement of judgment. In addition, there are different types of actions, such as actions for performance, declaratory actions, constitutive actions, or in administrative law, actions for an order and actions for failure to act. The correct choice of legal course and court depends on the need for legal protection and area of law; otherwise, the lawsuit may be dismissed as inadmissible.

What role does the so-called “legal course” (Rechtsweg) play in filing a lawsuit?

Before submitting a lawsuit, it is essential to determine which legal course (Rechtsweg) is open, i.e., which court has jurisdiction over the dispute. The applicable legal course is specified by law and depends on the nature of the matter in dispute. Civil courts have jurisdiction over private disputes, while for public law disputes without a constitutional character, the administrative courts are generally competent (§ 40 VwGO). Specialized courts exist for certain fields, such as labor, social, or fiscal courts. If a lawsuit is filed with a court lacking jurisdiction, the case can be referred to the appropriate court, but in the worst case, the lawsuit may be declared inadmissible.

What options exist for withdrawal or amendment of a lawsuit?

The plaintiff may generally withdraw the lawsuit at any time until the judgment becomes final in accordance with § 269 ZPO. Before the oral hearing, withdrawal is possible unilaterally; afterward, the defendant’s consent is required. Withdrawal terminates the pendency of the claim and the proceedings are discontinued; usually, the costs must be borne by the plaintiff. Amendment of the lawsuit is only permissible under certain conditions in accordance with § 263 ZPO, for example, if the subject matter or claims are to be changed and this serves the case, with the defendant’s consent or if the court considers it appropriate. Admissibility depends in detail on the stage of the proceedings and the procedural consequences for the parties.