Legal advice on litigation

Your litigation - legal proceedings

Do you or your company have a dispute with a customer or supplier? Are you involved in legal proceedings? Contact our lawyers for information on the steps to take in the event of a dispute, whether civil, administrative or criminal.

Legal advice on litigation

Frequently asked questions

See the most frequently asked questions and find the solution to your problem.

01
How are the judicial authorities organized?
Generally speaking, judicial authorities are divided into three main categories: civil, administrative and criminal. For each of these categories, there is, in principle, an authority of first instance, which varies from canton to canton, and an authority of second instance, also known as an appeal authority. The Federal Supreme Court is the final authority, dealing with civil, administrative and criminal cases.
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02
How to determine which authority to contact to assert your rights?
Civil judicial authorities deal with disputes between private parties (individuals or corporate bodies). Administrative authorities deal with disputes under public law, i.e. in principle disputes against the administration. Criminal authorities deal with criminal proceedings. Which authority to turn to therefore depends on the nature of the dispute in question. It is possible for a single dispute to give rise to proceedings before several authorities at once, whether civil, administrative or criminal.
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03
When and how to initiate civil court proceedings?
When no settlement can be reached in a dispute between private parties, proceedings before the civil courts are necessary. In most cases, proceedings are initiated by filing a conciliation petition. This petition is used to obtain a conciliation hearing, at which a judge attempts to bring the parties to a settlement of their dispute.
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04
How are civil court proceedings conducted?
Civil proceedings are largely conducted in writing, with one or more hearings before the court, depending on the type of proceedings. In principle, each party has at least one opportunity to present its case in writing. In most proceedings, it is then possible to decide on the opposing arguments in writing. In most cases, a court hearing is held in the presence of the parties. Depending on the procedure, there may also be hearings to hear witnesses or experts. Once all these steps have been taken, the court issues a judgment, often after the parties have pleaded their case, either in writing or orally.
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05
When and how to initiate proceedings before the administrative authorities?
When you are the subject of a decision by an authority with which you disagree, it is necessary to challenge that decision. This could be a decision by the tax authorities, a construction decision or a social insurance decision, for example. In most cases, the first step is to challenge the disputed decision directly with the authority that issued it, by lodging an objection. The authority must then issue a new decision. If the dispute remains unresolved, you must then turn to one or more cantonal appeal authorities, which vary according to the area concerned and the canton in which you live. In all cases, deadlines apply and must be respected.
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06
What is the procedure for dealing with administrative authorities?
Proceedings before administrative authorities are largely conducted in writing. It is therefore necessary to set out one's arguments in writing and to produce the necessary supporting evidence. In certain cases, an authority may wish to hear one or more parties or witnesses. In such cases, the parties concerned are summoned to a hearing.
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07
When and how to initiate criminal proceedings?
Proceedings before the criminal authorities are usually initiated when you are the victim of an offence. In principle, proceedings are initiated by lodging a complaint with the police, but in more serious cases they may be initiated directly by the public prosecutor. In some cases, the right to lodge a complaint is limited in time to a period of three months following knowledge of the offence. It is therefore important to obtain information soon enough about the time limits applicable to filing a complaint.
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08
How are criminal proceedings conducted?
In principle, the procedure begins with the filing of a complaint, which can be made either to the police or directly to the relevant cantonal public prosecutor's office. It is also possible to report a known offence. The police and/or the public prosecutor's office will then take the necessary investigative steps. The procedure is partly written and partly oral, insofar as several hearings are often held to hear the necessary persons (defendants, complainants, witnesses, experts, etc.). At the end of the investigation procedure, the public prosecutor's office either issues a criminal order or sends the case to court for trial.
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