Have you been subpoenaed? Find out what steps you need to follow

Have you been summoned to court? Since it is extremely important in a trial to know how things work, namely your rights and obligations when you are summoned to court, especially if you have not had contact with the courts before, we decided to write this article to inform you of the most important steps to take when you find yourself in this situation.

First of all, it is important to know that any summons you may receive will be sent directly from the court (regardless of the nature of the dispute – civil, commercial, labor, etc.). The first step that must be followed is to read the summons or the request for summons received, in order to specifically understand the reason for which you were summoned, your capacity (defendant/witness, etc.), the date, time and the competent court (be careful – failure to appear in court or the lack of a response may have undesirable legal effects, in the sense that you may be deprived of the opportunity to express your point of view in the case).

A second essential issue that you must consider is the time limit within which you have the opportunity to defend yourself by means of a defense. As a rule, in civil matters, for example, upon receipt of the Summons, the summons provides for an imperative term of 25 days within which you must proceed to file the Defense (according to the provisions of art. 205 par. (1) Civil Procedure Code „(1) The defense is the procedural act by which the defendant defends himself, in fact and in law, against the summons.”).

What happens if you do not file your response within the deadline set in the summons you received?

Unfortunately, these deadlines are regulated by law, so failure to comply with them may even lead to the loss of the right to invoke certain defenses or procedural exceptions in the respective file.

What should the Defense document contain?

The provisions art. 205 alin. (2) Cod proc. civ. expressly state all the information that you will need to include in the Complaint, so that the latter is drafted in accordance with legal conditions:

„a) the defendant's surname and first name, personal identification number, domicile or residence or, for legal entities, the name and headquarters, as well as, as the case may be, the unique registration code or fiscal identification code, the registration number in the trade register or registration number in the register of legal entities and the bank account, if the plaintiff did not mention them in the summons. The provisions of art. 148 paragraph (1) sentence II are applicable accordingly. If the defendant lives abroad, he shall also indicate the chosen domicile in Romania, where all communications regarding the process are to be made to him;

b) the procedural exceptions that the defendant invokes against the plaintiff's request;

c) the response to all claims and factual and legal grounds of the application;

d) the evidence used to defend against each head of claim, the provisions of art. 194 letter e) being applicable accordingly;

e) signature.”

After you have drafted the Response in a compliant manner, respecting the deadline specified in the Summons/Address received from the court, you will have to submit it together with all the documents on which you rely, respecting the following rule: one copy will be submitted for the court and one copy for each plaintiff.

Another thing to consider is the need to gather evidence – any relevant documents or evidence that can support your point of view before the court. You can also request through the Welcome the hearing of witnesses, the performance of expert opinions, the issuance of addresses to various institutions or any other evidence that would appear necessary for the fair resolution of the dispute.

Can you propose evidence even after the moment of submitting the Defense document?

According to the provisions of art. 254 paragraph (1) of the Civil Procedure Code, as a rule, evidence in the trial is proposed by the plaintiff through the Summons Application, and by the defendant through the Defence, under penalty of forfeiture. However, the law provides for a series of exceptional situations in which evidence and proof may also be proposed during the trial, after the filing of the Summons Application and the Defence, namely:

1. whether the need for evidence results from the modification of the application;
2. if the need to administer evidence arises from the judicial investigation and the party could not have foreseen it initially;
3. if the party proves to the court that, for well-justified reasons, he/she was unable to submit the requested evidence within the deadline;
4. whether the administration of the evidence requested subsequently would not result in a postponement of the trial;
5. if there is the express agreement of all parties.

The manner and timing of administering the evidentiary material related to each individual case is established by the court, respecting the legal provisions in force, but in this situation a lawyer can guide you and ensure that the evidence and proof requested by you during the trial will be administered legally and in accordance, so as to expressly highlight your claims on the case.

If you are summoned to court, do you have to appear at every court date?

Throughout the process, it is extremely important to appear at the deadlines set by the court and to actively participate in all actions taken during the process (you can request evidence, make requests, etc.) Passivity does not bode well in court!

However, if you have a lawyer, you will no longer have to appear in person at all the deadlines set by the court, as he can carry out all the steps on your behalf, subsequently informing you about all the relevant circumstances during the court hearing. However, our recommendation is, even if you have hired a lawyer, to be as active as possible, since in the end it is about your rights and interests.

So, have you been summoned to court? It is important to remain calm and carefully analyze the documents received, an extremely important first step being to contact a specialized lawyer who can adequately defend your interests. In this regard, theTS Law Team can provide you with legal advice throughout the process, we can draft the necessary legal documents on your behalf and, last but not least, we can successfully represent/assist you in front of the competent courts.