Summons
A summons is a call to appear before the judge and it is the first piece of documentation in a civil or criminal procedure. It indicates what the case is about and also mentions where and when proceedings will be carried out, and in which court you should appear. It may be a cantonal court, a first instance court, a criminal court, a tribunal, the Supreme Court or a juvenile court. If you are summoned, it is very important that you contact a lawyer as soon as possible.
As court procedures are often very complex, it is essential for you to count with an expert who knows how to guide you through all the laws and regulations. If you are summoned in connection with a criminal procedure, the lawyer will request your criminal case file as soon as possible. Then, and according to said file, the lawyer will discuss the case with you, will explain possible applicable solutions and will also start the required proceedings (such as a witness examination). The lawyer will also decide whether witnesses should be summoned to testify in your favour.
During the proceedings, such lawyer will act as your defence counsel and will answer the prosecutor's accusation on your behalf. Depending on the seriousness of the case, the competent court will be an investigation court (dealing with the less serious and simpler cases) or a Tribunal made up of three judges (for more complex and serious cases).
You might consider that you have been summoned unfairly. In this case, you may file a claim before the court within a term of 8 days. The claim will be addressed to the court before which you should appear. It will describe as clearly as possible the reasons why you do not agree to the summons. For example, that you consider yourself not guilty. The court will decide on your claim and the judge may ask you questions about it. If the judge thinks it is not properly supported or unacceptable, your case will be solved normally at the moment and in the place mentioned in the summons. Consult one of our lawyers previously if a claim is pertinent in your case.
In a Civil Law case, the lawyer will discuss the content with you and prepare, jointly with you, a (written) statement of defence. Depending on the opinion of the judge, the proceedings will continue with the parties' appearance in court, a second stage of written documents or a sentence. For this reason, consulting a lawyer rather than doing it yourself is vital. If the case is within the competence of a cantonal judge, you will be fully empowered to do all the proceedings as a lawyer would. However, we advise you to resort to a lawyer to protect yourself from all the traps.