© Advocaat.be - Orde van Vlaamse Balies, 2024
First instance
What is first instance?
That is the first proceeding in which a judge considers your case. The person who initiates, summons the opposing party to court via a summons or petition.
At the preliminary hearing, the case is often not heard yet. This allows both parties prepare a written defence and gather documentary evidence gather. After that written part, the lawyers explain the case to the judge in oral argument. The court then takes the case under consideration and issues a judgment. You can then judgment you can then appeal.