FAQ

Frequently asked questions that Attorney Dr. Nademleinsky has been asked relating to practical situations at the Austrian (Family) Court have been of the following:

If summoned to, or simply attending the Austrian (Family) Court, what would be the dress code?

Should you be summoned to, or simply attending an Austrian family court, Attorney Dr Nademleinsky suggests considering three points when choosing your clothing:

• the respect you wish to show the judge through your clothing
• whether the clothing is comfortable (and not too warm)
• whether your clothing suits your personal style, as an authentic appearance will enhance your personal credibility and therefore persuasiveness.

Will there be a security check at the court entrance, and if so, what must and could I take with me?

Yes, indeed says Attorney Dr Nademleinsky, this is an important point for, for many years now, there have been security checks at all courts (which are similar to those at airports). Should you be summoned to, or attending any court, you should be prepared to undergo a brief security check at the entrance to the court building. Therefore Attorney Dr Nademleinsky suggests allowing around 10 minutes to pass through the security gates to your time schedule. Depending on the circumstances, liquids may be permitted in individual cases. Further, as is often mentioned in the court summons, in order to gain access to the court building, it is best to bring a summons to the hearing as well as proof of identity.

What can I expect in the courtroom? What would the given etiquette be?

According to Attorney Dr Nademleinsky, there is indeed a specific code of conduct which is to be observed in Austrian (family) courts; albeit in practice far less formal than that which we may be familiar with following American or British films. Formal acts such as how and when to address the judge, particular prescriptions pertaining to seating arrangements, participants or attenders allowed at the hearing, the procedure of the hearing itself; as well as answers to questions about which rights to ask questions and which obligations to answer follow which rules – whether tacit or explicit–  are all thoroughly discussed with Attorney Dr Nademleinsky when he makes preparations with his clients in advance of a court hearing.

Who is allowed to speak according to which prerogative at court?

According to Attorney Dr Nademleinsky, despite the somewhat more informal approach in contrast to British or American courts, given that there may be no specific guidelines concerning speaking prerogative for each particular stage of the proceedings in general in Austrian courts, there is however one clear recommendation which he would always make: unless addressed directly by the judge, the legal counsel especially the attorney should speak for their client in court, whether answering questions on their behalf – or refusing to answer them! After all, that is (partly) what they are being paid for! Of course, depending on the situation, Attorney Dr Nademleinsky would discuss with clients how to answer questions posed at court.

Which documents could I bring with me to my hearing or use when testifying?

According to Attorney Dr Nademleinsky, it is perfectly understandable that while being challenged by the stressful situation at court during a hearing, and having to call to mind aspects of a case such as for example, important events which may often lie far back in the past, or perhaps certain facts which could be diabolically detailed, you wouldn’t want to make any mistakes in your testimony. However, he says that at the same time, it would be a delicate balancing act between relying on documents which you may have brought with you and speaking freely when giving your testimony. Under no circumstances, says Attorney Dr Nademleinsky, should you put yourself in the position in which you may be admonished by the court for reading from a sheet of paper!

Can I use the toilet? Would this be possible?

According to Attorney Dr Nademleinsky, the Austrian (Family) Court, of all places, is very well acquainted with all things human! As he continues, we are all human beings and nothing human is alien to anybody at court. It is possible, of course, to go to the toilet at any time and, if necessary, your hearing would be interrupted for this purpose.

How long does or could an Austrian court hearing usually last?

According to Attorney Dr Nademleinsky, the court usually determines the standard duration of a court hearing in the particular summons to the hearing. Experience has shown that the planned duration is usually adhered to fairly well, but unfortunately delays cannot be ruled out and do, on occasion, happen.

When will I be notified of court dates?

Attorney Dr Nademleinsky quotes an Austrian saying: “the wheels of Austrian justice turn thoroughly, but slowly.”  Austrian court hearings usually take place at intervals of every two to three months (or even more) and are therefore generally scheduled and made known to parties involved many weeks in advance. Notification is usually provided by the legal counsel to their clients.

Would a recording or transcript of the court hearing be made, and if so, would it be available to me?

According to Attorney Dr Nademleinsky, the court hearing would not be as a rule recorded on any video, but it would in general be recorded by the judge, i.e. on a dictaphone. A ‘word-for-word’ recording would only be made in specific cases in which every particular word would be crucial. The written transcript of the audio recording would usually be sent to the legal counsel within a few days, however, sometimes even a few weeks, following the hearing.

Could I perhaps record (during) the hearing on my mobile phone?

According to Attorney Dr Nademleinsky, the answer to this question is an unequivocal NO! Under no circumstances would this be allowed or tolerated. Secret (audio) recordings are generally problematic, whatever the case may be, and any recordings are expressly prohibited while in court.

Would an interpreter be provided by the court, if necessary? If so, what costs would be involved? Would it be possible to bring my own interpreter to court?

According to Attorney Dr Nademleinsky, should you need an interpreter, either the court will appoint one upon request with due notice (from a specific list of interpreters which have the court’s approval), or you could bring your ‘own’ interpreter with you (at your own discretion from which may follow that in this case, it would have to be a wise choice). The costs for the interpreter if appointed by the court are usually shared with the costs of the proceedings, however, the details depend on the specific case.

Other questions to be answered in court / in short !...