The first court hearing is primarily a procedural date — the court confirms that all parties have been notified, checks whether the case documents are in order, and sets the schedule for the next steps. In a civil case, the first hearing typically involves verifying service of summons on the defendant and asking the defendant to file a written statement. In a criminal case, the first hearing involves the appearance of the accused, consideration of bail (if applicable), and sometimes the reading of charges. The case is almost never decided on the first day.
Why this matters
Walking into an Indian court for the first time can be intimidating. The corridors are crowded, case numbers are called out rapidly, lawyers are huddled in conversation, and you may have no idea where to go or what to expect. But the first hearing is usually the least dramatic part of a case — it is mostly administrative. Knowing this removes anxiety and helps you focus on what matters: being present, being prepared, and letting your lawyer handle the procedure.
Before the hearing — what to prepare
Check the cause list
The cause list is the daily schedule of cases for each courtroom. It is published the evening before the hearing.
- Check online: ecourts.gov.in — search by case number, party name, or advocate name
- Check at the court: Cause lists are displayed on notice boards outside each courtroom
- Note your case number, courtroom number, and serial number on the list
Gather your documents
Bring:
- Court summons or hearing notice (the original)
- All case-related documents — agreements, FIRs, property papers, correspondence
- Photo ID — Aadhaar, voter ID, or passport
- Lawyer's contact number — in case you cannot find them at the court
- Pen and notebook — to note down the judge's orders and next date
Dress code
Indian courts expect formal and respectful attire:
- Men: Formal shirt and trousers (no shorts, sleeveless shirts, or casual wear)
- Women: Formal salwar-kameez, sari, or formal Western wear
- No jeans, T-shirts, or flip-flops — many courts strictly enforce dress codes and may deny entry
Reach early
Arrive at least 30-60 minutes before the listed time. This gives you time to:
- Find the courtroom
- Meet your lawyer
- Review any last-minute developments
What happens in a civil case — first hearing
Step 1: Case is called
The court reader (also called the bench clerk) calls out the case number from the cause list. Your lawyer should be present in the courtroom when your case is called.
Step 2: Service of summons is verified
The judge first checks whether the defendant (the person you filed the case against) has been properly served with summons. If:
- Summons served: The case proceeds to the next step
- Summons not served: The court issues fresh summons and gives a new date — this can happen multiple times and is one of the biggest causes of early-stage delay
Step 3: Defendant's response
If the defendant is present, the court may ask if they accept or deny the claim. Typically, the defendant is given time to file a written statement (their defence). Under the CPC:
- The defendant has 30 days to file the written statement (extendable to 120 days)
- The court sets a next date for the written statement to be filed
Step 4: Next date is given
The judge gives a new hearing date — typically 2-4 weeks later. The court may also:
- Direct the parties to attempt mediation
- Pass interim orders if urgently needed (e.g., injunction to prevent demolition of a building)
- List the case for admission hearing (in the High Court)
In practice: The first hearing in a civil case rarely lasts more than 5-10 minutes. Most of it is administrative.
What happens in a criminal case — first hearing
Step 1: Accused appears
The accused (or their lawyer) must be present. If the accused has been arrested, they are brought from custody. If on bail or anticipatory bail, they appear on their own.
Step 2: Charges are communicated (or bail is considered)
The court may:
- Read out the charges to the accused and ask if they plead guilty or not guilty
- Consider bail if the accused is in custody (for bailable offences, bail is a right; for non-bailable offences, the court has discretion)
- Frame charges — identify the specific offences the accused will face trial for
Step 3: Copies of documents provided to accused
Under Section 230 of the BNSS (earlier Section 207 CrPC), before the trial begins, the accused must be given copies of:
- The FIR
- The chargesheet (police report)
- Statements of witnesses recorded during investigation
- All documents the prosecution relies upon
Step 4: Next date is given
The judge sets a next date for the case — often for the prosecution to present evidence or for the accused to apply for discharge (if they believe the charges are baseless).
What happens in a private complaint case — first hearing
If you filed a private complaint before the Magistrate (Section 223 BNSS):
- The Magistrate examines you on oath — you tell the court your version of events
- The Magistrate may examine your witnesses
- If satisfied that there is a prima facie case, the Magistrate issues process (summons or warrant) to the accused
- If not satisfied, the Magistrate may dismiss the complaint
- Next date is set for the accused to appear
Court etiquette — how to behave
- Stand up when the judge enters or leaves the courtroom
- Address the judge as "Your Honour" (or "My Lord" in the High Court and Supreme Court)
- Do not speak unless asked by the judge or unless your lawyer asks you to respond
- Switch off or silence your mobile phone
- Do not eat or drink in the courtroom
- Do not argue with the opposite party or their lawyer — all communication goes through your lawyer and the judge
- Be patient — courts often run behind schedule; your case may not be called at the exact listed time
What if things go wrong
If you miss the first hearing
Civil case: If the plaintiff (person who filed the case) is absent, the court may dismiss the case for default. If the defendant is absent, the court may proceed ex parte (without the defendant's participation). Both situations can be rectified by filing applications, but it creates avoidable complications.
Criminal case: If the accused fails to appear, the court may issue a bailable warrant or a non-bailable warrant for their arrest.
Action: If you cannot attend, inform your lawyer immediately. Your lawyer can represent you in most situations, and the court can grant adjournment for genuine reasons.
If summons is not served on the other party
This is common and causes delays. The court will issue fresh summons, and the case is adjourned. In persistent cases, the court may order service through:
- Registered post
- Publication in a newspaper (substituted service)
- Affixation at the last known address
If you do not have a lawyer
You can appear in person (in propria persona). The judge will generally guide unrepresented litigants on basic procedure. However, strongly consider getting a lawyer — even free legal aid through NALSA (15100) — before the next hearing.
Documents and resources you need
- eCourts website: ecourts.gov.in (check cause list, case status)
- eCourts app: Available on Play Store and App Store
- NALSA helpline: 15100 (free legal aid)
- Court complex map: Many district court websites have maps of the court premises
- Your case number: Written down and memorised
Common myths
Myth: The case will be decided on the first hearing. Reality: Almost never. The first hearing is purely procedural — service verification, document filing, and date setting. Trials take many hearings.
Myth: You must be present at every hearing. Reality: In most civil cases, your lawyer can appear on your behalf. However, in criminal cases, the accused generally must appear in person unless specifically exempted by the court.
Myth: If you reach late, your case is dismissed. Reality: Courts call cases in serial order and often run behind schedule. If you are slightly late, your case may not have been called yet. However, habitual absence can lead to adverse orders.
Myth: You can speak directly to the judge. Reality: All communication happens through your lawyer. If you are unrepresented, you can address the judge, but with proper decorum and only when permitted.
The law behind this
| Aspect | Civil Case | Criminal Case |
|---|---|---|
| Summons | Order V CPC | Section 251 BNSS |
| Written statement deadline | 30 days (extendable to 120) | Not applicable |
| Accused's right to documents | Not applicable | Section 230 BNSS |
| Framing of charges | Not applicable | Section 272 BNSS |
| Mediation referral | Section 89 CPC | Section 360 BNSS |
| Ex parte proceeding | Order IX CPC | Section 276 BNSS |
Frequently asked questions
How long does the first hearing last? Usually 5-15 minutes. It is primarily administrative. Do not expect a detailed hearing on the merits of your case on the first day.
Can I get bail on the first hearing? Yes, especially for bailable offences where bail is a right. For non-bailable offences, the court will consider your bail application on the first hearing itself, but may adjourn to hear arguments on the next date.
What if the judge sends the case for mediation? Under Section 89 CPC, the court can refer the case for mediation. This is usually a good thing — mediation is faster, cheaper, and more amicable than a full trial. If mediation fails, the case returns to court.
Can I change my lawyer before the first hearing? Yes. You can file a new vakalatnama with a different lawyer at any time, even before the first hearing.
What if I received a summons but do not understand it? Take the summons to a lawyer (you can get free legal advice at the DLSA office in the court complex). The lawyer will explain what the case is about, what court to go to, and what you need to do.