søksmålet

Søksmålet, the lawsuit, is the civil action brought before Danish courts to resolve disputes between private individuals, companies or public authorities where a remedy or declaration is sought. It covers matters such as contract disputes, tort claims, property rights, family law and other non-criminal issues. The term is used in contrast to criminal proceedings, where the state prosecutes alleged offenses.

Initiation and process typically begin with the filing of a stævning (summons) at the relevant court. The stævning sets out the facts, the legal grounds for the claim and the remedy sought. The defendant is served with the stævning and must respond within a prescribed period by a svarskrift (defense). After pleadings, the case proceeds to evidence gathering, hearings or, in some instances, a decision based on the written materials alone. The court can also encourage settlements or informal negotiations at various stages.

Courts and appeals follow a defined path. Most civilsøksmål are heard in a byret (district court) as the first instance. Decisions can be appealed to a landsret (appellate court), of which there are two main divisions: Østre Landsret and Vestre Landsret. Further appeal is possible to Højesteret (the Supreme Court) in limited circumstances.

Outcomes include a dom (judgment) that may require payment of damages (erstatning), performance of obligations (opfyldelse), and the allocation of costs (omkostninger). If a party fails to comply with a judgment, enforcement actions may be pursued. Søksmålet thus represents the formal mechanism by which civil rights and obligations are legally recognized and enforced in Denmark.