Ordinance on court fees (Fee Tariff, GebT) (Gebührentarif, GebT) - Scope (GebT)

1. The provisions of this regulation apply to

a. Justices of the Peace;

b. * the Civil District Courts;

c. the Criminal Court;

d. the Juvenile Court;

e. the Coercive Measures Court;

f. the Tax and Expropriation Court;

g. the Cantonal Court.

1. The fees for judicial decisions and for other official acts are determined by the competent court.

2. If a judicial proceeding is concluded without a substantive decision, the dismissal fee is determined by the court if the settlement is conducted by it, and in all other cases, by the president of the court.

1. Where a fee scale with a minimum and maximum amount is provided, the competent court shall determine the fee in the specific case according to the value of the dispute and the significance of the matter. It shall also consider the complexity of the case as well as the labor and time expenditure involved.

2. In proceedings with extensive documentation, complicated legal or factual relations, those with particularly high dispute values, and in criminal cases with civil adhesion claims, the fees may be increased up to twice the ordinary rate, and in exceptional circumstances up to the maximum fee provided in § 52 para. 3 of the Law on the Organization of the Courts of February 22, 2001.

3. The fees shall include, on a lump-sum basis, expenses such as office costs, postage and telecommunications expenses, and publication costs.

4. Additional expenses, particularly translation costs and evidence costs, are charged in addition to the lump-sum fees.

5. These principles apply unless the applicable procedural provisions specify otherwise.

6. If expenses are not included in the fee, office costs, postage and telecommunications expenses, and publication costs can be billed as a lump sum up to CHF 400, or up to CHF 600 in cases involving substantial effort.

1. Ordinary decision fees may be reduced by up to half if no written explanation is provided.

2. In special cases, the competent court may set fees below the minimum amounts stipulated below or waive fees entirely.

3. Additionally, the competent court may waive the imposition of costs, in whole or in part, if equity reasons or the achievement of the penal purpose require it, if the recoverability of procedural costs is entirely impossible from the outset, or if a hardship case under § 5 paragraph 2 of this regulation is present.

1. In cases of hardship, procedural costs already determined and imposed on a party may be wholly or partially waived or deferred upon a substantiated application.

2. A case of hardship exists if the applicant proves their indigence and it is already established at the time of the cost waiver application that this is not of a merely temporary nature. Indigence is determined according to the criteria relevant for granting legal aid in civil proceedings.

3. Furthermore, procedural costs may be wholly or partially waived or deferred if considerations of equity or the achievement of the purpose of the penalty require it.

4. The subsequent waiver of procedural costs is excluded if legal aid was refused due to lack of prospect or would have been refused with certainty.

5. Applications for cost waivers are decided by the presidency of the court that made the decision. If the collection of costs is handled by the court administration, it is responsible for granting deferrals and installment payments.

6. Against the decision rejecting the cost waiver application, the person liable for costs may file a written and substantiated complaint within 10 days of delivery

a. * in civil matters against decisions of the presidencies of the civil district courts with the presidency of the cantonal court, civil law department;

b. in civil matters against decisions of the presidency of the cantonal court with the three-judge chamber of the cantonal court, civil law department;

c. * in criminal matters with the presidency or the three-judge chamber of the cantonal court, criminal law department;

d. in constitutional and administrative matters with the cantonal court, constitutional and administrative law department;

e. in social security matters with the cantonal court, social security law department.

1. Courts may charge the following fees for clerical activities

a. for copying documents per page: CHF 1-2.-; for mass copying per page: CHF 0.50.

b. for enforcement and finality certificates: CHF 20.-.

c. for other certificates and notarizations: CHF 20-50.-.

d. for granting access to records: CHF 20-1,000.-.

e. for preparing or copying extracts from minutes per page: CHF 10.-.

f. for reminder letters: CHF 20-50.-.

2. For the safekeeping of money, securities, and items up to CHF 5,000.-, a fee of 1% of the deposited value is charged for each commenced year, but at least CHF 20.-, and 1/2% of the value exceeding CHF 5,000.-, but at least CHF 50.-. The deposit is liable for fees and expenses.

3. Deposited sums of money starting from CHF 5,000.- shall accrue interest from the third month onwards at the current account interest rate applicable at the Basellandschaftliche Kantonalbank.

4. For other tasks performed by the office, a fee of CHF 20-1,000.- may be charged.

1. In the case of third-party requests for access to files during pending proceedings, the competent court may charge fees ranging from CHF 20-2,000, particularly to ensure protective measures for the benefit of parties involved in the proceedings, as well as legitimate public and private interests.

1. The following fees are charged by the Justices of the Peace

a. For the dismissal of a proceeding due to withdrawal of the claim, acknowledgment of the claim, or for other reasons, as well as for issuing a permission to sue, provided no hearing was conducted in these cases: CHF 50-300.

b. In all other cases, particularly for a decision, a judgment proposal, as well as for issuing a permission to sue or for the dismissal of a proceeding due to settlement, withdrawal of the claim, or acknowledgment of the claim, if a hearing was conducted beforehand: CHF 100-500.

2. The fee may be increased by half for conducting additional hearings.

1. The fees of the District Civil Courts are as follows

a. for provisional measures: CHF 100-5,000.

b. for legal protection in clear cases: CHF 100-5,000.

c. for the receipt of precautionary letters: CHF 100-1,000.

d. for court injunctions: CHF 100-1,000.

e. for conciliation procedures: CHF 100-500.

f. for final decisions with a disputed amount

1. up to CHF 10,000: CHF 200-1,500.

2. up to CHF 30,000: CHF 500-3,000.

3. up to CHF 100,000: CHF 1,500-10,000.

4. from CHF 100,001: CHF 2,000-30,000.

g. for final decisions with an indeterminate disputed amount: CHF 200-30,000.

h. for measures to protect marriages and measures protecting registered partnerships: CHF 200-3,000.

i. for divorces, annulment procedures, separations, and dissolutions of registered partnerships: CHF 200-15,000.

2. Furthermore, the following fees are charged

a. for the precautionary taking of evidence: CHF 100-5,000.

b. for rejecting a request for clarification and correction: CHF 100-1,000.

c. for orders, measures, and resolutions in debt enforcement and bankruptcy matters, as far as the determination of fees is left to the cantons: CHF 100-1,000.

d. for decisions on applications for reinstatement: CHF 100-1,000.

e. for declarations of nullity: CHF 100-3,000.

f. for missing person procedures: CHF 100-1,000.

g. for processing requests for legal assistance: CHF 100-1,000.

h. for rejecting a request for revision: CHF 100-2,000.

i. for the decision on the enforcement of court decisions and public deeds: CHF 100-1,000.

3. A fee of up to half the fee of the final decision is charged

a. for interim decisions;

b. for the adjournment of a scheduled hearing at the request of a party, without another case being able to be set for the respective hearing date;

c. for the decision on the annulment or confirmation of a default judgment;

d. for the conclusion of the proceedings without a substantive decision.

1. For the assessment of appeals or disputes submitted to the presidency or the three-judge panel of the Civil Law Division as the sole instance, the provisions of § 8 shall apply mutatis mutandis.

2. The Cantonal Court, Civil Law Division, also levies the following fees

a. for the assessment of complaints: CHF 200-10,000.

b. for orders and decisions of the presidency: CHF 200-10,000.

c. for orders and decisions in the field of arbitration: CHF 500-10,000.

1. The fee for final decisions set by the Presidium, the three-member chamber, and the five-member chamber of the Criminal Court and the Juvenile Court amounts to CHF 100-30,000.

2. In the case of independent subsequent decisions and independent measure proceedings, the fee amounts to CHF 300-10,000.

3. In the case of conducting an abbreviated procedure, a reduction of up to half of the fee for the final decision may be granted.

4. In the event of dismissal of proceedings due to the conclusion of a settlement, the fee may be reduced at discretion, or the imposition of a fee may be entirely waived.

5. If a duly summoned accused person fails to appear at the main hearing and the court must therefore schedule a new hearing, half of the fee can be charged, which would have been imposed for conducting the main hearing.

1. The fee to be determined by the compulsory measures court for decisions is CHF 100-10,000.-.

1. The fee to be determined by the three-member chamber of the Cantonal Court, Criminal Law Division, for final decisions amounts to CHF 1,000-30,000.

2. The fee to be determined by the five-member chamber of the Cantonal Court, Criminal Law Division, for final decisions amounts to CHF 2,000-30,000.

3. The fee to be determined for the non-admission of a revision request amounts to CHF 500-3,000.

1. The fee to be determined by the three-judge chamber of the Cantonal Court, Criminal Law Division, for decisions, amounts to CHF 500-20,000.

2. If the complaint is assessed solely by the procedural management, the fee to be determined amounts to CHF 300-10,000.

1. Procedural Orders, Interim Decisions, and Other Rulings do not incur a separate fee but are duly considered when determining the fee of the Final Decision.

2. A fee of up to half of the fee for the Final Decision is charged

a. for Dismissal Orders and Terminations of Proceedings;

b. for the adjournment of a previously scheduled hearing at the request of a party, provided that no other case can be scheduled during that time.

3. The fee amounts to CHF 200-3,000

a. for the rejection of applications for clarification or correction of decisions;

b. for the rejection of applications for the reinstatement of a deadline or date;

c. for the rejection of applications for the resumption of proceedings;

d. for the rejection of applications for a new judgment following a default judgment.

1. The following are free of charge

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| a. | the assessment of a request for cost remission according to Article 425 [Criminal Procedure Code](https://db.clex.ch/link/Bund/312.0/de); | | |

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| b. | the assessment of requests for the appointment of a public defender; | | |

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| c. | the assessment of requests for granting free legal aid for private complainants. | | |

2. The exemption from fees does not extend to appellate proceedings.

1. Procedural Orders, Interim Decisions, and Other Rulings do not incur a separate fee but are duly considered in the fee determination of the Final Decision.

2. The assessment of applications for Legal Aid is free of charge. The exemption from fees does not extend to the Objection Procedure.

1. The Tax and Expropriation Court charges the following fees

a. * for a final decision of the Presidium: CHF 100-1,000.

b. for a final decision of the Panel of Three: CHF 400-2,000.

c. for a final decision of the Panel of Five: CHF 500-5,000.

1. The Constitutional and Administrative Law Division charges the following fees

a. for a final decision by the Presidium: CHF 100-1,000.

b. for a final decision by the Chamber of Five: CHF 500-30,000.

1. The Department of Social Insurance Law imposes the following fees

a. In disputes regarding the approval or denial of benefits under the Federal Act of June 19, 1959, on Disability Insurance: CHF 200-1,000.

b. In all other proceedings involving frivolous or vexatious litigation: CHF 100-3,000.

1. The arbitral tribunal's decision fee amounts to CHF 200-30,000.

1. The Ordinance of May 3, 2004, on the Fees of the Courts and the Law Enforcement Authorities is repealed.

1. This regulation shall enter into force on January 1, 2011.

2. It shall apply to all proceedings not yet concluded as of this date.

3. The fee schedule of May 3, 2004, shall remain applicable for decisions of the procedural court in criminal matters.