Rules of Procedure of the Regional Court of Maloja - Subject Matter

1. This Rules of Procedure regulates parts of the organization and the judicial administration of the Maloja Regional Court.

1. The Regional Court of Maloja consists of a civil chamber and a criminal chamber.

2. Each chamber is composed of at least one presiding judge, one deputy, and three additional judges.

1. The panel of a chamber generally consists of the respective chairperson or a deputy and two additional judges.

2. The chairperson acts as a single judge to the extent that the jurisdiction for a single judge exists. For a specific legal area or a particular type of proceeding, the full court may designate another member of the chamber as a single judge.

3. To the extent that the composition of the panel is not already determined by paragraph 1, the appointment of the additional members of the panel must particularly consider the following criteria

a) Language skills;

b) Expertise in a specific area;

c) Balance of the workload among the judges;

d) Involvement of members of both genders depending on the nature of the matter;

e) Participation in previous decisions in the same subject area;

f) Connectivity of cases;

g) Absences, especially due to illness or vacation.

4. The chairperson is responsible for the composition of the panel according to paragraph 3.

1. The members of the adjudicating body must agree by majority with the content of the decisions (dispositif), and in the case of circular decisions, must agree unanimously.

2. The reasoning of the decision shall be communicated to all members of the adjudicating body. The chairperson is responsible for ensuring that the majority of the associate judges confirm their agreement with the reasoning before it is communicated.

1. In justified cases and with the consent of all members of the panel, individual or all members of the panel may participate in the deliberations via audio and video transmission (videoconference).

2. The following conditions must be met when conducting the videoconference

a) The transmission of audio and video between all persons participating in the deliberations takes place simultaneously;

b) The chairperson identifies all participants at the beginning via audio and video transmission and confirms their presence;

c) A functional transmission of audio and video must be ensured during the virtual deliberation. In the event of significant technical disruptions, the deliberation must be paused. If these disruptions can be remedied, the deliberation is to continue; otherwise, it is to be discontinued;

d) No recording takes place. The minutes are kept according to the provisions for physical deliberations;

e) Data protection and data security must be guaranteed.

3. With the consent of all members of the panel, the video transmission may be dispensed with.

4. If the decision is made during the deliberation, the members of the panel who participated virtually must confirm the dispositive, which is recorded in the minutes.

5. Furthermore, the technical requirements and the standards of data protection and data security shall comply with Article 141b of the Civil Procedure Code and the Federal Ordinance on the Use of Electronic Means for Audio and Video Transmission in Civil Proceedings.

1. The full court is composed of all full-time and part-time judges, excluding the extraordinary judges.

1. The full court is chaired by the President. It exercises all the powers assigned to it by the Court Organization Act.

1. The full court convenes at the beginning of the term of office, following supplementary elections, after the co-option of extraordinary judges, and as required by business matters.

2. An extraordinary session may be convened by the President, or if at least three judges request that a matter be placed on the agenda.

3. Resolutions of the full court are valid if at least two-thirds of the members of the full court participate in the meeting or in the circular procedure.

4. Each member of the full court has one vote and is obliged to vote, except in elections.

5. Resolutions for which the full court is responsible are passed by an absolute majority of the votes of the judges present at the meeting or participating in the circular procedure. In the event of a tie, the President decides.

6. In elections, the absolute majority decides in the first ballot. This is the next higher whole number that results from dividing the total number of all valid votes for candidate persons by twice the number of vacant seats. Abstentions, as well as blank and invalid votes, are not counted. If more persons achieve the absolute majority than there are seats to be filled, those with the highest number of votes are considered elected. If no one achieves the absolute majority or fewer persons are elected than seats to be filled, a second ballot takes place in which the persons with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the canton of Graubünden applies mutatis mutandis.

7. The minutes of the meetings of the full court may be prepared by a clerk. They are submitted to the full court for approval.

1. The Administrative Commission exercises those powers assigned to it by law or this ordinance.

2. It is, among other things, responsible for

a) Decisions regarding the election of substitute part-time judges for the Regional Court;

b) Applications for the appointment of extraordinary judges for the Regional Court;

c) Applications to the Higher Court for the initiation of a removal procedure against a member of the Regional Court;

d) Hiring and determination of the initial salary as well as dismissal of permanent employees of the Regional Court.

1. The administrative commission meets as required. Each member of the administrative commission may request the convening of a meeting or the inclusion of a matter on the agenda.

2. The convening notice and the agenda, along with the corresponding documents, shall be delivered to the members of the administrative commission in a timely manner, at least ten days in advance for non-urgent matters.

3. Each member has one vote and is obliged to cast a vote, except in the case of elections.

4. Resolutions are adopted by an absolute majority of the votes of judges present at the meeting or participating in the circular proceedings. In the event of a tie vote, the president shall decide. Article 8, paragraph 6 applies to elections.

5. Resolutions of the administrative commission are valid if at least two members participate in the meeting or in the circular proceedings.

1. The President manages the Regional Court and oversees its operations. They perform all administrative justice tasks not assigned to another authority.

2. In addition to the duties described in Article 74, Paragraph 2 of the Court Organization Act, their responsibilities particularly include

a) ensuring credit control and responsibility for the economical and efficient use of credit and for an appropriate control system;

b) submitting any statements necessary for the Regional Court Conference;

c) supervising and approving the secondary occupations of court clerks (see Art. 56 GOG);

d) supervising the staff of the court registry, whereby this task can also be delegated to employees;

e) staffing internship positions and the temporary hiring of employees;

f) annually determining the salary and the performance and spontaneous bonuses of the employees;

g) overseeing the mediation office and the conciliation authority for rental matters and their members, unless the business is assigned to the administrative commission by the President.

3. The Vice President supports the President in fulfilling their tasks.

4. If the President is unable to act, they will be represented by the Vice President, who will assume the presidential responsibilities.

5. The President is authorized to involve the other judges in special tasks falling within their competence.

1. Judgments in Civil Proceedings are signed in regular and simplified proceedings by a member of the judicial panel and the court clerk. Other decisions in civil proceedings are signed by a member of the judicial panel or, upon the order of the presiding judge, by the court clerk.

2. Decisions in Criminal Proceedings are signed by the presiding judge and the court clerk (see Art. 80 para. 2 of the Criminal Procedure Code).