Subject Matter

1. These Rules of Procedure specify the organization and judicial administration of the Regional Court of Plessur.

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

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

1. The panel of a chamber generally consists of the respective chairperson or their deputy, as well as two additional judges.

2. The chairperson acts as a single judge if there is a single-judge jurisdiction. For a specific legal area or type of procedure, the full court may designate another member of the chamber as a single judge.

3. If there are multiple chairpersons, allocation is determined by a specific key established in advance by the full court, which is based on the order of receipt of cases, legal areas, or other relevant criteria.

4. To the extent that the composition of the panel is not already determined by paragraphs 1 and 3, the following criteria are particularly to be considered when appointing the additional members of the panel

a) Expertise in a specific area;

b) Balanced workload among judges;

c) Participation of members of both genders depending on the nature of the case;

d) Involvement in previous decisions in the same area;

e) Connection of cases;

f) Absences, particularly due to illness or vacations.

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

1. If the decision is to be made by way of circular resolution, the (reasoned or unreasoned) draft decision is circulated among the other members of the deciding body. The chairperson regulates the inspection of records.

2. If the other members of the deciding body agree with the operative part and - in the case of reasoned circular decisions - with the reasoning, the draft is elevated to judgment.

3. A consultation takes place if a member requests it or submits a proposal for amendment and the chairperson maintains the draft. Otherwise, a new draft decision may be circulated.

1. If a deliberation takes place, the members of the decision-making body either participate in this deliberation or review the files in advance.

2. If the decision is made during the deliberation, all members of the decision-making body sign the decision's operative part. If the decision is communicated with reasons, this reasoned decision is circulated among the other members of the decision-making body for approval before its communication; in cases of amendment proposals, Article 4 paragraph 3 applies.

1. Provided that the operative part and the reasoning are approved, changes to a decision that has not yet been issued can only be made with the consent of all the judges involved, except for editorial changes.

1. If a party subsequently requests a justification, the reasoned decision shall be circulated among the other members of the adjudicating body for approval before its notification; in the case of amendment requests, Article 4 paragraph 3 shall apply.

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 deliberation via audio and video transmission (videoconference).

2. The following conditions must be met during the implementation

a) the transmission of audio and video between all persons participating in the deliberation must occur simultaneously;

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

c) a functioning transmission of audio and video must be ensured during the virtual deliberation. In the event of significant technical disruptions, the deliberation must be interrupted. If these disruptions can be rectified, the deliberation is to be continued; otherwise, it must be discontinued;

d) no recording is to be made. The minutes are to be recorded in accordance with the provisions for physical deliberations;

e) data protection and data security must be ensured.

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

4. If the decision is made during the deliberation, the members of the panel who participated virtually confirm the decision electronically.

5. In all other respects, the technical requirements and the requirements for data protection and data security are governed by Article 141b of the Code of Civil Procedure 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 presided over by the President. It exercises all the powers assigned to it by the Court Organization Act.

1. The full court meets at the beginning of the term of office, after any supplementary elections, following the election of extraordinary judges, and as required by the business.

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 circular procedure.

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

5. The 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 first ballot is decided by an absolute majority. This is the next higher whole number obtained by dividing the total number of all valid votes for candidates by twice the number of available seats. Abstentions as well as blank and invalid votes are not counted. If more candidates have reached 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 candidates are elected than there are seats to be filled, a second ballot takes place in which those with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the Canton of Graubünden shall apply mutatis mutandis.

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

1. The Administration Commission shall exercise those powers assigned to it by the law or this regulation.

2. It is responsible, among other things, for

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

b) Applications for co-optation of extraordinary judges for the Regional Court;

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

d) Appointment and determination of the starting salary for permanent employees of the Regional Court;

e) The annual determination of salaries as well as performance and spontaneous bonuses for the employees.

1. The Administrative Commission meets as needed. Each member of the Administrative Commission can request the convening of a meeting or the inclusion of an item on the agenda.

2. The convocation and the agenda, along with the corresponding documents, are sent to the members of the Administrative Commission.

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

4. Decisions are made 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 casts the deciding vote. For elections, Article 11 paragraph 6 applies.

5. Decisions of the Administrative Commission are valid if at least two members participate in the meeting or the circular procedure.

1. The President leads the Regional Court and supervises its operations. They perform all judicial administrative tasks not assigned to another body.

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

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

b) submitting any statements to the Regional Court Conference;

c) supervising and approving secondary employment of court registrars;

d) supervising the staff of the court registry;

e) filling internship positions and temporarily hiring staff;

f) overseeing the mediation office and the rental disputes conciliation authority as well as their members.

3. The Vice President assists the President in fulfilling their duties.

4. If the President is unable to act, they are represented by the Vice President. The Vice President assumes the presidential responsibilities.

5. The President is relieved from judicial duties for the duration of their presidential activities.

6. The President is authorized to involve other judges in special tasks within their competence.