Subject Matter

1. This Rules of Procedure specifies the organization and judicial administration of the Regional Court of Viamala.

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

2. Each chamber comprises at least one chairperson, one deputy chairperson, and three additional judges.

1. The adjudicatory body of a chamber typically consists of the respective chairperson or a deputy and two additional judges.

2. The chairperson acts as a single judge insofar as an individual judicial authority exists. For a specific area of law or type of proceeding, the full court may designate another member as a single judge.

3. In cases with multiple chairpersons, allocation is based on a specific key predetermined by the full court, which is determined according to the sequence of case submissions, areas of law, or other relevant criteria.

4. If the composition of the adjudicatory body is not already established by paragraphs 1 and 3, the following criteria must be particularly considered in appointing additional members of the adjudicatory body

a) Expertise in a specific area;

b) Balance of workload among judges;

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

d) Participation in previous decisions in the same legal area;

e) Connection of the cases;

f) Absences, especially due to illness or vacation.

5. Responsibility for the composition of the adjudicatory body according to paragraph 4 rests with the chairperson.

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

2. The reasoning of the decision shall be communicated to all members of the adjudicatory 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 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. Decisions of the court in which no clerk participates are signed solely by the chairperson.

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 responsible, among other things, for

a) Decisions regarding the election of deputy judges of the Regional Court;

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

c) Applications to the Higher Court to initiate impeachment proceedings against a member of the Regional Court;

d) Employment and determination of the initial salary of permanent staff of the Regional Court.

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

2. The notice of meeting and the agenda, along with the corresponding documents, are delivered to the members of the Management Commission.

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

4. Decisions are made by an absolute majority of the votes of the judges present at the meeting or participating in the circular resolution procedure. In the event of a tie, the President decides. For elections, Article 9 paragraph 6 applies.

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

1. The President shall lead the Regional Court and oversee its operations. He or she shall perform all judicial administration duties not assigned to another body.

2. In addition to the duties outlined in Article 74, paragraph 2 of the Court Organization Act, his or her responsibilities include in particular

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

b) submitting any opinions to the Regional Court Conference;

c) supervising and approving the secondary employment of clerks;

d) overseeing the staff of the court office;

e) filling internship positions and hiring staff on a fixed-term basis;

f) annually setting salaries as well as performance and spontaneous bonuses for staff;

g) overseeing the mediation office and the conciliation authority for rental matters, as well as their members.

3. The Vice President shall assist the President in fulfilling his or her duties.

4. If the President is unable to perform his or her duties, he or she shall be represented by the Vice President, who shall assume presidential responsibilities.

5. The President shall be relieved from judicial duties to the extent of the presiding activities.

6. The President is authorized to involve other judges for specific activities that fall within his or her competence.