CH-JU
Art. 5 Swiss Civil Procedure Code Introduction Act (SCPCIA)
Art. 5 Swiss Civil Procedure Code Introduction Act (SCPCIA)
1 The President of the Civil Court or, upon delegation, the court clerk acts as the conciliation authority in cases that the Civil Court handles as the sole cantonal instance pursuant to Articles 7 and 8 of the Code of Civil Procedure.
2 In all cases before the Civil Court, the President or a judge designated by him serves as the investigating judge. This judge oversees the preparatory procedure for the main hearings.
3 When the main action falls under the jurisdiction of the Civil Court pursuant to Articles 5 and 7 of the Code of Civil Procedure, the President is responsible for
a) setting the advance costs and ruling on requests for security for costs;
b) deciding on the granting, denial, or withdrawal of legal aid;
c) ruling on requests for taking evidence in advance;
d) deciding on requests for provisional measures, as well as their modification or revocation;
e) finalizing procedures that have become moot and ruling on the costs and expenses related thereto;
f) deciding on other matters subject to summary proceedings (Art. 248 et seq. CPC), as soon as the main proceedings are pending;
g) advising the parties to undergo mediation, ratifying the agreement reached, if applicable, within the framework of mediation, as well as ratifying other extrajudicial agreements;
h) ruling in cases where the disputed amount does not exceed 15,000 francs.
4 In cases referred to the Civil Court pursuant to Article 8 of the Code of Civil Procedure, the President is responsible for ruling on the cases mentioned in paragraph 3, letters a to g, only once the matter is pending.
5 In cases referred to the Civil Court at second instance, the President is responsible for
a) the cases mentioned in paragraph 3, letters a to g;
b) ruling on appeals against the decisions mentioned in Article 319 of the Code of Civil Procedure.
5bis If the amount in dispute cannot be easily determined or if the factual or legal circumstances justify it, the President may submit the dispute to the entire Court for resolution.
6 The President of the Civil Court is also responsible for ruling on the appointment of a special auditor pursuant to Article 697b of the Code of Obligations (Art. 5, para. 1, letter g, CPC).