Ordinance on Costs in Civil, Criminal and Administrative Court Proceedings (Administration of Justice Costs Ordinance, JusKV) (Justiz-Kostenverordnung, JusKV) - Assessment of Official Fees (CPC)

1. Within the prescribed framework, the fee is determined by the scope, significance, and difficulty of the matter in dispute, the extent of procedural actions, the time spent on handling the proceedings, and the interests in assessing the matter in dispute.

2. In special circumstances, the fee may be increased without being bound to the prescribed framework, particularly in cases of extraordinary scope, great significance, or special difficulty of the matter in dispute, extraordinary time expenditure for handling the proceedings, or when civil claims are also considered in criminal proceedings.

3. In particularly simple cases, cases that are terminated prematurely, or in special circumstances, the fee may be reduced without being bound to the prescribed framework.

4. For decisions rendered without written justification according to Article 239 paragraph 1 of the Swiss Code of Civil Procedure of December 19, 2008 (ZPO) and Article 82 paragraph 1 of the Swiss Code of Criminal Procedure of October 5, 2007 (StPO), the ordinary fee may be reduced by a maximum of half. For decisions rendered without written justification according to § 111 paragraph 1 of the Administrative Justice Act of July 3, 1972 (VRG), fees may be waived in full or in part.

1. Within the prescribed framework, the fee is determined by the scope, significance, and complexity of the dispute, the nature of the representation, and the objectively required time expenditure for conducting the proceedings.

1bis. The Cantonal Court regulates the reference value applicable to the time expenditure by directive.

2. In special circumstances, the fee can be increased without adherence to the prescribed framework, particularly in cases of extraordinary scope, great significance, or particular complexity of the dispute, when civil claims are adjudicated in criminal proceedings, or if conducting the proceedings required extraordinary time expenditure.

3. In particularly simple cases, if the proceedings are terminated prematurely, or if the mandate is ended prematurely, as well as in cases of an obvious disproportion between the amount in dispute and the party's interest in the proceedings, the fee can be reduced without adherence to the prescribed framework.

4. If a party asserts clearly exaggerated claims, the fee for their representative is determined by the amount that could have been claimed in good faith.

1. The applicable dispute value for the fee framework is generally determined according to Articles 91-94 of the Civil Procedure Code.

2. Counterclaims are added to the claim amount, insofar as they are to be adjudicated.

3. In appellate proceedings, for disputes involving financial interests, the amount still in dispute at the second instance is considered the dispute value.

1. The fee for the conciliation attempt is

a. in non-pecuniary disputes: CHF 200 to CHF 600

b. in pecuniary disputes with a disputed amount

aa. up to CHF 50,000: CHF 200 to CHF 400

bb. over CHF 50,000 to CHF 100,000: CHF 300 to CHF 600

cc. over CHF 100,000 to CHF 500,000: CHF 500 to CHF 1,000

dd. over CHF 500,000: CHF 800 to CHF 2,000

2. For a decision under Article 212 of the Civil Procedure Code (ZPO) or a judgment proposal according to Articles 210 et seq. of the ZPO, a surcharge of 100 to 500 Swiss Francs may be levied.

1. In non-pecuniary disputes, the fee amounts to 1,000 to 12,000 Swiss Francs.

2. In pecuniary disputes, the fee is based on the amount in dispute as follows

a. up to CHF 50,000: CHF 1,500 to CHF 5,000

b. over CHF 50,000 up to CHF 100,000: CHF 2,500 to CHF 8,000

c. over CHF 100,000 up to CHF 200,000: CHF 5,000 to CHF 12,000

d. over CHF 200,000 up to CHF 500,000: CHF 7,500 to CHF 25,000

e. over CHF 500,000 up to CHF 1,000,000: CHF 10,000 to CHF 40,000

f. over CHF 1,000,000 up to CHF 5,000,000: CHF 30,000 to CHF 125,000

g. over CHF 5,000,000 up to CHF 10,000,000: CHF 50,000 to CHF 250,000

h. over CHF 10,000,000: 1-2.5% of the amount in dispute.

1. In non-pecuniary disputes, the fee amounts to 500 to 5000 Swiss Francs.

2. In pecuniary disputes, the fee amounts to the following based on the amount in dispute

a. Up to CHF 30,000: CHF 500 to CHF 3,000

b. Over CHF 30,000 up to CHF 50,000: CHF 1,000 to CHF 3,500

c. Over CHF 50,000 up to CHF 100,000: CHF 2,000 to CHF 5,000

d. Over CHF 100,000 up to CHF 200,000: CHF 2,500 to CHF 8,000

e. Over CHF 200,000: CHF 3,000 to CHF 10,000

1. In non-financial disputes, the fee amounts to 300 to 4000 francs.

2. In financial disputes, the fee for a disputed amount is

a. up to 100,000 francs: 300 to 5,000 francs

b. over 100,000 francs: 2,000 to 10,000 francs

1. In divorce proceedings pursuant to Articles 274-294 of the Civil Procedure Code (ZPO) and in proceedings concerning the dissolution and invalidity of registered partnerships pursuant to Article 307 ZPO, the fee ranges from 1,000 to 10,000 Swiss Francs.

2. If, in divorce proceedings, property law claims, or in proceedings concerning the dissolution and invalidity of registered partnerships, financial claims exceeding 100,000 Swiss Francs are asserted, the rates outlined in § 5 sections 2c-h apply.

3. In proceedings under Articles 295-301 ZPO and Articles 303 and 304 ZPO, the fee ranges from 500 to 5,000 Swiss Francs.

4. In decisions made in summary proceedings, the rates outlined in § 7 apply.

1. In appellate proceedings, the same fee schedule applies as in the court of first instance.

1. In appellate proceedings, the same fee framework applies as in the lower court.

1. The fee for the decision on the revision request amounts to 1000 to 5000 francs.

2. If the revision instance decides anew on the matter, the rates of the original proceedings apply.

1. In other proceedings, the fee ranges from 300 to 5000 Swiss francs.

1. In first instance proceedings, the fee ranges from 300 to 4000 francs.

2. In proceedings before the Appraisal Commission pursuant to the Expropriation Act, the fee ranges from 300 to 20,000 francs.

1. The divisions of the Cantonal Court set the fees for their legal areas within the range of 100 to 20,000 Swiss Francs.

2. If a decision of the supervisory authority concerning the notaries regarding the disputed remuneration is contested, the rates of § 5 paragraph 2 shall apply.

1. Fees of the Public Prosecutor's Office in Adult Criminal Law are

a. for preliminary proceedings without investigative acts, CHF 50 to CHF 1,000

b. for preliminary proceedings with investigative acts, CHF 200 to CHF 20,000

c. for proceedings regarding peace bonds, CHF 200 to CHF 2,000

d. for subsequent decisions, CHF 100 to CHF 1,000

e. for independent confiscation proceedings, CHF 100 to CHF 4,000

2. Fees of the Public Prosecutor's Office in Juvenile Criminal Law are CHF 50 to CHF 2,000.

1. The Public Prosecutor's Office charges a fee of 200 to 2000 Swiss Francs for decisions.

1. In proceedings before the Juvenile Court, the court fee ranges from 300 to 2000 Swiss Francs.

1. In proceedings before the District Court, the court fee is

a. * before a single judge: CHF 500 to CHF 3000

b. in other proceedings: CHF 500 to CHF 4000

1. In proceedings before a criminal court, the court fee amounts to

a. * before a single judge: CHF 500 to CHF 6000

b. in other proceedings: CHF 1000 to CHF 20,000

1. In proceedings before the Compulsory Measures Court, the court fee amounts to

a. in juvenile criminal matters CHF 300 to CHF 1000

b. in other proceedings CHF 300 to CHF 4000.

1. Before the Cantonal Court, the court fee is

a. * in appeal proceedings: CHF 1,000 to CHF 25,000

b. in complaint proceedings: CHF 500 to CHF 5,000

c. in revision proceedings: CHF 500 to CHF 5,000

d. in juvenile criminal matters: CHF 300 to CHF 1,000

e. in other proceedings: CHF 300 to CHF 5,000

1. The officially appointed defense attorney has the right to a fee and reimbursement of expenses.

2. The fee amounts to 85 percent of the fee determined under § 30 and § 32. If the accused person does not bear any costs, the fee amounts to 100 percent of this fee.

3. For the necessary time expenditure between 8:00 PM and 7:00 AM as well as on Sunday, a night or Sunday surcharge of up to 100 francs per hour may be awarded.

1. Witnesses are entitled to a witness fee and reimbursement for documented necessary expenses for each appearance.

2. The witness fee amounts to 30 to 100 francs. It can be reasonably increased if the witness is required for a significant amount of time.

3. Witnesses additionally receive compensation for loss of earnings in the amount of 25 to 150 francs per hour. If special circumstances justify it, actual loss of earnings may be compensated. Exceptionally high loss of earnings is not considered.

4. Witnesses are reimbursed for travel with public transportation costs. If public transportation is not available or its use is unreasonable or impractical, a mileage allowance is provided for personal motor vehicle use according to the rate for members of government commissions; in other cases, actual transportation costs are reimbursed.

5. These provisions apply accordingly to informants.

1. Third parties who are obligated to participate are entitled to reasonable compensation.

1. Experts are compensated according to the effort involved.

2. The calculation is based on the necessary expertise and the complexity of the service, for self-employed experts usually according to industry-standard rates or by agreement.

3. The compensation is determined based on the invoice for fees and expenses submitted by the expert, which is reviewed for its appropriateness.

1. Translators are generally compensated at an hourly rate of 70 to 100 francs. The rate is determined by their education and professional experience. In special cases, the rate may be increased appropriately. Additionally, expenses are reimbursed.

2. Translations of documents may be compensated according to industry standard rates.

1. The compensation for the representative of the child pursuant to Article 299 f. of the Civil Procedure Code shall amount to 100 to 3000 Swiss Francs.

1. Mediators appointed pursuant to Article 218, paragraph 2 of the Civil Procedure Code (ZPO) or Article 17 of the Swiss Juvenile Criminal Procedure Code of March 20, 2009 (JStPO) shall be compensated in accordance with analogous application of § 25.

1. To the extent provided by law, a reasonable inconvenience compensation shall be paid. This typically amounts to between 100 and 1,000 Swiss Francs.

2. If a lawyer acts on their own behalf or for their employer, the inconvenience compensation shall not exceed half of the fee according to § 31 or § 32.

3. If a party is not professionally represented in legal disputes under federal social insurance law, inconvenience compensation is owed if the representation was necessary and it is assumed to have been for payment. In this case, the inconvenience compensation amounts to 100 to 1,000 Swiss Francs.

1. The fee compensates the professional representative for efforts directly related to representing the party in the proceedings, namely for instruction, the study of documents and legal questions, the preparation of legal writings, participation in court hearings, the examination of decisions, and the clerical work associated with these efforts. Also covered are the basic business costs.

2. No fee may be claimed for invoicing.

1. The compensation for official defense or legal aid is determined at the end of the proceedings. If a mandate within the framework of official defense or legal aid has exceeded a duration of twelve months and the proceedings are not nearing completion, advance payments may be granted upon request.

2. The decision regarding the disbursement of advance payments falls under the discretion of the proceedings management.

3. In exceptional cases, particularly when a significant effort is required for official defense or legal aid within a shorter period, the proceedings management may order an advance payment upon request, regardless of the aforementioned duration.

4. An advance payment made is to be reimbursed if the party represented free of charge is awarded party compensation. This does not apply if the party compensation cannot be, or is unlikely to be, collected from the opposing party and the legal representative is compensated by the canton.

1. In proceedings before the conciliation authority, at first instance, or before the sole cantonal instance, the ordinary fee amounts to 75 to 150 percent of the fee according to §§ 4-8 and 12-13.

2. In appellate proceedings according to the Civil Procedure Code (CPC), the ordinary fee amounts to 50 to 120 percent of the fee according to §§ 9-12 and 14.

3. In proceedings according to the Administrative Procedure Act (APA), the fee amounts to 100 to 20,000 Swiss Francs.

1. In police investigative proceedings without reporting to the public prosecutor's office, the standard fee is 200 to 500 Swiss Francs.

2. In proceedings before the public prosecutor's office and in the first-instance court proceedings, the standard fee is 75 to 150 percent of the fee according to Sections 15-20.

3. In appellate proceedings, the standard fee is 50 to 120 percent of the fee according to Section 21.

4. In juvenile criminal proceedings, the standard fee is 200 to 4000 Swiss Francs.

1. Reimbursement is provided for expenses necessary for conducting the proceedings.

2. The expenses pursuant to paragraph 1 can be offset at a flat rate of 3 percent of the (official) fee. The maximum flat rate is 500 francs before the first instance, 300 francs before the appellate instance, and 200 francs in procedures according to the Administrative Proceedings Act (VRG). The settlement of actual expenses pursuant to paragraph 3 is reserved.

3. If the actual expenses are claimed, they must be itemized according to their nature. If a sufficient, understandable itemization is lacking, the flat rate reimbursement of expenses according to paragraph 2 will be awarded.

a. * For travel expenses, § 23 paragraph 4 applies.

b. * Photocopies are reimbursed at 30 cents per page. Copying one's own files (legal briefs, correspondence, etc.) is not compensated; for professional representatives, this is considered part of office work according to § 30 paragraph 1.

4. ...

1. The Cantonal Court and its subordinate courts and offices charge fees and expenses for their official acts and the use of their facilities.

2. Generally, no fees are charged by cantonal and communal authorities.

1. The authority may, ex officio or upon request, defer or entirely or partially waive fees and expenses if

a. a hardship case exists for the fee-liable person, or

b. the official act or the use of public facilities is in the public interest and no economic interests are pursued, or

c. there are special reasons.

1. The following fees shall be charged

a. Subsequent inspection of documents: CHF 20.- to CHF 100.-

b. * Provision of an anonymized judgment/decision

1. * Pages 1-5: CHF 5.- per page

2. * Pages 6-50: CHF 1.- per page

3. * From page 51: CHF 0.50 per page

c. * Provision of a non-anonymized judgment/decision

1. * Pages 1-50: CHF 1.- per page

2. * From page 51: CHF 0.50 per page

d. Certificates of finality or enforceability (more than 3 months after delivery of judgment/decision): CHF 20.- to CHF 50.-

e. Copying of documents

1. A4 black and white copy: CHF 0.50 per copy

2. A4 color copy: CHF 0.70 per copy

3. A3 copy: CHF 1.- per copy

f. Other reproductions: actual costs

g. Other services: CHF 20.- to CHF 500.-

h. * Access to official information according to the principle of transparency exceeding one hour of time expenditure: CHF 85.- to CHF 275.- per hour

2. The fee may be increased by up to 50 percent if the service is performed urgently upon request.

1. The actual expenses will be charged.

1. The Ordinance of the Supreme Court on Procedural and Administrative Costs (Supreme Court Costs Ordinance) of December 17, 2010, and the Costs Ordinance for the Administrative Court and Instances Under Its Supervision of September 14, 1976, are hereby repealed.

1. The new law generally applies to all proceedings that are pending at the time of its entry into force.

2. Insofar as, according to Articles 404 et seq. of the Civil Procedure Code (ZPO) and 448 et seq. of the Criminal Procedure Code (StPO), the cantonal procedural law continues to apply to the proceedings, the version of the Ordinance of the Supreme Court on Costs in Civil and Criminal Proceedings, as well as in other proceedings (Costs Ordinance) effective until December 31, 2010, dated November 6, 2003, applies.

1. The regulation shall enter into force on June 1, 2013. It shall be published.