CH-OW
Art. 35 Judicial Organisation Act (GOG) - Cantonal Court
Art. 35 GOG - Cantonal Court · Cantonal Court
1. The Cantonal Court is competent
a. as the first instance for civil disputes that are not assigned to the Presidency of the Cantonal Court or the Supreme Court;
b. * as the first instance for public law disputes that are directly connected to civil law, particularly disputes due to faulty treatment in a public hospital under cantonal liability law (state medical liability), claims from state liability according to Art. 5 DEBA as well as under Art. 46, 454, and 955 of the Swiss Civil Code; the procedure is governed by the Civil Procedure Code;
c. * for other decisions assigned to it by legislation.
2. The court is responsible for all decisions, orders, and actions, insofar as the court presidency is not competent.
3. The court is particularly competent at the main hearing
a. for conducting settlement attempts, taking of evidence, and hearings;
b. for measures and orders in connection with duties of cooperation and rights of refusal.
4. The court presidency is competent
a. for examining the procedural prerequisites and referring the case;
b. for directing the process and negotiations;
c. for conducting settlement attempts, taking of evidence, instruction hearings, and hearings outside the main hearing;
d. for ordering provisional or safeguarding measures;
e. for measures concerning party representation, representation of the child, joint litigation, intervention, summons of third parties, and change of party;
f. for granting legal aid and mediation;
g. for determining the appropriate remuneration for free legal aid counsel;
h. for processing requests for legal assistance;
i. * for dismissing cases, non-admission decisions under Art. 59 para. 2 lit. f CPC, resolving proceedings according to Art. 132 CPC, and in cases of missing complaint approval in terms of Art. 209 para. 3 CPC.
5. Taking of evidence, instruction hearings, hearings, and the like may also be conducted by individual court members or court delegations.
6. Court clerks may be assigned the processing of requests for legal assistance, conducting hearings, settlement attempts, and instruction hearings, as well as other administrative tasks, insofar as the Civil Procedure Code does not provide for the court or a court member to do so.