Ordinance on Court Fees (GebOR) - Principle (GEBOR)

1. In the administration of justice, fees shall be charged in accordance with this regulation.

2. Unless a specific allocation is provided for, the fees shall accrue to the state treasury.

1. Subject to special provisions of federal law and international treaties regarding the assessment or exemption of fees and expenses.

1. In cases of extraordinary complexity or particular difficulty, or in the event of manifestly frivolous litigation, the court fees may be reasonably increased, but not more than double the maximum rate.

2. If the Presidium of the Cantonal Court refers the matter to the Cantonal Court, the minimum and maximum rates for the proceedings before the Cantonal Court Presidium shall apply.

1. If a dispute is resolved without a judgment, the court fee shall be set in accordance with the work expended.

2. In cases of very minimal effort, the imposition of a fee may be waived.

3. The court fee shall be reduced by one third if, pursuant to Art. 82 para. 1 of the Code of Criminal Procedure (CrimPC), pursuant to Art. 239 para. 1 of the Code of Civil Procedure (CivPC), or pursuant to Art. 14 para. 4 of the Ordinance on Administrative Court Proceedings (OACP), the reasoning of the judgment is waived. Exceptions are cases which must necessarily include reasoning.

1. Determinative for the assessment of the court fee within the minimum and maximum rates specified in this ordinance are the personal and economic significance of the matter for the party, the complexity of the case, the scope, and the time expenditure.

1. If the procedure involves an inspection, a surcharge of CHF 100 to CHF 1,000 will be applied.

2. If numerous witnesses need to be examined or if the examinations require a significant amount of time, a surcharge of CHF 100 to CHF 1,000 may be imposed.

1. The decision regarding the deferral and waiver of costs is made by the presidium of the competent authority. In the case of the public prosecutor's office, the responsible public prosecutor makes the decision.

2. The Financial Department makes decisions regarding the write-off of irrecoverable fees and expenses in criminal matters.

3. For fees and expenses of civil courts and the administrative court, the Higher Court is responsible for the write-off.

1. Legal Costs under Article 95 paragraph 1 of the Code of Civil Procedure (CCP) are court costs and party compensation.

2. Court costs (Article 95 paragraph 2 CCP) correspond to the fees for conciliation and civil court proceedings (Articles 8 et seq. of this ordinance) as well as the compensation for witnesses, experts, third parties, and parties (Articles 28 et seq. of this ordinance); the provisions concerning writing fees and expenses (Articles 26 et seq. of this ordinance) do not apply to conciliation and civil court proceedings.

3. The costs for an expert report (Article 95 paragraph 2 letter c CCP) correspond to the remuneration of the expert (Article 29 of this ordinance).

4. The costs for child representation (Article 95 paragraph 2 letter e CCP) correspond to the compensation of the legal guardian (Article 29a of this ordinance).

5. The provision concerning party compensation under Article 30a of this ordinance does not apply to conciliation and civil court proceedings (Article 95 paragraph 3 letters a and c CCP).

1. In the conciliation and decision procedure, the fees amount to CHF 100 to CHF 1,000.

1. In the proceedings before the Cantonal Court Presidency (Art. 34 and 80 GOG), the fee (amounts in Fr.) is

1. for disputes without monetary interest as well as for family law disputes: 100.- to 5,000.-

2. for a dispute value of

a. up to 30,000.-: 100.- to 3,000.-

b. over 30,000.- up to 50,000.-: 200.- to 3,500.-

c. over 50,000.- up to 100,000.-: 300.- to 4,000.-

d. 100,000.- up to 300,000.-: 500.- to 7,500.-

e. over 300,000.-: 1,000.- to 2.5% of the dispute value

1. In proceedings before the Cantonal Court (Art. 35 GOG), the court fee (amounts in CHF) is as follows

for a dispute value of

1. over 30,000 to 50,000: 1,500 to 5,000

2. over 50,000 to 100,000: 2,000 to 6,000

3. over 100,000 to 350,000: 2,500 to 10,500

4. over 350,000: 3,000 to 3% of the dispute value

2. For disputes without pecuniary interests and in cases of family law disputes, the court fee is CHF 800 to CHF 10,000. If matrimonial property claims exceeding CHF 50,000 are in dispute, the rates from paragraph 1 may be added.

**1. In proceedings before the Higher Court (Art. 37 GOG), the court fee amounts (amounts in CHF):**

1. **In appeal proceedings:**

a. In disputes without financial interest and family law disputes: 200.- to 5,000.-

b. For a dispute value up to 30,000.-: 300.- to 3,000.-

c. Dispute value over 30,000.- to 50,000.-: 1,000.- to 4,000.-

d. Dispute value over 50,000.- to 100,000.-: 1,500.- to 5,000.-

e. Dispute value over 100,000.- to 300,000.-: 2,000.- to 7,500.-

f. Dispute value over 300,000.-: 2,500.- to 2.5% of the dispute value

2. * In appellate proceedings, depending on the effort, between 70 to 100 percent of the tariffs established for the Cantonal Court and the Cantonal Court Presidency;

3. In proceedings as the sole instance, the tariffs established for the Cantonal Court.

1. The Fees of the Public Prosecutor's Office for a Penalty Order or a Dismissal Order are (amounts in CHF)

a. if the decision is made based on the files: 40.- to 400.-

b. if the decision is made after the conduct of investigative actions (interrogation, etc.): 100.- to 6,000.-

2. The Fee of the Juvenile Prosecutor's Office for a Penalty Order or a Dismissal Order is CHF 20.- to CHF 1,000.-.

3. Investigation Costs are additionally charged as follows

a. * the actual expenses of the police, the public prosecutor's office, and the juvenile prosecutor's office;

b. * ten francs per commenced page of records created by the law enforcement authorities;

c. * 50 to 400 francs for on-site inspection, house search or autopsy;

d. * 100 to 300 francs per interrogation, insofar as not already included in the investigation costs.

1. In proceedings before the Cantonal Court Presidency, the court fee ranges from CHF 300 to CHF 7,000.

2. In proceedings before the Cantonal Court Presidency as a Coercive Measures Court, the court fee ranges from CHF 200 to CHF 2,000.

1. In proceedings before the Cantonal Court, the court fee ranges from CHF 400 to CHF 10,000; in proceedings before the Cantonal Court as a Juvenile Court, the fee ranges from CHF 100 to CHF 1,000.

1. Before the Higher Court, the court fee amounts (amounts in CHF)

1. In proceedings concerning adults: 500.- to 8,000.-

2. In proceedings concerning juveniles: 100.- to 800.-

1. In appellate proceedings, the courts must also allocate the fees and costs of the lower instances in addition to their own court fees. Exempted from this are the fees for penal orders that have not become legally binding.

1. Persons not involved in the proceedings who are granted access to files or provided with information concerning the criminal procedure are required to pay a fee ranging from 10 to 200 francs.

2. The Public Prosecutor's Office and the courts may agree with insurance companies on an annual flat fee ranging from 200 to 4,000 francs.

3. Authorities and offices entitled to access the files, as well as the parties involved, are not required to pay a fee.

1. For the administrative court complaint (Art. 62 GOG), the court fee is calculated according to Art. 9 No. 3 for a dispute value up to 30,000 francs, and otherwise according to Art. 12 para. 1 No. 2 of this ordinance.

2. For the appeal procedure, the fee amounts to CHF 200 to CHF 8,000. If significant economic interests are at stake, the fee can be increased to a maximum of CHF 20,000.

3. ...

1. In proceedings before the Administrative Court Presidency (Art. 61 GOG), the fee amounts to CHF 100.- to CHF 3,000.-.

1. In proceedings before the Superior Court as the supervisory authority over the administration of justice, the court fee ranges from CHF 100 to CHF 3,000.

1. For the processing of requests for legal assistance, a fee of CHF 50 to CHF 1,000 will be charged, unless federal legal provisions, international treaties, or agreements provide for fee exemption.

1. Insofar as the fee schedule does not provide for a fee for individual procedures, the court shall determine a fee ranging from CHF 100 to CHF 3,000, taking into account the importance and complexity of the matter as well as the work expended.

1. For services provided by the court or authorities outside of proceedings, such as subsequent access to records, making copies, certificates of finality, etc., the fee ranges from 10 to 500 Swiss Francs.

2. Authorities and official agencies entitled to access records are not required to pay a fee.

1. The fee for the bar examination ranges from CHF 800 to CHF 1,500 and is determined by the Bar Examination Board.

2. The same fees are to be paid for retaking the entire examination; if only part of the examination is retaken, the fee is to be reduced accordingly.

3. A fee of CHF 100 is payable for the issuance of a license.

4. In supervisory and disciplinary proceedings, the fee ranges from CHF 50 to CHF 1,500.

5. The fee for other services, such as the issuance of an internship permit, registration in the bar register, deletion from the bar register, or release from attorney-client privilege, ranges from CHF 100 to CHF 500.

1. In Arbitration Proceedings (Article 67a GOG), the fee is calculated according to Article 12 of this regulation. A reasonable advance payment may be required.

1. The writing fees are charged per commenced page

1. * ten francs for the original issuance of decisions;

2. * two francs for copies of decisions subsequently made for the parties, as well as transcripts, extracts, and copies.

2. No writing fees are charged for copies that remain with the records or are intended for authorities and official offices.

1. Court Instance Disbursements are to be Charged.

1. Witnesses receive a witness fee of 30 francs. In addition, compensation is provided for loss of earnings and travel expenses incurred due to the duty to testify.

2. Compensation for loss of earnings shall generally not exceed 500 francs per day.

3. Travel expenses are calculated based on the price of a 2nd class train ticket. If using one's own vehicle, the mileage allowance set by the government council for cantonal officials may be applied.

4. If a witness deliberately fulfills their duty to testify inadequately or refuses to testify, the payment of compensation may be denied.

1. The compensation of the expert shall be determined at discretion based on the submitted invoice. Mediators are also considered experts.

2. The compensation of the translator shall be determined at discretion based on the time spent and the complexity of the assignment.

1. The compensation for the legal representative who represents the interests of a child in proceedings is determined at the court's discretion based on the time expended and the complexity of the assignment.

1. Third parties who are obligated to cooperate under Article 160 of the Civil Procedure Code (CPC) are compensated like witnesses.

2. Third parties who conduct a child's hearing under Article 298 paragraph 1 of the Civil Procedure Code (CPC) are compensated at the discretion of the court based on the time expended and the complexity of the task.

**1. Determination of Party Compensation**

The determination of party compensation is at the discretion of the judge. If a party engages a lawyer, the following provisions shall apply.

1. The parties shall bear the costs of the mediation. If the mediation is successful, this may be considered in the determination of legal costs.

2. The court dealing with the procedure decides on an application for cost reduction in accordance with Art. 218 para. 3 of the Code of Civil Procedure (CCP).

3. A cost reduction may be granted if the conditions of Art. 218 para. 2 lit. a and b of the CCP are met. Furthermore, the provisions regarding legal aid shall apply.

1. Attorney fees in legal proceedings before state courts comprise the remuneration (standard fee and surcharges) and expenses.

2. These are determined in relation to the liable opposing party according to the provisions of this regulation.

3. In relation to the attorney's own party, the fees of this regulation are considered as the usual compensation pursuant to Article 394 of the Swiss Code of Obligations.

4. The remuneration compensates the attorney for tasks directly related to the representation or assistance of the party in judicial proceedings, particularly for the instruction, the submission of pleadings, participation in court hearings, and the preparation of copies of pleadings or documents for their own use.

1. Determinative for the setting of fees within the minimum and maximum rates provided in this ordinance are the personal and economic significance of the matter for the party, the complexity of the matter, the scope and nature of the work, as well as the time expenditure.

2. The same considerations apply when the fee is to be determined at discretion in the absence of a dispute value and a fee rate.

1. The court determines which attorney fees the losing party must reimburse to the prevailing party.

2. A judicial determination of the cost notes against one's own party occurs in cases of legal aid, otherwise only at the request of the attorney or the client. In the latter two cases, the party must be given the opportunity to review the attorney's cost note to make counter-observations.

1. If the proceedings terminate prematurely, such as in the case of discontinuance, settlement, etc., 30 to 90 percent of the regular attorney's fee and any applicable surcharges will be calculated, depending on the stage of the proceedings.

2. The same applies in the case of withdrawal or resignation from the mandate before the conclusion of the proceedings.

1. In a civil proceeding before the first or sole instance, the ordinary lawyer's fee for a dispute value of (amounts in Fr.) is as follows

1. up to 30,000.- : 500.- to 7,000.-

2. over 30,000.- to 50,000.- : 1,000.- to 9,000.-

3. over 50,000.- to 100,000.- : 3,000.- to 11,000.-

4. over 100,000.- to 200,000.- : 5,000.- to 13,500.-

5. over 200,000.- to 500,000.- : 6,000.- to 17,500.-

6. over 500,000.- : 10,000.- to 3.5% of the dispute value

2. In matrimonial disputes or paternity proceedings, as well as in proceedings concerning the modification of divorce and separation judgments, the lawyer's fee ranges from Fr. 1,200.- to Fr. 10,000.-. If claims regarding marital property exceeding Fr. 50,000.- are asserted, the higher rates from paragraph 1 shall apply.

3. ...

1. In summary proceedings before the court presidency, the attorney's fee ranges from CHF 400 to CHF 5,000. In cases involving a very high amount in dispute or interest, the fee may be increased to a maximum of CHF 15,000.

1. In appellate proceedings, the ordinary attorney's fee amounts to 20 to 100 percent of the fee permissible for the proceedings at first instance, calculated based on the amount still in dispute at the second instance, and in any case not less than CHF 500.-.

1. In criminal cases, the ordinary attorneys' fees (amounts in CHF) are as follows

1. in the investigation proceedings: 200.- to 8,000.-

2. * in proceedings before the presidency of the cantonal court as well as the cantonal court: 300.- to 8,000.-

3. * in proceedings before the higher court as the appellate instance: 300.- to 6,000.-

4. in other proceedings: 200.- to 3,000.-

2. In particularly complex cases, compensation is based on the necessary effort if adequate representation could not be ensured even when considering Article 41. In cases of official defense or when granting legal aid, the lawyer must timely obtain the approval of the presidency of the higher court if the effort threatens to exceed the fee framework of Article 38 and Article 41.

1. Representation in Administrative Court Litigation

When representing administrative court cases, the attorney's fee is determined according to Articles 32 and 35.

2. In matters of administrative court appeals, the attorney's fee ranges from CHF 500 to CHF 10,000. If significant economic interests are at stake, the fee may be increased to a maximum of CHF 20,000.

3. In disputes concerning social security law, the party costs are assessed based on the facts of the case under consideration and the complexity of the process, irrespective of the amount in dispute.

1. In proceedings before the Administrative Court Presidium, the attorney's fee ranges from CHF 100 to CHF 3,000.

1. An additional charge may be granted to the standard attorney fee

1. up to 30 percent, when there is a substantial amount of foreign-language documents to be processed, when largely foreign law must be applied, or when multiple court hearings have taken place;

2. * up to 40 percent, when the collection or compilation of documents and evidence or complex factual or legal circumstances require extraordinary effort, when travel or expert opinions were necessary, or when a multitude of persons were represented.

2. The increase in attorney fees according to sections 1 and 2 may not exceed a total of 60 percent.

1. The attorney is entitled to reimbursement of his expenses.

2. When using a private vehicle, the attorney is entitled to a mileage allowance equivalent to that provided to cantonal officials.

3. Travel expenses are to be compensated insofar as the travel is pertinent and the choice of transportation is appropriate.

1. The Superior Court shall issue a regulation concerning the compensation for free legal assistance and official defense.

1. This regulation is subject to the optional referendum.

2. The government council determines the date of entry into force.

1. This regulation shall apply to all legal cases that have not yet been adjudicated at the time it enters into force. For proceedings completed in one instance, the previous provisions shall continue to apply. The decisive factor is the date of the decision.

1. Upon the entry into force of this regulation, the Regulation on Fees in Civil and Criminal Proceedings of March 9, 1957, as amended on July 2, 1966, shall be repealed.