Judicial Fees Act (JFA) (LTG)

1 This law establishes the schedule of court fees for the administration of civil and criminal justice.

**2 Special laws are reserved.**

1. Court fees are determined based on the value, nature, and complexity of the act or the case.

2. In the event of a clear disproportion between the value, nature, and complexity of the case and the tariff set out in this law, the competent authority may deviate from the limits imposed by the tariff.

1 Every judicial authority shall collect its own court costs, pecuniary penalties, and fines, subject to paragraph 2.

2 The Council of State may establish a central collection service for judicial authorities.

1. Court costs shall be borne by the State.

2. Court costs for proceedings before the Justice of the Peace shall be borne by the latter.

1 In conciliation proceedings, a fee is set within the following limits

Litigious value in francs

Fee in francs

up to

2,000

50 - 150

2,000 - 5,000

100 - 300

5,000 - 30,000

200 - 1,500

30,000 - 100,000

500 - 3,000

100,000 - 1,000,000

1,000 - 5,000

over

1,000,000

3,000 - 0.5%

2 If the litigious value is not determinable, the fee is set between 50 and 5,000 francs.

3 The conciliation authority may waive the collection of the fee if the attempt at conciliation is successful.

The court fee for decisions of the justice of the peace is set between 50 and 300 Swiss francs.

1 The court fee for decisions of the Justice of the Peace in ordinary proceedings is fixed within the following limits: [1]

Litigious value in francs

Court fee in francs

up to

30,000

500 - 4,000

30,000 - 50,000

2,500 - 5,000

50,000 - 100,000

3,000 - 8,000

100,000 - 200,000

5,000 - 12,000

200,000 - 500,000

8,000 - 20,000

500,000 - 1,000,000

15,000 - 40,000

1,000,000 - 2,000,000

25,000 - 60,000

2,000,000 - 5,000,000

35,000 - 80,000

5,000,000 - 10,000,000

55,000 - 100,000

over

10,000,000

75,000 to 1% of the value

2 In cases with an undeterminable litigious value and in divorce proceedings, the court fee is fixed between 250 and 20,000 francs.

3 Paragraph 1 is also applicable in divorce proceedings that also concern financial relationships, with the exception of maintenance contributions.

[1] Para. amended by Law of 17.12.2014; in force since 10.2.2015 - BU 2015, 38.

1 The scale of fees for decisions by the Justice of the Peace in simplified proceedings is the same as in ordinary proceedings. [2]

2 In disputes up to a value in litigation of CHF 30,000 concerning the lease and tenancy of residential and commercial premises, as well as agricultural lease, the fee is set between CHF 100 and CHF 200; in such disputes, irrespective of the value in litigation, the judge may exempt the losing party who acts without bad faith or procedural recklessness from the costs of taking evidence if these have financially burdensome effects.

[2] Para. amended by Law of 17.12.2014; in force since 10.2.2015 - BU 2015, 38.

[3] 1 The fee for the decisions of the justice of the peace in summary proceedings is half of that in ordinary proceedings.

2 In cases with an indeterminate value in dispute and in those where judicial protection is sought in clear cases, the court fee is set between 100 and 20,000 francs.

3 In disputes concerning the lease and rental of residential and commercial premises, as well as agricultural lease, the fee is set between 100 and 200 francs.

[3] Art. amended by L 4.6.2012; in force since 10.8.2012 - BU 2012, 365.

[4] The court fee for interim measures is set between 100 and 20,000 francs.

[4] Art. amended by L 17.12.2014; in force since 10.2.2015 - BU 2015, 38.

In other procedures, the court fee is set between 100 and 10,000 francs.

The fee for decisions of the Court of Appeal in the single cantonal instance is double that for decisions of the Cantonal Court (pretore) in ordinary proceedings.

[5] The fee for decisions on appeal by the Court of Appeal is equal to that for decisions of the judge in the original proceedings.

[5] Art. amended by L 17.12.2014; in force since 10.2.2015 - BU 2015, 38.

The court fee for appeal decisions of the Court of Appeal is set between 100 and 10,000 francs.

The court fee for appeals against decisions of administrative authorities is set between 200 and 20,000 francs.

The court fee for interim measures is set between 100 and 20,000 francs.

In other procedures, the court fee is set between 100 and 20,000 francs.

The court fee for cases brought before an extended jurisdiction may be increased up to double the amount established in the tariff.

The fee for review decisions is half that in the original procedure.

1 The fee for interpretative decisions is one-fifth of that in the original proceedings.

2 The judge may waive the collection of the fee.

In case of settlement, acquiescence, or withdrawal, or if the case becomes moot for other reasons, the court fee shall be determined on the basis of this tariff, in proportion to the acts performed.

1 In criminal proceedings, the court fee is set within the following limits

a. in trials before the criminal district court from 200 to 10,000 francs;

b. in trials before the Correctional Court from 500 to 20,000 francs;

c. in trials before the Criminal Court from 1000 to 100,000 francs;

d. in trials before the Criminal Appeals and Revision Court from 500 to 100,000 francs.

2 In proceedings governed by the Federal Act of 22 March 1974 on Administrative Criminal Law and the Act of 20 April 2010 on Procedure for Minor Offences, the fee is set between 200 and 20,000 francs.

3 In proceedings before the Criminal Appeals and Revision Court within the meaning of Art. 398 para. 4 CPP, the fee is set between 200 and 10,000 francs.

4 In the case of trials before the criminal judicial authorities, the judge may also set in the same judgment a reduced court fee for cases where a written justification is not requested; in such a case, the maximum fee set in this article is halved.

5 In the event of striking off or inadmissibility, the court fee is set in proportion to the acts performed and may be lower than the minimum limit provided for by this tariff. [6]

[6] Para. introduced by the L 17.12.2014; in force since 10.2.2015 – BU 2015, 38.

For the indictment decree, the decree of no bill, and the abandonment decree, the fee is set between 100 and 10,000 francs.

[7] The judge for coercive measures may levy a court fee of up to 5,000 francs.

[7] Art. amended by L 4.6.2012; in force since 10.8.2012 – BU 2012, 365.

The court fee for decisions of the Criminal Complaints Court is set between 100 and 20,000 Swiss francs.

1 In decisions of the judge responsible for the execution of sentences, in accordance with Art. 10 lett. a-c of the Law of 20 April 2010 on the execution of sentences and measures for adults, the court fee is set between 50 and 1000 francs.

2 In other decisions, the judge responsible for the execution of sentences may levy a court fee of up to 1000 francs.

The fee for review decisions is half that in the original procedure.

[8] 1 The Council of State may, if exceptional circumstances justify it, defer, suspend or remit in whole or in part taxes and fees.

2 An appeal against the decision of the Council of State may be lodged with the Cantonal Administrative Court; the law on administrative procedure is applicable.

[8] Art. introduced by L 23.9.2014; in force since 14.11.2014 - BU 2014, 487.

1 A witness is paid an indemnity of 50 francs for half a day and 100 francs for a full day.

2 The judge shall fix an equitable indemnity for the cooperation of third parties.

3 The justice of the peace and the witness are entitled to a travel allowance if this causes them significant expenses; the provisions for state employees apply by analogy.

To the mayor, the member of the municipal council, and the municipal official with a mandate from the municipal council who intervene by virtue of their role, on the basis of a procedural obligation, an allowance is paid in accordance with Article 28.

1 The remuneration of the expert, interpreter, and translator is determined by the judge according to their free discretion, taking into account the nature and difficulty of the work.

2 If the opinion is submitted in writing, the expert must present the fee note in writing.

Services of the criminal prosecution authorities [9]

[9] Marginal note amended by the Act of 17.12.2014; in force since 10.2.2015 – AS 2015, 38.

1 The authority ruling on the guilt of the accused shall include in the judgment the decision on police intervention and investigation costs.

2 The criminal prosecution authorities may itemize separately, in particular

a) disbursements made for services requested from public or private entities for the purposes of the investigation, when these do not fall within the normal activity of the investigating bodies;

b) services rendered by their own specialized financial or scientific departments in relation to the proceedings;

c) services that have involved an effort or scope greater than average. [10]

[10] Para. introduced by the L 17.12.2014; in force since 10.2.2015 - BU 2015, 38.

The Council of State may issue a regulation on costs.

In proceedings conducted in accordance with cantonal civil and criminal procedure law, the previously applicable tariff shall apply.

Once the terms for the exercise of the right to a referendum have expired, this law shall be published in the Official Bulletin of Laws and Executive Acts and shall enter into force on January 1, 2011.

Published in OB 2011, 38.