Ordinance on Fees and Compensations before Judicial Authorities (Court Fees Ordinance, GGebV) (Gerichtsgebührenverordnung, GGebV) (GGebV)

1. This regulation governs the costs in proceedings before judicial authorities. The costs include the fees and compensations

a) in civil matters

b) in criminal matters

c) in administrative matters and in administrative legal actions

d) in proceedings before supervisory authorities

2. Provisions of federal law remain reserved, in particular the Civil Procedure Code (SR 272), the Criminal Procedure Code (SR 312.0), and the Ordinance on Fees to the Federal Act on Debt Enforcement and Bankruptcy (SR 281.35), as well as specific provisions of cantonal law.

3. The judicial authorities within the meaning of this regulation also include the conciliation authority, the public prosecutor's office, and the juvenile prosecutor's office.

1. The higher court regulates the fee rates in a regulation.

2. In disputes related to property matters, it generally issues a fee framework that is tiered according to the value in dispute.

**1. Within the Fee Framework, Individual Fees Shall Be Determined Based on the Effort of the Judicial Authority.** This effort particularly depends on the number of hearings, the scope of evidence-taking, as well as the complexity of the facts and legal issues.

**2. If the Fee Regulations of the Higher Court Do Not Contain a Fee Rate,** the judicial authority shall determine the fee at its discretion, taking into account the assessment principles described in paragraph 1.

1. If the value of the dispute is decisive for the calculation of the fees, it shall be determined according to the provisions of the Civil Procedure Code.

1. In particularly extensive or complex cases, the maximum rates may be reasonably exceeded.

1. If the proceedings do not conclude with a judgment on the merits, particularly in cases of discontinuance, withdrawal of the appeal, settlement, and non-admission, the minimum rates may be reasonably reduced.

1. In addition to court fees, the costs for expenses incurred by the court authority are to be reimbursed, namely the costs of evidence presentation, translation, and representation of the child.

2. ...

1. Court fees may be determined as a lump sum in the cost decision.

1. The fees and costs pursuant to Article 7 shall accrue to the state treasury, unless another use is legally stipulated.

2. The fees for intermediaries shall belong to them personally, unless the municipalities determine otherwise.

1. The fees shall be collected by the competent authority.

2. The competent authority shall determine the payment deadline and initiate enforcement proceedings. It may extend the payment deadline and allow installment payments, as well as decide on the write-off of irrecoverable fees.

1. Fees may be waived in whole or in part upon a substantiated request, if the applicant proves that they are in need or if other important reasons exist.

2. The authority responsible for the original cost decision is competent to decide on the full or partial waiver. In the case of a panel, the presiding person decides.

3. Decisions of the public prosecutor's office require approval according to the provisions of the Court Organization Act (RB [2.3221](https://rechtsbuch.ur.ch/data/2.3221/de)) concerning the order to dismiss or not pursue proceedings.

4. Decisions regarding a waiver request can be contested by an administrative court complaint to the Supervisory Commission of the Higher Court.

5. In proceedings concerning the waiver of fees and in complaint proceedings before the Supervisory Commission of the Higher Court, no official costs shall be charged. However, cost imposition remains reserved in cases of vexatious litigation.

6. Otherwise, the provisions of the Ordinance on Administrative Justice (RB [2.2345](https://rechtsbuch.ur.ch/data/2.2345/de)) apply, unless otherwise specified by legislation.

1. The state's claims for fees become time-barred 10 years after the cost decision has become final and binding.

1. The witness receives a witness fee for each appearance before a judicial authority. The superior court shall determine the amount of the witness fee in a regulation.

2. In the case of significant time commitment, extraordinary expenses, and proven loss of earnings, a special allowance may be granted.

1. The necessary accompanying person of a witness also receives a witness fee.

1. The remuneration of the expert or experts and the translator or translators is determined at the discretion of the court based on the submitted invoice, taking into account the time expended and the complexity of the task.

1. The higher court establishes the guidelines for attorney compensation in a regulation.

2. In disputes concerning property rights, it generally issues a compensation framework adjusted according to the value in dispute.

3. The guidelines are to be set in such a manner that the attorney is compensated for their efforts directly linked to the representation or assistance of the party in legal proceedings, particularly for instruction, legal briefs, studying the files and legal issues, attending court hearings, and for office work related to these efforts.

1. Within the minimum and maximum limits, the compensation shall be determined based on the time spent, the significance of the matter for the party in personal and economic terms, the complexity of the case, as well as the scope and nature of the efforts involved.

2. If the regulation of the Supreme Court does not specify a compensation rate, the judicial authority shall determine the compensation at its discretion, taking into account the criteria mentioned in paragraph 1.

3. As a rule, no compensation is awarded if the attorney is employed by their party.

1. If the amount in dispute is decisive for the calculation of the compensation, it shall be determined in accordance with the provisions of the Code of Civil Procedure.

1. If a party in the proceedings asserts manifestly inflated claims, the compensation of its attorney shall be determined based on the amount that could have been claimed in good faith.

1. If the proceedings do not conclude with a judgment on the merits, particularly in cases of procedural withdrawal, withdrawal of the appeal, settlement, and non-entry, the attorney's fees may be reduced accordingly depending on the extent of the efforts.

1. The Ordinary Attorney's Fees Shall Be Increased

a) By 10 to 20 percent, if a substantial amount of foreign-language documents need to be processed

b) By 10 to 40 percent, if largely foreign law is to be applied

c) By 10 to 50 percent, if the collection or compilation of documents and evidence or particularly complex factual or legal circumstances require an extraordinary amount of time

1. In criminal cases, the standard attorney's fees shall be reasonably increased in proceedings of exceptional complexity or involving a multitude of charges.

2. If the criminal judgment also resolves the civil claim, the attorney is entitled, in addition to the standard attorney's fees, to 10 to 30 percent of the fee applicable for a civil trial at first instance.

1. The attorney is entitled to reimbursement of their substantiated cash expenses. Flat rate allowances for expenses are permissible.

2. Travel expenses are to be reimbursed, provided the journey is necessary and the choice of transportation is appropriate.

1. The official defense attorney is compensated by the canton for 75 percent of the court-determined fee and the out-of-pocket expenses.

2. In civil or administrative court proceedings, the canton compensates the appointed pro bono legal representation for 75 percent of the court-determined fee and the out-of-pocket expenses if the party becomes liable for costs, or if the opposing party, who is liable for costs, has also been granted pro bono legal aid or cannot be successfully held accountable for other reasons.

1. The High Court issues the implementing provisions.

2. It shall, in particular

a) determine the fee rates for civil, criminal, and administrative court proceedings

b) determine the amount of witness fees

c) establish the rates for attorneys' compensation

1. The amendments to existing law made in this regulation are found in the annex, which is an integral part of this regulation.

1. The following enactments are repealed

1. Ordinance of June 27, 1966, concerning the Fees and Compensation in the Judicial System

2. Notary Tariff of October 9, 1911, for Public Authentication and Official Certification

1. This ordinance is subject to an optional referendum.

2. The Government Council decides when this ordinance enters into force.