Court Organisation Act (GOG) - Scope of Application (GOG)

1. This law regulates the organization of the courts and contains general provisions regarding judicial proceedings.

2. Exceptions are made for differing provisions of federal law and concordats.

1. The jurisdiction of the courts, the types of proceedings, and supplementary provisions related to this law are subjects of legislation on civil, criminal, and administrative judicial matters.

2. The organization, jurisdiction, and procedures of the investigative and prosecutorial authorities are governed by the legislation on criminal judicial matters.

1. The districts form two judicial circuits

1. * The districts of Appenzell, Schwende-Rüte, Schlatt-Haslen, and Gonten form the Appenzell judicial circuit.

2. The district of Oberegg forms the Oberegg judicial circuit.

1. The Conciliator Operates in the District.

2. In case of recusal or incapacity of the conciliator, the dispute is referred to the conciliator of the next succeeding district in accordance with Article 15(1) of the Cantonal Constitution.

1. For each judicial district, there is a conciliation board for rental and non-agricultural lease matters for residential and commercial spaces, consisting of the president and one representative each of tenants and landlords, as well as the secretary.

2. For the canton, there is a conciliation board for equality matters according to Art. 200 of the Swiss Civil Procedure Code of December 19, 2008, consisting of the president and two members. The Department of Economic Affairs administers the secretariat.

3. The conciliation boards deliberate in groups of three.

4. The members of the conciliation boards are elected annually by the Cantonal Executive Council.

1. The district court for both judicial districts together consists of a president and five members.

2. The district court president is also the president of permanent commissions. Moreover, the court constitutes itself at the beginning of the term of office, specifically electing the vice president of the district court and the coercive measures judge.

3. Substitute judges in the commissions are the other members of the district court.

4. Mediators act as substitute judges, provided that ordinary composition is not possible with the remaining district judges.

1. The district court adjudicates as a full court. Reserved is the jurisdiction by a single judge.

2. ...

3. The full court adjudicates with a panel of five members.

1. The Cantonal Court consists of a President and twelve members.

2. The President of the Cantonal Court also serves as the President of the Divisions. Furthermore, the court constitutes itself at the beginning of the term of office, particularly electing the Vice-President of the Cantonal Court as well as the Presidents and Vice-Presidents of the Commissions.

3. For the Arbitral Tribunal pursuant to Art. 89 KVG and Art. 57 UVG, it elects from among its members the Chairperson, their deputy, and the necessary arbitrators, who otherwise do not belong to the Cantonal Court.

4. Substitute judges in the divisions and commissions are the other members of the Cantonal Court.

5. The district judges, or in their absence the mediators, are substitute judges if a regular appointment is not possible with the remaining cantonal judges.

1. The cantonal court administers justice through divisions. The jurisdiction of commissions and single judges is reserved.

2. The following divisions exist

1. Civil and Criminal Court;

2. Administrative Court.

3. The following permanent commissions are established

1. Supervisory Authority for Debt Enforcement and Bankruptcy;

2. Commission for Decisions in Criminal Matters;

3. Commission for Complaints in Judicial Personnel Matters;

4. Commission for General Complaints.

4. Additionally, there is an arbitration court in accordance with Art. 89 of the Health Insurance Act and Art. 57 of the Accident Insurance Act (Chairperson and one representative each from the insurers and the service providers concerned).

5. The divisions adjudicate with a panel of five members, and the commissions with a panel of three members. The arbitration court must be fully constituted.

1. The courts organize and manage themselves within the framework of the legislation.

1. The President of the Cantonal Court and the Vice President of the Cantonal Court shall elect the Clerk of the Cantonal Court.

2. The President of the District Court and the Vice President of the District Court shall elect the Clerk of the District Court.

3. The President of the Cantonal Court and the President of the District Court shall appoint the other clerical staff.

4. ...

5. The Personnel Ordinance shall apply mutatis mutandis. The Council of State, in collaboration with the Court Presidents, shall determine the budgetary positions and salaries of the court clerks and the clerical staff.

1. The District Court shall be convened by the District Court President for constituting at the beginning of each judicial year.

1. The Cantonal Court shall be convened by the President of the Cantonal Court at the beginning of each official year for its constitution.

2. Reserved is the delegation of administrative powers to a committee.

1. The official seat of the courts is Appenzell.

2. The meeting place of the Cantonal Court is generally Appenzell.

3. The District Court generally meets in the judicial district where jurisdiction for the specific case exists. Upon request by a party or if jurisdiction exists in both judicial districts, the court may convene in the other judicial district.

1. Judges, Court Clerks, and Staff are Obligated to Confidentiality. In particular, they must not disclose anything regarding the court's deliberations and the judges' voting.

1. Regarding the Release of Court Records or the Provision of Information on Court Proceedings Decides

a) * the President of the Court for his court;

b) * the District Court President for mediators and conciliation bodies.

2. Reserved remains a general regulation of exceptions from official secrecy by regulation or instruction.

1. Judges, court clerks, and staff are prohibited from discussing pending cases with the parties involved or with persons acting on their behalf, except as provided by law.

1. Supervision is the responsibility of

a) the President of the Cantonal Court over the District Court;

b) the President of the District Court over the mediators and conciliation bodies.

2. The President of the Cantonal Court may also issue general directives to ensure a targeted and uniform administration of justice, which may extend into the supervisory area of the President of the District Court and take precedence over his directives.

3. The President of the Cantonal Court may involve other members of the Cantonal Court for the purpose of supervision.

4. The President of the Cantonal Court and the President of the District Court are responsible for supervisory complaints within their area of supervision, subject to other statutory regulations.

1. The supervision encompasses

a) * the organizational, administrative, and personnel matters;

b) * the processing of cases (management), excluding the application of the law in specific individual cases;

c) * the assessment of supervisory complaints, insofar as the complaint cannot or could not be asserted with another legal remedy.

2. To fulfill its responsibilities, the supervisory authority has the right to inspect and obtain information, and it may issue directives. It may only inspect procedural files if this is necessary for the assessment of a supervisory complaint or if the procedure has been legally concluded.

3. Annually, the following entities report on their official activities with statistics

a) the District Court and the Juvenile Court report to the President of the Cantonal Court;

b) the mediators and conciliation authorities report to the President of the District Court.

1. The Grand Council exercises supreme oversight over the courts.

2. It receives the annual report from the President of the Cantonal Court regarding the conduct of the courts; it can issue instructions for reporting.

3. The Grand Council may designate a commission to conduct discussions with the President of the Cantonal Court as needed. The commission reports to the Grand Council in an appropriate manner.

1. The canton shall bear the costs of the administration of justice, unless otherwise specified.

2. The canton shall receive the fees and fines imposed by the courts.

1. The district compensates the mediator and retains the fees awarded by them.

2. The district provides, free of charge, appropriate premises for

a) the mediator;

b) * proceedings and hearings of the district court and conciliation body, if they customarily convene in the district;

c) evidence collection by other courts.

1. The judge is independent in the administration of justice and is bound only by the law.

2. A remanding decision binds the lower instance to the legal opinion on which it is based.

1. Abstention is not permitted.

2. In the event of a tie, the vote of the president shall prevail.

1. If the composition of the court changes during the proceedings, this must be communicated to the parties involved.

2. The proceedings must be repeated upon request or ex officio, insofar as it is in the interest of the parties involved.

1. The court may decide by way of circulation, if the law does not prescribe a hearing and the parties waive such a hearing.

2. Circulation decisions require the unanimity of the judges and must be marked as such. Any judge may request deliberation.

1. The professional representation before the courts is reserved for licensed attorneys, unless the law provides for exceptions.

2. The representatives must present an appropriate power of attorney.

3. Attorneys established and practicing in the canton are obligated to assume the representation of a party granted legal aid or official defense at a reduced rate.

1. Unless expressly excluded by law, a party may delegate the conduct of proceedings or representation in court to persons who are married to them, who are in a registered partnership or who are in a de facto cohabitation, as well as to their relatives and in-laws in the direct line or up to the second degree in the collateral line.

2. The acts and omissions of the authorized representative are as binding on the principal as if they had been performed by the principal themselves.

1. Any person wishing to perform procedural acts on behalf of another, except in the capacity of a legal or statutory representative, must possess a written power of attorney.

2. Representatives of persons under comprehensive guardianship must present a certificate from the Child and Adult Protection Authority regarding their authority to represent.

3. In the event of insufficient proof of the power of attorney for proceedings, the court will decide on the acceptance according to the circumstances. It may set a final deadline for the concerned party to provide proof if it is absent.

1. A general power of attorney authorizes the performance of all legal actions necessary or useful in the dispute, but not the transfer of the power of attorney to another, the conclusion of a settlement, withdrawal from the process, filing of a bankruptcy petition, or acceptance of the object of the dispute. For these actions, a special authorization is required.

1. The power of attorney for litigation is terminated by the death, the loss of legal capacity, and the bankruptcy of the principal or the agent. If this occurs in the case of the principal, the agent remains obligated to take the necessary measures to protect the interests of the principal until the legal successor or the authority obligated to protect these interests is capable of doing so themselves.

2. The power of attorney is further terminated by revocation by the principal or by resignation of the agent. In the latter case, the agent is obliged to continue acting on behalf of the principal for an additional 14 days, insofar as necessary to protect the principal from legal disadvantages.

3. Revocation and resignation must be communicated to the counterparty and the court; they only become effective in relation to them upon such communication.

**1. Procedural actions taken without power of attorney are void. The representative acting without power of attorney shall be liable for all legal costs. Further claims for damages remain reserved.**

**2. However, if an authorization is granted retrospectively, the procedural actions taken shall be deemed approved.**

1. Judges, participants, and third parties involved shall use the German language.

1. If judges, parties involved, and participating third parties are unable to communicate as required to ensure the right to be heard, the judge shall engage an interpreter or another suitable assistant.

2. The provisions regarding expert witnesses shall be applied accordingly.

3. Oral statements may be replaced by written statements in such cases.

1. Proceedings before the judge are public. Deliberations are confidential.

2. The public is excluded

a) when a decision is made without a hearing based on written submissions;

b) when an overriding public interest or legitimate private interests require it.

3. The presiding judge may permit certain individuals in cases of exclusion of the public if a justified interest is asserted and no disadvantages arise from their presence.

1. Spectators are admitted to public hearings, provided that space is available.

2. Persons under the age of 18 may be denied entry.

3. Visual and audio recordings are permitted only for court purposes.

1. The judge may announce decisions of general interest in an appropriate manner.

2. The courts publish decisions of fundamental importance in the annual report on state administration and justice.

3. The names of the parties involved are generally not mentioned.

1. The affairs of the court, the divisions, and the commissions are directed by their president.

2. If the president is unable to fulfill their duties and no deputy is available, they shall be represented by the longest-serving judge, if necessary by a substitute judge.

1. The President may delegate his powers to a member of the court during the proceedings.

2. He himself conducts the main and final hearings.

1. The President may decide on

a) Not proceeding with submissions that are obviously overdue or otherwise inadmissible and unfounded;

b) Dismissing a proceeding if no judgment or non-admittance decision is to be made.

2. He provides a brief explanation of the decision and sets a deadline of seven days for the parties involved, within which a decision by the court can be requested through a simple declaration.

1. The Court Clerk

a) has an advisory voice with the right to make motions in court, keeps records, and drafts the decisions;

b) participates in single-judge cases at the president's request;

c) issues procedural orders on behalf of the president.

2. The court clerk is under the direct supervision of the presiding judge of their instance.

3. If a court clerk recuses themselves or if there are other justified reasons, an extraordinary court clerk shall be appointed according to the competences outlined in Article 13 of this law.

1. Judges, court clerks, and lawyers wear dark clothing during proceedings.

1. The judicial authorities within the meaning of this Act generally charge fees up to CHF 90,000 for their decisions.

2. The fee range increases fourfold in particularly complex cases or for disputes involving amounts exceeding CHF 1,000,000.

3. The fee range is indexed (national consumer price index, as of March 31, 2023).

4. The detailed arrangement of the fee schedule is regulated by the Grand Council through ordinance.

1. Upon the entry into force of this law, all decrees that contradict it shall be repealed, particularly the Court Organization Act of April 25, 1999 (GOG).

1. The Grand Council determines the entry into force of this law.