Ordinance on Legal Costs and Compensations in Civil and Criminal Justice (Gebührenordnung)

1. This regulation governs the legal costs and compensations in civil and criminal justice.

2. Special provisions of federal law remain reserved.

1. Legal costs consist of fees and expenses.

2. Services for which no fees are determined are provided free of charge.

3. Legal costs are to be imposed on the parties or the state in accordance with the procedural law.

1. Fees are a charge for official acts.

2. Unless otherwise specified below, the fee for orders and decisions of judicial authorities includes all costs, particularly for registration, correspondence including postage, telephone charges, summonses, photocopies and transcripts, hearings, and reasoning. Expenses may be charged in addition to the fee.

3. The fee for orders by law enforcement authorities includes the costs of transcripts and delivery.

1. If there is a minimum and maximum rate for a decision fee, it shall be assessed based on the significance of the matter, the extent of the time expenditure, the financial and economic circumstances of the parties, and the nature of their conduct in the proceedings. Article 80 paragraph 3 of the Civil Procedure Code remains reserved.

1. The part-time court presidents and individual judges are entitled to the fees they collect; this also applies to mediators, unless the municipality establishes a different regulation. In all other respects, legal costs are borne by the state treasury.

1. In civil and criminal cases, each party is entitled to the free delivery of the reasoned judgment.

1. In civil cases, upon the initiation of a lawsuit, appeal, or any other request, the following registration fees are to be paid by the parties

a) * before the single judge of the Cantonal Court: CHF 100.-

b) before the Cantonal Court: CHF 300.-

bbis) * in divorce proceedings: CHF 300.-

c) * before the single judge of the Higher Court: CHF 100.-

d) before the Higher Court: CHF 300.-

e) before the Insurance Court: CHF 200.-

f) before the Judicial Supervisory Commission: CHF 100.-

1. The registration fee is not charged if

a) a free procedure is prescribed,

b) the plaintiff has been granted legal aid,

c) a municipality, the canton, or the federal government is acting as the plaintiff.

2. The parties' obligation to advance costs is otherwise governed by Art. 79 of the Code of Civil Procedure.

1. The intermediary is entitled to demand an advance payment of costs in the amount of the anticipated fees and expenses.

1. Fees and expenses shall be invoiced separately. Upon request by a party, they shall be itemized.

1. The costs in criminal proceedings must be recorded on a separate cost note for each case and included in the decision. The cost note must be attached to the files.

2. For simple cases that do not lead to a referral to the cantonal court, the public prosecutor's office may issue different instructions.

1. The part-time single judges in civil matters and the mediators are responsible for collecting the costs they have incurred themselves. The remaining costs are billed and collected by the cantonal court treasury.

1. The mediator charges a fee of CHF 50 to CHF 200 for conducting a mediation hearing or for an award of costs.

2. If the time spent exceeds one hour, the mediator may charge CHF 100 for each additional hour spent.

3. For a dispute amount of CHF 100,000 or more, the rates can be doubled.

4. A fee of CHF 10 to CHF 100 may be charged for postponing a mediation hearing.

1. The single judges of the Cantonal Court charge a fee of CHF 30 to CHF 1,500 for a decision or an order.

2. In divorce cases, a fee of CHF 500 to CHF 6,000 is charged.

1. The single judges of the Superior Court shall charge a fee of CHF 30 to CHF 2,000 for a decision or an order.

2. In divorce cases, a fee of CHF 500 to CHF 6,000 shall be charged.

1. The Cantonal Court charges the following fees

a) Decision: CHF 100 to CHF 3,000

b) Judgment or Preliminary Decision: CHF 100 to CHF 5,000

c) On-site Inspection, Expert Instruction, Examination, Preparatory Hearing: CHF 20 to CHF 150 per hour

1. The Higher Court charges the following fees

a) Decision: CHF 100 to CHF 3,000

b) Judgment or preliminary decision: CHF 200 to CHF 5,000

c) Decision, judgment, or preliminary decision in arbitration matters pursuant to Articles 260-262 CPC: CHF 100 to CHF 5,000

d) Site inspection, expert instruction, examination, preliminary hearing: CHF 20 to CHF 150 per hour

1. The fees pursuant to Articles 14 to 19 may be increased for a dispute value of

a) over CHF 50,000 up to CHF 100,000 to double

b) over CHF 100,000 up to CHF 250,000 to triple

c) for each additional CHF 250,000 by 100% of the basic rate

2. They may also be quadrupled in other particularly complex cases.

1. The Judiciary Oversight Commission levies the following fees

a) Decision or order: CHF 30 to CHF 1,000.

1. The Lawyers' Supervisory Commission levies the following fees

a) Decision or resolution: CHF 30 to CHF 1,000.

1. Authorities responsible for the enforcement of judgments charge between CHF 20 and CHF 500 for the enforcement order.

2. Expenses are billed separately, with the Department of Internal Affairs and Security setting the hourly rates for police utilization.

3. An advance payment for the anticipated enforcement costs may be required from the applicant.

1. The mediator charges a fee of CHF 50 to CHF 200 for conducting a mediation board.

2. If the time expenditure exceeds one hour, the mediator may charge CHF 100 for each additional hour spent.

3. A fee of CHF 10 to CHF 100 may be charged for the rescheduling of a mediation board.

**1. The Interrogation Office Charges the Following Fees:**

a)-b) * ...

c) * Transferral and Dismissal Order: CHF 20 to CHF 10,000

d) * Subsequent Judicial Order: CHF 20 to CHF 500

e) * Penal Order: CHF 20 to CHF 2,000

f) * Interrogation, On-Site Inspection: CHF 20 to CHF 1,000

**2. In Particularly Complex Cases, the Fees May Be Doubled; In Trivial Matters, They May Be Reduced to Half of the Minimum Rate.**

1. The public prosecutor's office charges the following fees

a) Transfer order: CHF 10 to CHF 2,500

b) Appeal decision: CHF 20 to CHF 1,000

c) Representation of the prosecution in court: CHF 100 to CHF 2,000

2. In particularly complex cases, the fees may be doubled.

1. The Youth Attorney Imposes the Following Fees

a) Penal or Transfer Order: CHF 20.- to CHF 400.-

b) Subsequent Judicial Order or Enforcement Order: CHF 20.- to CHF 100.-

1. The single judge charges a fee of CHF 50 to CHF 2,000.

2. In particularly complex cases, the fee may be tripled.

1. The Cantonal Court and the Superior Court levy the following fees

a) Order, subsequent judicial directive: CHF 250.- to CHF 1,000.-

b) Judgment or preliminary decision: CHF 200.- to CHF 5,000.-

2. In particularly complex cases or when civil claims are to be adjudicated, the fees may be quadrupled.

3. If civil claims are to be adjudicated that justify a higher fee according to the provisions on fees in civil procedure (Articles 14 to 20), this higher fee may apply.

1. The Juvenile Court Levies the Following Fees

a) Decision or Subsequent Judicial Order: CHF 20 to CHF 200

b) Judgment or Preliminary Decision: CHF 20 to CHF 500

1. The Administrative Authorities shall levy the following fees

a) * Orders of the Department of Internal Affairs and Security: CHF 20 to CHF 500

b) Orders and decisions of the Government Council: CHF 50 to CHF 1,000

c) Processing of a pardon request by the Cantonal Council: CHF 100 to CHF 1,000

d) Certificate or extract by the Criminal Records Officer: CHF 15

1. For the delivery of documents to persons not involved in the proceedings, the fee is CHF 10 to CHF 200.

2. The fee may be reasonably increased if it involves a particularly complex procedure and the interested third party is spared substantial personal expenses.

1. Disbursements are all expenses incurred as a result of an official act, such as, in particular, publication costs, witness and expert fees, costs for police operations, and pre-trial detainees.

2. Travel compensations are to be calculated according to the actual expenses or according to the regulations on daily allowances and expenses.

1. Witnesses are to be adequately compensated, taking into account any potential loss of earnings and their out-of-pocket expenses.

2. Experts are to be compensated based on the work performed and the significance of the matter in dispute.

3. If a claim by a witness or expert is deemed excessive by the judge, the claimant must be given an opportunity to respond. Subsequently, the judge will issue a decision, which must be justified. This decision can be appealed to the Judicial Oversight Commission.

4. In criminal investigations, these provisions apply mutatis mutandis. Decisions of the examining magistrate regarding excessive claims are to be appealed to the Public Prosecutor's Office, which makes a final decision.

1. The Government Council may periodically adjust the parameters contained in this regulation to account for inflation.

1. This regulation comes into force on July 1, 1981.

2. With its entry into force, the regulation of June 17, 1974, concerning legal costs and compensations in civil and criminal justice (Fee Regulation), is repealed.