Rules of Procedure of the Regional Court of Imboden - Subject Matter

1. This Code of Procedure clarifies the organization and judicial administration of the Regional Court of Imboden.

1. The Regional Court of Imboden consists of a civil division and a criminal division.

2. Each division is composed of at least one chairperson and three additional judges. If only one chairperson is designated for a division, a deputy chairperson is appointed.

1. The adjudicatory body of a chamber generally consists of the respective presiding judge or a deputy, as well as two additional judges.

2. The presiding judge also acts as a single judge, as long as there is a jurisdiction for single-judge matters. For a specific legal area or a particular type of proceeding, the full court may designate another member of the chamber as a single judge.

3. If there are multiple presiding judges, the assignment is based on a specific system predetermined by the full court, which is determined by the order of case entries, legal areas, or other substantive criteria.

4. Where the composition of the adjudicatory body is not already determined by paragraphs 1 and 3, the following criteria must be taken into account when appointing the additional members of the adjudicatory body

a) Expertise in a specific area;

b) Balance of workload among judges;

c) Involvement of members of both genders depending on the nature of the case;

d) Participation in previous decisions in the same area of law;

e) Connectivity of the cases;

f) Absences, particularly due to illness or vacations.

5. If the adjudicatory body of a chamber cannot be fully constituted from members of the respective chamber, members from another chamber may be appointed.

6. The presiding judge is responsible for the composition of the adjudicatory body according to paragraph 4 and paragraph 5.

1. The members of the adjudicating body must approve the content of the decisions (dispositive) by majority, and in the case of circular decisions, by unanimity.

2. The reasoning of the decision shall be communicated to all members of the adjudicating body. The chairperson is responsible for ensuring that the majority of the associate judges confirm their agreement with the reasoning before it is communicated.

3. As long as the dispositive and the reasoning are approved, changes to the decision that has not yet been issued can only be made with the consent of all involved judges, except for editorial changes.

1. In justified cases and with the consent of all members of the adjudicating body, individual members or all members of the adjudicating body may participate in the deliberation via audio and video transmission (videoconference).

2. The following conditions must be met during the conduct of the videoconference

a) the transmission of audio and video among all persons participating in the deliberation must occur simultaneously;

b) the chairperson must identify all participants at the beginning using the audio and video transmission and confirm their presence;

c) a functional transmission of audio and video must be ensured during the virtual deliberation. In the event of significant technical disruptions, the deliberation must be interrupted. If these disruptions can be resolved, the deliberation is to be continued; otherwise, it must be abandoned;

d) no recording shall take place. The protocol shall follow the provisions applicable to physical deliberations;

e) data protection and data security must be ensured.

3. With the consent of all members of the adjudicating body, the video transmission may be dispensed with.

4. If the decision is made during the deliberation, the members of the adjudicating body who participated virtually must confirm the dispositive electronically.

5. In all other respects, the technical requirements and the requirements for data protection and data security are governed by Article 141b of the Code of Civil Procedure and by the Federal Ordinance on the Use of Electronic Means for Audio and Video Transmission in Civil Proceedings.

1. Court decisions are signed by the presiding judge and the court clerk (see Art. 13 para. 2 GOG).

2. If no court clerk was involved in the rendering of the decision, the presiding judge alone signs.

1. The full court is composed of all full-time and part-time judges, excluding the extraordinary judges.

1. The full court is presided over by the President. It exercises all powers assigned to it under the Court Organization Act.

1. The Full Court convenes at the beginning of the term of office, following by-elections, after the election of extraordinary judges, and as required by business needs.

2. An extraordinary session can be convened by the President or if at least three judges request that an agenda item be scheduled.

3. Resolutions of the Full Court are valid when at least two-thirds of the Full Court members participate in the meeting or in the written procedure.

4. Each member of the Full Court has one vote and, except in elections, is obliged to cast their vote.

5. Resolutions for which the Full Court is responsible are passed by an absolute majority of the votes of judges present in the session or participating in the written procedure. In the event of a tie vote, the President decides.

6. In elections, an absolute majority is decisive in the first ballot. This is the next whole number resulting from dividing the total number of all valid votes for candidates by twice the number of available seats. Abstentions, as well as blank and invalid votes, are not counted. If more candidates achieve the absolute majority than there are seats to be filled, those with the highest number of votes are deemed elected. If no one achieves the absolute majority, or fewer candidates are elected than seats to be filled, a second ballot takes place where the candidates with the highest number of votes are elected (relative majority). In other respects, the Law on Political Rights in the Canton of Graubünden applies mutatis mutandis.

7. The minutes of the Full Court meetings can be prepared by a recorder.

1. The Administrative Commission exercises those powers that are assigned to it by law or this regulation.

2. It is, among other things, responsible for

a) Decisions concerning the replacement election of part-time judges of the Regional Court;

b) Applications for the election of extraordinary judges for the Regional Court;

c) Applications to the Higher Court for the initiation of a dismissal procedure against a member of the Regional Court;

d) Employment and determination of the initial salary for permanent employees of the Regional Court.

1. The administrative commission meets as required. Each member of the administrative commission may request the convening of a meeting or the inclusion of an item on the agenda.

2. The notice of meeting and the agenda, along with any necessary documents, shall be sent to the members of the administrative commission.

3. Each member has one vote and is obligated to cast their vote, except in elections.

4. Decisions are made by an absolute majority of the votes of the judges present at the meeting or participating in the circular procedure. In the event of a tie, the president shall decide. For elections, Article 9 paragraph 6 applies.

5. Decisions of the administrative commission are valid if at least two members participate in the meeting or the circular procedure.

1. The President shall lead the Regional Court and oversee its operations. He or she shall perform all judicial administration tasks not assigned to another entity.

2. The responsibilities of the President, besides the duties outlined in Article 74 paragraph 2 of the Court Organization Act, include in particular

a) ensuring credit control and responsibility for economical and efficient use of credit and an appropriate control system;

b) submitting any statements to the Presidential Conference and other bodies;

c) supervising and approving the ancillary occupations of the clerks;

d) supervising the staff of the court registry;

e) appointing interns and temporarily hiring staff;

f) annually determining the salaries and performance and spontaneous bonuses of the staff;

g) overseeing the mediation office and the conciliation authority for tenancy matters and their members.

3. The Vice President shall assist the President in fulfilling his or her duties.

4. If the President is unable to perform his or her duties, he or she shall be represented by the Vice President. The Vice President shall assume the presidential responsibilities.

5. The President shall be relieved from judicial tasks to the extent of the time required for presidential duties.

6. The President is authorized to involve other judges for specific activities falling within his or her competence.