Subject Matter

1. This procedural regulation specifies the organization and the judicial administration of the Regional Court Prättigau/Davos.

1. The Regional Court of Prättigau/Davos consists of a civil law chamber and a criminal law chamber.

2. Each chamber comprises at least one chairperson, one deputy, and three additional judges.

**1. Composition of a Chamber Panel**

The panel of a chamber typically consists of the respective chairperson or their deputy, as well as two additional judges.

**2. Role of the Chairperson**

The chairperson also serves as a single judge, where individual judicial responsibility exists. For a specific legal area or procedure type, the full court can designate another member of the chamber as a single judge.

**3. Allocation of Chairpersons**

In cases with multiple chairpersons, allocation is determined based on a specific key predefined by the full court, which is based on the order of incoming cases, legal areas, or other relevant criteria.

**4. Selection Criteria for Additional Members**

If the composition of the panel is not already determined by paragraphs 1 and 3, the following criteria in particular are to be considered when appointing additional panel members

a) Expertise in a specific area;

b) Balanced workload among judges;

c) Participation of members of both genders according to the nature of the case;

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

e) Connection between cases;

f) Absences, especially due to illness or vacation.

**5. Responsibility for Panel Composition**

The chairperson is responsible for the composition of the panel according to paragraph 4.

**6. Substitute Members from Other Chambers**

If the panel of a chamber cannot be fully composed of members from its own chamber, the chairperson will appoint members from another chamber.

1. If the decision is to be made by circular resolution, the draft decision (with or without reasons) is circulated among the other members of the decision-making body. The chairperson organizes access to the files.

2. If the other members of the decision-making body agree with the ruling and - in the case of reasoned circular decisions - with the reasoning, the draft is elevated to a judgment.

3. A deliberation takes place if a member requests it or submits an amendment proposal and the chairperson insists on the draft. Otherwise, a new draft decision may be circulated.

1. If a deliberation takes place, the members of the decision-making body either participate in this deliberation or review the files in advance.

2. If the decision is made during the deliberation, all members of the decision-making body sign the decision's dispositive. If the decision is communicated with reasons, this reasoned decision is circulated among the other members of the decision-making body for approval before being communicated; in the case of amendment proposals, Article 4 paragraph 3 applies.

1. As far as the operative provisions and the reasoning are approved, amendments to the decision not yet announced can only be made with the consent of all the judges involved, with the exception of editorial changes.

1. If a party subsequently requests a justification, the reasoned decision shall be circulated among the other members of the adjudicating body for approval before its notification; in the case of amendment requests, Article 4 paragraph 3 shall apply.

1. Decisions of the Court, in which no registrar participates in the ruling, shall be signed solely by the chairperson.

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

2. The following conditions must be met in carrying out the videoconference

a) The transmission of audio and video between all participants in the deliberation must occur simultaneously;

b) The chairperson identifies all participants at the beginning through audio and video transmission and confirms their presence;

c) A functioning 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 remedied, the deliberation is to continue; otherwise, it is to be terminated;

d) No recording shall take place. The minuting follows the provisions for physical deliberations;

e) Data protection and data security must be guaranteed.

3. With the consent of all members of the panel, the transmission of video can be waived.

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

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

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 the powers assigned to it by the Court Organization Act.

1. The full court convenes at the beginning of the term, after any supplementary elections, upon the co-option of extraordinary judges, and as required by the business of the court.

2. An extraordinary session can be convened by the President or if at least three judges request the agenda to include a specific matter.

3. Resolutions of the full court are valid when at least two-thirds of its members participate in the meeting or the circular procedure.

4. Each member of the full court has one vote and is obliged to cast a vote, except in elections.

5. Resolutions for which the full court is responsible are passed 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 has the casting vote.

6. In elections, an absolute majority decides in the first round. This is the next higher whole number that results from dividing the total number of valid votes cast for candidates by twice the number of vacant seats. Abstentions, as well as blank and invalid votes, are not counted. If more candidates achieve an absolute majority than there are seats to be filled, those with the highest number of votes are considered elected. If no candidate achieves an absolute majority, or fewer candidates are elected than there are seats to fill, a second round takes place in which those with the highest number of votes are elected (relative majority). Otherwise, the law on political rights in the canton of Graubünden applies mutatis mutandis.

7. The minutes of the sessions of the full court may be drafted by a clerk. They are submitted to the full court for approval.

1. The Administrative Commission exercises those powers assigned to it by law or this ordinance.

2. It is responsible, among other things, for

a) Decisions regarding the election of deputy judges of the Regional Court;

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

c) Applications to the Higher Court to initiate impeachment proceedings against a member of the Regional Court;

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

1. The Administrative Commission meets as required. Any member of the Administrative Commission may request the convening of a meeting or the inclusion of an item on the agenda.

2. The summons and the agenda, along with the corresponding documents, shall be delivered to the members of the Administrative Commission.

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

4. Resolutions are passed by an absolute majority of the votes of judges present at the meeting or participating in the circular procedure. In the event of a tie, the President has the casting vote. Article 12, paragraph 6 applies to elections.

5. Resolutions of the Administrative Commission are valid if at least two members participate in the meeting or the circular procedure.

1. The President leads the Regional Court and oversees its operations. He or she performs all judicial administration tasks that are not assigned to any other body.

2. In addition to the tasks described in Article 74, paragraph 2 of the Judicial Organization Act, he or she is specifically responsible for

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

b) submitting any opinions to the presidential conference of the Regional Courts and other conferences;

c) supervising and approving the secondary employment of registers' officers;

d) supervising the staff of the court registry;

e) appointing internship positions and the temporary employment of staff (including determining the initial salary);

f) annually setting the salaries, as well as performance and spontaneous bonuses for staff;

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

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

4. If the President is incapacitated, he or she is represented by the Vice President, who assumes the presidential responsibilities.

5. The President is relieved from judicial tasks to the extent of his or her presidential duties.

6. The President is authorized to enlist other judges for specific activities that fall within his or her competence.