Introductory Act to the Swiss Civil Procedure Code (EGzZPO) - Subject Matter (EGZZPO)

1. This Act contains the cantonal implementing provisions for the Swiss Code of Civil Procedure.

2. It regulates the jurisdiction of conciliation authorities and courts in the field of civil jurisdiction.

3. The organization of conciliation authorities and courts is governed by the Court Organization Act, insofar as the Code of Civil Procedure (ZPO) or this Act contain no provisions.

4. Cantonal civil law and the civil jurisdiction of administrative authorities are governed by the introductory legislation to the Swiss Civil Code (ZGB) and the Swiss Code of Obligations (OR).

1. The procedural languages of the conciliation authorities and civil courts in the Canton of Grisons are determined by the Cantonal Language Act.

1. The Responsibilities of the Conciliation Authority Pursuant to the Code of Civil Procedure are Entrusted to

a) the Mediation Office, unless another conciliation authority is competent;

b) the Conciliation Authority for Tenancy Matters in disputes arising from the lease and rental of residential and commercial premises;

c) the Conciliation Authority for Equality Matters in disputes under the federal Equal Opportunities Act.

2. The Local Jurisdiction of the Conciliation Authority is Determined by the Provisions of the Code of Civil Procedure regarding the Place of Jurisdiction.

1. Unless otherwise specified by federal law or cantonal law, the regional court serves as the first-instance civil court.

2. It decides with single-judge authority

a) * on matters for which the summary procedure applies;

b) * on matters for which the simplified procedure applies;

c) * on specific family law proceedings, children's issues in family law matters, and proceedings related to registered partnerships;

d) * on violations against judicial prohibitions as per the Civil Procedure Code;

e) * on requests for legal assistance, unless the superior court is competent;

f) * when a submission is obviously inadmissible or obviously unfounded.

3. In disputes according to Paragraph 2 Letter b and Letter c, the regional court decides with a panel of three judges if requested by a party in the first written submission, the dispute amount exceeds 10,000 Swiss Francs, and the submission is not obviously inadmissible or obviously unfounded.

4. In other cases, the regional court decides in the composition provided for in the Court Organization Act.

1. The Superior Court adjudicates as the first instance civil court in cases where federal law provides for a single cantonal instance.

2. It decides with judicial competence

a) * over disputes involving an amount in controversy of up to 10,000 Swiss Francs;

abis) * over matters for which the summary procedure applies;

b) * over arbitration matters, with the exception of the assessment of complaints and requests for revision.

3. In other cases, the Superior Court decides in the composition provided for in the Court Organization Law.

1. The Court of Appeals acts as the appellate body for appeals and grievances.

2. It renders decisions in single-judge capacity

a) * on grievances;

abis) * on appeals against decisions in summary proceedings;

b) * when an appeal is evidently inadmissible or evidently well-founded or unfounded.

3. The Court of Appeals decides on disputes in accordance with paragraph 2, letter a, and letter abis in a panel of three judges, if requested by a party in the first pleading, the disputed amount exceeds 10,000 Swiss Francs, and the appeal is not evidently inadmissible or evidently well-founded or unfounded.

4. In other cases, the Court of Appeals decides with the composition provided for in the Court Organization Act[13].

1. The Superior Court is the cantonal central authority for legal assistance requests from abroad within the meaning of the international treaties.

2. Service abroad is conducted directly from authority to authority. If direct communication is excluded by federal law or treaty law, service is carried out through the Superior Court.

1. The court responsible for enforcement may call upon the cantonal or municipal police for coercive measures within the framework of federal law.

2. In matters concerning children, the court may appoint the child protection authority at the children's place of residence to execute the enforcement.

3. Obligations to cooperate in other cantonal enactments remain reserved.

1. The Office for Justice Enforcement executes electronic monitoring in accordance with Article 28c of the Swiss Civil Code.

2. It evaluates the collected data periodically or at the request of the ordering court. If the Office for Justice Enforcement becomes aware of a violation of the prohibition being monitored, it informs the ordering court. It is authorized to report such a violation to the cantonal police and the municipal police.

3. If the person subject to monitoring disregards the instructions of the Office for Justice Enforcement and thereby obstructs the electronic monitoring, the Office for Justice Enforcement may apply to the ordering court for the termination of the electronic monitoring.

4. Upon expiration of the monitoring period, the Office for Justice Enforcement shall report to the ordering court.

5. Furthermore, it processes the monitoring data according to the rules applicable to electronic monitoring of prohibitions on contact and geographical area restrictions in criminal law.

6. The Office for Justice Enforcement invoices the costs of electronic monitoring to the ordering court. The court bears the enforcement costs, insofar as they cannot be passed on to the monitored person.

1. With the invitation to mediation, the conciliation authority points out the possibility of mediation. It may also recommend such a course of action.

2. The conciliation hearing takes place in a public office at the residence, domicile, or place of stay of the defendant party, provided it is within the court district. In other cases or with the consent of the parties, the hearing takes place at the seat of the conciliation authority.

1. Representation by a capable person who is not registered in the register of lawyers or who enjoys freedom of movement under the BGFA is possible in individual cases with the approval of the chairperson, upon a well-founded application

a) for non-professional representation;

b) in debt collection and bankruptcy matters in accordance with the Code of Civil Procedure;

c) in tenancy and employment law disputes by professionally qualified persons.

1. Before filing the lawsuit with the court, the chairperson of the court of first instance decides on applications for free legal aid.

2. The canton is usually to be heard. The tax administration provides the necessary data to the office responsible for the statement or to the court. It may make the data accessible through a retrieval procedure.

3. The costs of free legal aid are charged to the court fund, insofar as they are borne by the canton according to the Code of Civil Procedure.

4. The jurisdiction and procedure for repayment are governed by the Administrative Procedure Act.

5. The provisions concerning free legal aid apply to mediation within the meaning of the Code of Civil Procedure if

a) the parties do not have the necessary means;

b) their legal request or the mediation does not appear futile; and

c) it is conducted by a recognized mediator.

1. If the challenge is contested, the decision is made by

a) * the chairperson of the court vested with jurisdiction over the main issue in cases of recusal of additional court personnel;

b) * the deputy of the chairperson in cases of recusal of the chairperson;

c) * the chairperson of the civil chamber of the regional court vested with jurisdiction over the main issue in cases of recusal at conciliation authorities.

2. ...

1. The records of the conciliation procedure are retained by the conciliation authority, and the court records are retained by the court.

2. The authority or court that retains the records decides on access to records concerning concluded procedures.

3. Access to records is granted when a legitimate interest can be demonstrated.

4. Decisions regarding access to records can be appealed in writing to the supervisory authority within 30 days.

5. Decisions concerning access to records in proceedings before the Higher Court and the Judicial Court are final according to cantonal law.

1. The allocation of the legal costs is governed by the Code of Civil Procedure.

2. The flat rates for the conciliation procedure and the decision fee are determined by the effort, interest, and the economic circumstances of the liable person.

3. The flat rate amounts to a maximum of 30,000 francs. In proceedings that cause particularly large efforts, the fee range increases to 100,000 francs. In case of a settlement or waiver of a fully reasoned judgment, the flat rate for the conciliation procedure or the decision fee will be appropriately reduced.

4. The Higher Court regulates the amount of the flat rates in an ordinance.

1. The compensation for party representation and free legal aid is governed by the Civil Procedure Code and attorney legislation.

2. The compensation for witnesses for loss of earnings is a maximum of 500 Swiss francs per day. The compensation for expenses is provided at most according to the rates applicable to the personnel of the canton. The Higher Court regulates the details in an ordinance.

1. Mediation Authorities and Civil Courts Maintain Separate Accounts for Each Case

2. Otherwise, Accounting and Debt Collection Shall Conform to the Provisions Governing Court Organization

1. Jurisdiction of Administrative Authorities in the Field of Civil Law and Procedures

The jurisdiction of administrative authorities in the field of civil law, as well as the procedures, are governed in particular by the introductory laws to the Civil Code and the Code of Obligations.

1. Upon the entry into force of this law, the following enactments shall be repealed

a) Code of Civil Procedure of the Canton of Graubünden dated December 1, 1985;

b) Accession dated March 2, 1975, to the Agreement of October 28, 1971, on the Granting of Mutual Legal Assistance for the Enforcement of Public Law Claims;

c) Accession dated June 14, 1987, to the Agreement on the Enforcement of Civil Judgments dated March 10, 1977;

d) Accession dated March 2, 1975, to the Agreement of March 27, 1969, on Arbitration;

e) Accession dated May 28, 1978, to the Agreement on the Granting of Mutual Legal Assistance in Civil Matters dated April 26, 1974, and November 8/9, 1974;

f) Accession dated February 28, 1904, to the Agreement concerning Exemption from the Obligation to Provide Security for Legal Costs dated November 5/20, 1903.

2. Should existing enactments refer to provisions that are repealed by this law, the corresponding provisions of the Swiss Code of Civil Procedure as well as this law shall apply.

1. The amendment of laws is regulated in the annex.

2. Insofar as grand council ordinances that do not comply with the provisions of Article 32, Paragraph 1 of the Cantonal Constitution contradict the provisions of the Swiss Code of Civil Procedure or its implementation in this law, the Grand Council may adjust them to these enactments by ordinance.

1. Proceedings that are pending at the time of this Act's entry into force shall be continued by the authorities with jurisdiction under the new law. In all other respects, the proceedings shall be governed by the previous law.

2. The political entity responsible for bearing the costs of legal aid in pending proceedings shall be determined according to the previous law.

3. The political entity that has borne the costs is responsible for the recovery of the costs of legal aid. In all other respects, the procedure shall be governed by the new law.

1. This Act is subject to the optional referendum.

2. The government determines the date of its entry into force.