1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 161 Judicial Organization - TITLE ONE - General Provisions (OJNG)

**This Law Regulates the Organization of Judicial Authorities**

This law regulates the organization of judicial authorities.

Everyone whose case is to be heard in a judicial proceeding has the right to have the case brought before a court established by law, which is competent, independent, and impartial.

The publicity of hearings and the delivery of judgments is governed by law, particularly by procedural codes.

[2] Pronouncements are signed by a magistrate, as well as by a member of the judicial staff, subject to other provisions of federal law.

Conflicts of jurisdiction between the judicial power and the executive power are governed by the law on the high supervision of the management of judicial authorities and the exercise of other competencies of the Grand Council in judicial matters (High Supervision Law, HSL), dated January 27, 2004 [3].

1 Judicial Authorities

2. In court, members of the judiciary sit accompanied by a court clerk.

**Article [number]:** The District Court is the Cantonal Judicial Authority of First Instance.

[4] The District Court is composed of the following sections

g) the Coercive Measures Court.

1. The final determination of the jurisdiction of the Court of First Instance, as well as the location of its seat, is the subject of a special law.

2. The Court of First Instance may hold sessions at any location within the cantonal territory.

[5] The District Court is equipped with twenty to twenty-five judge positions.

Each judge has as their alternates the other judges of the Court of First Instance in the event of impediment, absence, recusal, or when the requirements of work demand it.

The Conciliation Chamber sits with a single judge.

1. In disputes concerning leases for residential or commercial premises and agricultural leases, the Conciliation Chamber is composed of a judge, who presides over it, a representative of the tenants, and a representative of the landlords.

2. In disputes relating to labor law and in matters of equality between women and men, it is composed of a judge, who presides over it, a representative of the employers, and a representative of the employees.

In disputes concerning the relationships between attorneys registered with the bar or the public roster and their clients, the supervisory authority for attorneys performs the duties of the Conciliation Chamber.

1. The Conciliation Chamber attempts to reach an agreement between the parties in an informal manner.

2. It assumes the tasks assigned to it by the Code of Civil Procedure (CPC) of December 19, 2008 [6], and by other laws.

3. It reminds the parties of the possibility of substituting conciliation with mediation.

1. The Civil Court sits as a single judge.

2. Except upon joint request by the parties, this judge cannot be the one responsible for conciliation.

1. The Civil Court is competent to adjudicate all contentious civil matters, subject to the jurisdiction attributed to another authority.

2. It is competent to make all judicial decisions within the scope of voluntary jurisdiction and the law of debt enforcement and bankruptcy.

3. It is competent to execute requests for judicial assistance between Swiss courts as well as in international matters.

4. It serves as the court of enforcement, subject to the jurisdiction of the Civil Court.

5. It exercises other competencies attributed to it by the Swiss Civil Code of December 10, 1907 [7], the Introductory Act to the Swiss Civil Code (LI-CC) of March 22, 1910 [8], and other laws.

The Civil Court has jurisdiction to take, in arbitral matters, all measures that do not fall under the jurisdiction of another authority.

[9] The Civil Tribunal is a special jurisdiction in matters of lease contracts and employment contracts.

[11] 1 The child and adult protection authority sits with the composition of a judge, who presides over it, and two members.

2. In cases provided for by law, it sits as a single judge.

1. The Child and Adult Protection Authority has the powers assigned to it by the Swiss Civil Code, the Introductory Law to the Swiss Civil Code, and other laws.

2. It is solely competent to establish, modify, or lift a protective measure, as well as to approve reports and accounts.

[12] 1 The single judge exercises the powers granted to them by the law concerning the introduction of the Swiss Civil Code (LI-CC), dated March 22, 1910, and by the law concerning the child and adult protection authorities (LAPEA), dated November 6, 2012 [13].

2. Repealed.

[14] 1 The Juvenile Court sits with a single judge or with the assistance of two associate judges.

2. When the Juvenile Court sits with a single judge, it holds the status of a juvenile judge within the meaning of federal legislation.

1. The Juvenile Criminal Court has the jurisdiction conferred upon it by the laws governing the criminal status of minors and the criminal procedure applicable to minors.

2. It exercises the other jurisdictions assigned to it by other laws.

The juvenile judge is the investigating authority.

[15] 1. The juvenile judge is competent for the execution of sentences and measures.

2. The juvenile judge also renders subsequent judicial decisions that fall to a judicial authority under the law governing the criminal condition of minors.

"The Police Court sits with a single judge."

[16] 1 The Police Court has jurisdiction in the first instance over all offenses that do not fall under the jurisdiction of other authorities.

2. It specifically has jurisdiction over

b) crimes and misdemeanors, except those that fall under the exclusive jurisdiction of the Criminal Court.

3. It may impose all penalties and measures provided by law, except for a custodial sentence exceeding two years, detention as defined in Article 64 of the Swiss Criminal Code, treatment as defined in Article 59 of the Swiss Criminal Code, or deprivation of liberty exceeding two years upon revocation of a suspension.

4. It exercises the other powers attributed to it by other laws.

1 The Police Court is competent to make all decisions subsequent to the entry into force of judgments and penal orders assigned to the judge by the Swiss Criminal Code, of December 21, 1937 [17], and by other laws.

2. The competencies of the President of the Criminal Court are reserved.

**The Criminal Court sits in a panel of three judges.**

[18] 1 The Criminal Court has jurisdiction in the first instance over crimes and offenses for which a custodial sentence of more than two years, commitment under Article 64 of the Swiss Penal Code, treatment under Article 59 of the Swiss Penal Code, or a custodial sentence of more than two years upon revocation of a suspension can be considered.

2. It may impose all penalties and measures provided for by law.

1. The President of the Criminal Court is competent to make all decisions subsequent to the judgments rendered by the Criminal Court coming into force, which are assigned to the judge by the Swiss Penal Code and other laws.

2. Under the same conditions, the President of the Criminal Court is competent to make all decisions subsequent to the judgments rendered by the Penal Court coming into force, which pertain to the judgments rendered by the Criminal Court.

The Coercive Measures Court sits as a single judge.

1. The Court of Coercive Measures is competent to

b) order or authorize other coercive measures.

2. It exercises the other powers conferred upon it by the Swiss Code of Criminal Procedure (CCP), of October 5, 2007 [19], by the laws governing the penal status of minors and the criminal procedure applicable to minors, and by other laws.

3. It exercises the powers attributed to the judicial authority by the legislation on foreigners.

The Cantonal Court is the superior cantonal judicial authority.

The Cantonal Court is composed of the following divisions

e) the Public Law Court.

1. The jurisdiction of the Cantonal Court extends to the entire canton.

2. Its seat is in Neuchâtel.

3. It may hold hearings in any other location.

The Cantonal Court constitutes its panels.

1. The courts shall decide with three judges.

2. The law may provide otherwise.

[20] The Cantonal Court is staffed with ten to fifteen judge positions.

The judges of the cantonal court divisions are substituted by members of other divisions as well as the judges of the District Court in the event of disqualification, absence, recusal, or when required by the workload.

1. The Civil Court is the appellate jurisdiction and the court of appeal in civil matters.

2. It is the superior supervisory authority as well as the appellate and review authority within the meaning of the legislation on debt enforcement and bankruptcy.

1. The Civil Court has original jurisdiction over direct actions and disputes for which the CPC or other laws provide for a single cantonal jurisdiction.

2. It is the enforcement court for the judgments it renders.

1. The Civil Court is the appellate and revision instance in matters of arbitration.

2. It is competent to receive the arbitral award for deposit and to certify its enforceability.

1 The Court of Measures for the Protection of Children and Adults hears appeals against decisions made by the child and adult protection authority.

2. It is the appellate instance and the court of appeal in matters of juvenile criminal law.

[21] The Court for the Protection of Children and Adults has sole jurisdiction over cases concerning international child abduction.

[22]

1. The Criminal Appeals Authority is the body responsible for appeals against procedural acts and decisions not subject to appeal.

2. It adjudicates appeals filed against decisions made by judicial authorities concerning the enforcement of judgments.

1. The Criminal Court is the jurisdiction that adjudicates appeals lodged against criminal judgments rendered by the District Court and on requests for review.

2. It adjudicates appeals lodged against judgments rendered on civil claims.

[23] 1 The Public Law Court is competent to hear appeals and disputes based on public law that are not assigned to another authority.

2. It serves as the cantonal insurance tribunal within the meaning of federal legislation.

[24] The Arbitration Tribunal for Insurance is composed of

a) a member of the Court of Public Law, appointed by the latter, who presides over it;

b) two arbitrators, each proposed by one of the parties.

1. The Jurisdiction of the Public Prosecutor's Office Extends to the Canton.

1. The permanent location of the public prosecutor's office is the subject of a special law.

2. The public prosecutor's office may sit in any location within the cantonal territory.

[25] The Public Prosecutor's Office comprises a chief public prosecutor, a deputy chief public prosecutor, and prosecutors, totaling ten to fifteen positions.

1. The powers of the public prosecutor's office are governed by the Code of Criminal Procedure (CPP).

2. The public prosecutor's office exercises other powers that are conferred upon it by other laws.

3. The Attorney General defines the criminal policy of the canton.

The Attorney General and the prosecutors mutually replace each other in cases of impediment, absence, recusal, or when work requirements demand it.

[26] 1 Among the prosecutors, a Deputy Attorney General is appointed by the Judicial Council, which may also dismiss them.

2. The Deputy assists the Attorney General and replaces the Attorney General when necessary.

Members of the judiciary of the judicial order are the judges of the District Court and the Cantonal Court, the Attorney General and prosecutors, as well as extraordinary deputies.

1. The Office of the Judiciary Council shall designate, in urgent cases and for a limited duration, one or more extraordinary substitutes when a member of the judicial order and their substitutes are prevented, absent, or recused.

2. The Judiciary Council may also designate one or more extraordinary substitutes when the administration of justice requires it.

3. This designation shall be published in the Official Gazette.

4. Upon taking office, extraordinary substitutes shall take an oath before the Judiciary Council or its office.

During the hearing sessions of the debates of the Cantonal Court and the Criminal Court, the members of the judiciary wear robes.

[27] Judicial Personnel is Comprised of

b) Court clerks and administrative staff.

[28] 1 The administrative commission of the judicial authorities (hereinafter: the administrative commission) appoints the judicial personnel.

2. It may request information from the Public Prosecutor's Office regarding any ongoing proceedings against a candidate for court clerk-writer or assistant prosecutor.

[29] Upon the proposal of the Secretary-General and after consultation with the Council of State, the administrative commission determines the number of judicial personnel and establishes the classification for each position.

Judicial personnel are subject to the Public Service Status Act (LSt), dated June 28, 1995 [30], and its implementing regulations.

[31] 1 The administrative commission is competent to make decisions that the legislation concerning the public service status attributes to the Council of State, the department head, or the appointing authority.

2. The Secretary-General exercises the competencies that the legislation concerning the public service status attributes to the head of service. He may delegate this competency to the persons responsible for the registry of a judicial authority.

3. The decisions of the administrative commission and the Secretary-General or his delegates may be appealed to the Cantonal Court in accordance with the Administrative Procedure Act (APA), dated March 18, 2025 [32].

4. In exercising their competencies, the administrative commission and the Secretary-General, as well as their delegates, appropriately take into account the needs of the judicial authorities and the policy conducted by the Council of State for the personnel of the cantonal administration.

[34] 1 Upon assuming office, clerk-writers take the oath before the Judicial Council, while assistant prosecutors take the oath before the Grand Council.

1bis The oath formula is as follows

"I promise to strictly observe the Constitution and the laws and to faithfully and conscientiously fulfill the duties of my office."

2. When their name is called, each clerk-writer and each assistant prosecutor raises their hand and says

"I promise" or "I swear" or "I swear before God."

[35] 1. Clerks and assistant prosecutors participate in the investigation and adjudication of cases.

2. They prepare reports under the responsibility and direction of a member of the judicial magistracy and draft judgments and decisions in the cases assigned to them.

3. They are heard with a consultative voice when their draft gives rise to discussion.

4. They perform other tasks assigned to them by law and regulation.

1. The personnel necessary for the proper functioning of the judicial authorities consists of court clerks as well as administrative staff.

2. Their duties and responsibilities are set out in the regulations.

**[36] 1** Within the confines of this law, judicial authorities are autonomous in administrative and financial matters.

**2.** They are subject to the procedures applicable to State entities, particularly concerning financial matters, personnel, premises, and information technology. Within this framework, they confer with the Council of State and determine, after consulting the management commission of the Grand Council, the extent and conditions under which they utilize the central services of the administration.

**4. Repealed.**

**5. Repealed.**

Each court organizes itself to establish its divisions and determine the respective assignments of the judges.

[37] 1. The Attorney General oversees the public prosecution service.

2. The Attorney General establishes the regulations and directives necessary for the activities of the public prosecution service. In this context, they may create an advisory management body as well as sections competent in specific matters.

3. Furthermore, the Attorney General may

a) assign a particular case to a prosecutor or relieve them of it in favor of another;

b) give directives on the conduct of a particular procedure.

[38] 1 The prosecutors convene as a board to

a) propose their respective duties;

b) ensure the cohesion of the public prosecution and the consistency of its activities;

c) inform each other of their activities.

2. The board is led by the Attorney General.

The administrative commission is the governing, administrative, and representative body of the judicial authorities.

1. The administrative commission is composed of a judge from the Cantonal Court, who presides over it, a representative from the District Court, and a representative from the Public Prosecutor's Office.

2. Each member has a deputy.

3. The Cantonal Court and the District Court appoint their representative and their deputy.

4. The board of prosecutors appoints the representative of the Public Prosecutor's Office and their deputy.

The members of the administrative commission and their alternates cannot simultaneously be members or alternates of the Judicial Council.

1. The members of the administrative commission and their alternates are appointed for a term of two years.

2. Their mandate is renewable twice.

Members of the administrative commission are discharged from their ordinary judicial duties to a sufficient extent.

[39] 1 The administrative commission is notably competent to

a) organize the substitutions;

b) ensure document management;

c) inform the public about judicial and administrative activities of interest to them;

d) define, in collaboration with the Judicial Council and with the support of the secretary-general, the management tools for judicial authorities, notably those necessary for activity monitoring, inter-cantonal comparison, and statistics;

e) publish jurisprudence;

f) respond to federal and cantonal consultations;

g) enact the regulations necessary for the activities of the Cantonal Court and the District Court;

h) regulate the dress code of magistrates, judicial staff, and representatives at hearings.

2. It takes any other measure that falls under the law and is not attributed to another authority.

3. When it takes measures that directly concern the organization of the public prosecutor's office, the administrative commission seeks the opinion of the Attorney General.

1. The President of the Administrative Commission represents the judicial authorities with respect to other authorities and third parties.

2. He presides over the judicial conference.

The administrative commission prepares an annual report for the Grand Council on the activities of the judicial authorities.

[40] The rules applicable to administration in the field of financial management and budgetary procedure shall apply by analogy to judicial authorities and their administration, subject to the present law.

[41] 1 The judicial authorities have at their disposal, for their own needs and those of their administration, the financial resources allocated in their budget.

2. The cost centers of the judicial authorities constitute a chapter of the state budget and accounts.

[42] 1 The administrative commission prepares, within the framework of that of the State, the draft budget for the judicial authorities and their administration.

2. It presents, within the framework of those of the State, the accounts of the judicial authorities and their administration.

3. It collaborates closely with the department in charge of finance.

4. Repealed.

[43] 1. The draft budget and the accounts of the judicial authorities and their administration are incorporated without modification into the State's budget and accounts.

2. The Council of State expresses its opinion on the draft budget and the accounts in its report in support of the budget and accounts.

3. The president of the administrative commission, accompanied if necessary by the secretary general, defends the budget and presents the accounts of the judicial authorities and their administration before the Grand Council.

[44] 1 The Finance Committee of the Grand Council may propose amendments to the budget draft to the Grand Council.

2. The budget draft may only be subject to amendment proposals by the Council of State directed to the Finance Committee.

[45] 1 The administrative commission may authorize an overrun of credit up to an amount of 330,000 francs per concerned budgetary item. Any credit overruns are compensated as much as possible.

2. The total of uncompensated credit overruns may not exceed 330,000 francs per fiscal year. Beyond this limit, the administrative commission may only authorize an uncompensated credit overrun up to 55,000 francs per budgetary item, subject to the prior agreement of the Grand Council's finance committee.

3. Following prior consultation with the Grand Council's finance committee, the administrative commission may further authorize credit overruns for amounts exceeding 330,000 francs when they are fully compensated in accordance with State financial legislation.

4. The administrative commission shall immediately inform the Council of State of any authorized credit overrun.

5. The administrative commission shall explain to the Grand Council the reasons for the credit overrun at the same time as it presents the accounts of the judicial authorities and their administration.

[46] 1 If a budgetary credit proves to be insufficient and the administrative commission is not competent to authorize its exceeding, it shall submit a request for additional credit to the Grand Council.

2. The report supporting the request for additional credit is treated by the Grand Council and its bodies as a report from the Council of State, in accordance with the legislation regarding the organization of the Grand Council.

3. When the Grand Council votes for an additional credit for the needs of the judicial authorities or their administration, the Council of State provides the necessary sums to the judicial authorities or their administration upon the first request of the administrative commission.

[47] 1 The administrative commission may, even before the granting of credit, incur an urgent and unforeseeable expense that exceeds its financial authority with the prior consent of the finance commission of the Grand Council.

2. The administrative commission submits these expenses for the approval of the Grand Council during the first session following their commitment.

3. It outlines in a report the reasons for which it adopted this procedure.

[48] 1 The president of the administrative commission, accompanied if necessary by the secretary-general, may participate in the meetings of the management commission and the finance commission of the Grand Council when it deals with matters of justice.

2. He may speak and make proposals there.

1. The Secretary-General is appointed by the Administrative Commission.

2. He is subject to the Public Service Status Act (LSt) of June 28, 1995 [49] and its implementing regulations.

1. The Secretary General directs the administration of judicial authorities and implements the decisions of the administrative commission.

2. He carries out the provisional appointment of judicial personnel.

3. He leads the judicial personnel.

4. He manages the finances of the judicial authorities.

[50] The General Secretariat of the Judicial Authorities shall undertake the tasks of implementing international mutual assistance agreements in procedural matters ("Central Authority"), unless otherwise provided by cantonal legislation.

The Secretary General participates in the meetings of the administrative commission with advisory capacity.

[51] 1 Members of the judiciary from the judicial order, with the exception of extraordinary substitutes, shall convene in a judicial conference to

b) designate their representatives to the Judicial Council.

2. The judicial conference shall establish and organize itself, subject to Article 73, paragraph 2.

The State provides and arranges the necessary premises for the administration of justice, in collaboration with the administrative commission.

Every municipality is required to provide, if necessary and at its own expense, a courtroom and a location for auctions.

Pending cases at the time of the entry into force of this law before the former judicial authorities are assigned to the new judicial authorities according to their competencies, subject to the following provisions.

1. Pending cases before the Civil Courts of the Cantonal Court at the time of the entry into force of this law, in which the proceedings have been closed, are judged by the judge responsible for their instruction, deciding alone.

2. His or her judgments may be appealed before the new Civil Court.

1. The Previous Judicial Organization

The previous judicial organization remains in place to the extent necessary for the application of federal law.

[52] 1. Members of the judiciary in office at the time of the entry into force of this law retain the benefit of their election as judges and their remuneration.

2. Repealed.

The Presidents of the District Courts are attached to the Court of Instance.

Presidents of the Regional Conciliation Authority are attached to the District Court.

Examining judges are assigned to the public prosecutor's office.

The President of the Fiscal Court is assigned to the Cantonal Court.

[53] The assessors are attached to the District Court and perform the function of assessor for the child and adult protection authority.

[54] Until the relocation of the District Court and the Public Prosecutor's Office into the buildings allocated for them, the provisional administrative commission or the administrative commission may take any necessary measure to accommodate these authorities in the premises they occupy at the time this law comes into effect, in part of those premises, or in other premises.

2. When taking measures that directly concern the organization of the Public Prosecutor's Office, the administrative commission shall consult the Attorney General.

1. At the conclusion of the study process carried out by the Council of State and upon its proposal, the Grand Council determines the location of the premises allocated to the activities of the judicial authorities.

2. If necessary, the Grand Council shall amend this law accordingly.

The provisional administrative commission is composed of a judge from the Cantonal Court designated by the latter, a president of a district court designated by all the presidents of the district courts, as well as the Attorney General.

1. The provisional administrative commission takes office on February 1, 2010.

2. It remains in place until it is replaced by the administrative commission appointed in accordance with Article 68, but no later than March 31, 2011.

1. The provisional administrative commission has the mission to make all necessary decisions for the establishment of the new judicial authorities.

2. It is specifically entrusted with

a) providing the necessary support to the Judicial Council in organizing mobility and part-time work within the framework of the election of new members of the judiciary of the judicial order;

b) providing the necessary support to the Judicial Commission of the Grand Council in the context of the election of new members of the judiciary of the judicial order, ensuring that these elections take place no later than the Grand Council session of June 2010;

c) issuing temporary regulations related to the activities of the new courts;

d) convening judges of the new courts to form their sections and define their respective assignments;

e) organizing the transfer of case files;

f) assigning judicial personnel to the new judicial authorities and hiring additional judicial staff;

g) managing the use of premises;

h) developing the 2011 budget for judicial authorities;

i) preparing, for the administrative commission, proposals for analysis and management tools necessary for drafting the evaluation report on the new judicial organization.

1. New Positions for Members of the Judiciary in the Judicial Order are Open to Mobility and Part-Time Work.

2. At least two of the new positions for members of the judiciary in the judicial order must be filled by individuals working part-time.

The Attorney General convenes the new prosecutors to hear their proposals regarding their respective assignments.

The provisional administrative commission appoints the Secretary-General, who takes office as of October 1, 2010.

[56] Until the special law provided for in Article 8, paragraph 1, of the present law comes into effect, there shall remain two distinct courts of first instance, one for the electoral regions of Littoral and Val-de-Travers, and the other for the electoral regions of Montagnes and Val-de-Ruz, as defined in Article 44a of the Political Rights Act (LDP), dated October 17, 1984 [57].

[58] 1 The Littoral and Val-de-Travers Regional Court is seated in Neuchâtel. It comprises two locations, one in Neuchâtel and the other in Boudry, and is equipped with at least twelve judge positions.

2. The Montagnes and Val-de-Ruz Regional Court is seated in La Chaux-de-Fonds. It is equipped with at least eight judge positions.

3. In case of necessity, the administrative commission of the judicial authorities may, after consulting the Council of State, create or modify locations within each of these jurisdictions. In case of disagreement between the two authorities, the judicial commission of the Grand Council decides.

[59] 1. An action submitted to one of the locations of a jurisdiction may be transferred ex officio and without explanation to another location.

2. The parties shall file their documents with the initially seized location until they receive notice of the transfer of the case.

3. Misaddressed documents are transferred within the same jurisdiction, but the parties are responsible for any inconveniences caused by their oversight.

[60] 1 Each regional court ensures that the workload is distributed fairly among all its locations.

2. In case of necessity or upon the proposal of the Judicial Council, the administrative commission of the judicial authorities may issue directives on this matter.

[61] 1. For the remainder, the provisions laid out for the District Court apply to the regional courts.

2. The judges of the regional courts form a single college for the appointment of their representative to the administrative commission of judicial authorities.

Upon the proposal of the administrative commission, the Council of State enacts the necessary regulatory provisions for the functioning of the courts.

[62] The Council of State is competent to conclude any collaboration agreement with the Confederation and other cantons for the digitization of justice.

The following legislative acts are repealed

a) Neuchâtel Judicial Organization Law (OJN), of June 27, 1979 [63];

b) Law on the Appointment and Jurisdiction of Labor Courts (LJPH), of May 23, 1951 [64];

c) Law Revising the Law on the Appointment and Jurisdiction of Labor Courts, of December 21, 1959 [65];

d) Law concerning the Tariff of Court Fees, of March 8, 1926 [66].

1. The Administrative Commission of Judicial Authorities shall submit an evaluation report to the Grand Council concerning the new judicial organization, its operation, and its staffing of magistrates and judicial personnel.

2. To this end, and in collaboration with the Council of the Judiciary, the Administrative Commission shall establish the necessary analytical tools from the entry into force of the present law.

3. The report shall contain conclusions and, where appropriate, proposals.

Entry into force: January 1, 2011 [67].

Law enacted by the Council of State on May 21, 2010.