1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 162 Judicial Authorities - TITLE ONE - The Cantonal Court

1. The Cantonal Court is the highest judicial authority of the State.

2. It sits in plenary court or in panels.

1. The members of the Cantonal Court take precedence according to the date of their entry into office at the Cantonal Court.

2. If they took office on the same day, precedence belongs to the one who was elected to the judiciary first.

1. The Plenary Court constitutes, at the beginning of each judicial period or when circumstances so justify, the chambers of the Cantonal Court. Whenever possible, seniority in various roles and personal preferences are taken into account.

2. It makes final decisions on requests for access to official documents concerning the activities of the Cantonal Court (Art. 32, para. 1 Freedom of Information Act).

3. It exercises all other powers assigned to it by law or which do not fall within the jurisdiction of one of its chambers.

1 The Plenary Court

a) appoints the President of the Cantonal Court for a term of two years, and its Vice-President, taking into account their seniority at the Cantonal Court.

b) appoints its representative and their deputy to the administrative commission of the judicial authorities.

c) appoints an administrative commission, a commission to manage its library, a buildings and equipment commission, a database/website commission, and the appointed person responsible for the training of interns. It may create other commissions as needed.

d) advises, for the attention of the Magistracy Council, on magistrates' leave requests (art. 41 LMSA) and submits extraordinary substitution requests to the office of the latter (art. 55 OJN).

e) examines jurisprudential matters that divide the Chambers of the Cantonal Court.

2. It may delegate part of its powers to its members or other individuals.

1. The appointment of the members of the Cantonal Court to their various functions is conducted by a two-round majority vote. The first round requires an absolute majority, calculated based on all present members of the Court, while the second round requires a relative majority. In the event of a tie, the president proceeds with a random draw.

2. At the request of any member of the Plenary Court, the appointment is conducted by secret ballot.

Art. 5bis

1. In the absence of a candidate for a position listed in Article 4, paragraph 1, letter b, the Plenary Court appoints a member of the Cantonal Court to this position, taking into account their seniority within the Cantonal Court and ensuring rotation of judges assigned to the Public Law Court and judges assigned to other courts of the Cantonal Court.

2. A member of the Cantonal Court who has already presided over the administrative commission of the judicial authorities, the Magistrature Council, or who would be subject to retirement as per Article 7a LMSA [1] before the end of the term, may refuse their appointment.

1. The Plenary Court convenes regularly upon the summons of the president or at the request of one of its members.

2. The sessions of the Plenary Court are not public.

Recusal of Members of the Plenary Court is Governed by the Administrative Procedure Act (APA) of March 18, 2025 [2].

1. The Plenary Court holds valid sessions if the majority of its members are present.

2. It makes its decisions by a majority of its members present.

3. Each member present has one vote.

4. Abstention is permissible except in the case referred to in Article 3, paragraph 2.

5. The president votes. In the event of a tie, the president's vote counts as double; however, if it concerns an appointment, the decision is made by lot (Art. 5).

6. The president may resort to another voting procedure, notably by email, if circumstances justify it or if it was agreed upon in a previous session.

A decision that has not yet produced its effects may be revoked by majority.

1. A minute of the Plenary Court indicates the matters addressed and the decisions made.

2. The decisions notified by the Plenary Court are signed by the president and the registrar.

In case of inability to perform duties, the president shall be replaced by the vice-president, or failing that, by another judge, following the rank held at the Cantonal Court.

The President of the Cantonal Court has the following duties in particular

a) he prepares and leads the sessions of the Plenary Court;

b) he ensures the prompt liquidation of the affairs of the Plenary Court;

c) he receives correspondence, has it registered by the registry, and communicates it as needed at the first session following its receipt;

d) he prepares and submits for the approval of the Plenary Court, every six months, a report on the courts;

e) he takes the necessary measures to

- reach other judges if necessary;

f) he exercises general supervision over the registry in collaboration with the Secretary-General.

1 In case of emergency, the president may

a) order provisional measures;

b) make a decision in place of the plenary Court, if the latter is unable to do so.

2. The president informs the plenary Court of the measures or decisions taken in its place at the first session following his intervention.

3. The plenary Court may revoke the president's decisions.

1. The Cantonal Court is composed of the following divisions

a) the Civil Court (CCIV);

b) the Court of Child and Adult Protection Measures (CMPEA);

c) the Authority for Criminal Matters Appeals (ARMP);

d) the Criminal Court (CPEN);

e) the Public Law Court (CDP).

2. The responsibilities of the courts are defined in Articles 40 to 48 of the OJN and in the following chapters.

1. The courts rule on matters of organization and operation.

2. They make their decisions by a majority of their members.

3. Each member present has one vote.

4. The court sessions are not public.

1. In judicial matters, the courts decide with three judges, unless otherwise provided by law.

2. Otherwise, the courts organize themselves insofar as the law or the present regulation do not provide otherwise.

1. Judges assigned to various courts act as substitutes for one another.

2. In case of need, the president of the court calls upon them or, failing that, upon the other substitutes provided by law.

**Each president of the court has the following duties in particular:**

a) they appoint for each case an investigating judge or a judge who leads the proceedings, ensuring a balanced distribution of workload among the members of the court;

b) they summon the court to deliberate when required by law, when they deem it necessary, or at the request of one of its members;

c) they establish the schedule of public sessions three weeks in advance and communicate it to the members of the court;

d) they lead the deliberations;

e) they organize the exchange of written submissions preceding the assignment of cases to an investigating judge and take necessary measures during this interim;

f) they render decisions within their competence as provided by law.

**1. Conclusion of the Investigation**

1. At the conclusion of the investigation, when the case is ready to be judged, the judge or the clerk-drafter prepares a draft judgment, which is circulated along with the case file among the members of the court.

2. When the draft gains the approval of all court members, it is approved. In case of disagreement with the decision or the reasoning, the matter results in a deliberation session. The clerk-drafter has an advisory vote. The judgment is adopted by a majority of the court members.

3. The instructing judge drafts the decision with the reasoning of the majority; if the judge is in the minority and requests it, the president undertakes the drafting or entrusts it to one of the majority representatives.

4. The specific provisions of procedural codes are reserved.

1 When the law provides for public hearings, the courts convene as needed.

2. The courts sit with a clerk who records the minutes.

Decisions of the court are signed by the president of the court, or by a member of the court, as well as by the registrar of the cantonal court or one of their deputies, or the hearing clerk when provided by law, or the legal clerk.

When it involves deciding an important question or principle that may affect the jurisprudence of another court, the court that is ruling engages in an exchange of views with the interested court.

Each court submits to the BDJ/RJN commission the decisions to be published in the RJN, to be introduced into the legal database, or on the judiciary's internet pages.

1 The Civil Court (CCIV) functions as the sole cantonal instance (Art. 5 and 8 CPC).

2. It also comprises the following subdivisions

a) the Court of Appeal (CACIV);

b) the Civil Recourse Authority (ARMC);

c) the Higher Supervisory Authority in Matters of Debt Collection and Bankruptcy (ASSLP);

d) the Chamber of Arbitral Affairs (CHAR, Art. 356 CPC).

3. Each subdivision has a president and otherwise organizes itself.

1. The Criminal Appeal Authority consists of a president and vice-presidents.

2. The president or a vice-president assumes the direction of the proceedings, as defined in the Code of Criminal Procedure.

3. The drafting of decisions is entrusted to one of the judges according to the allocation method defined by the Authority. A clerk-drafter may be tasked with this duty under the responsibility of the designated judge.

1. The Criminal Court includes a president and vice-presidents.

2. The president or a vice-president conducts the proceedings, in accordance with the Code of Criminal Procedure.

3. The drafting of decisions is entrusted to one of the judges, according to the method of distribution defined by the Court. In the case of oral proceedings, the judge assigned to draft the judgment conducts the hearings.

4. If the participation of a clerk-drafter in the drafting of the judgment is provided, the clerk attends any debates.

1. The Public Law Court convenes upon the summons of the president or at the request of one of its members.

2. The court

a) conducts exchanges of views in accordance with Article 7, paragraph 2 LPA;

b) rules on the recusal of its members (Article 12 LPA);

c) appoints the president of the Arbitration Tribunals established by federal legislation in social insurance matters.

3. The president or the instructing judge makes decisions that do not fall within the jurisdiction of the court (or the president) and those that terminate the proceedings without a decision on the merits.

1. Clerks and drafting clerks perform the tasks provided for by law (Art. 61 OJN).

2. With the express consent of the judge in charge of the case or the court president, they may undertake investigatory acts required by the case entrusted to them.

3. In criminal matters, they may conduct any hearings on delegation from the criminal authority to which they are attached (Art. 25 LI-CPP and 142, para. 1 CPP).

4. In the Public Law Court, clerks and drafting clerks take turns assisting the president in the performance of their duties.

1. The registry ensures the secretariat of the Cantonal Court and the preservation of its archives.

2. It is notably responsible for the registration of cases, the service of documents, the keeping of files and minutes, the drafting of official documents, the collection of fees due to the State, and the preservation of archives, in compliance with the judge's instructions.

3. It keeps up to date, in particular

a) the list of members of the Cantonal Court, with their distribution across the different divisions;

b) the list of trainee lawyers.

The clerk has the following duties in particular

a) they manage and oversee the registry and its archives;

b) they receive all communications addressed to the Cantonal Court;

c) they handle the accounting and cash management of the registry;

d) they maintain the library;

e) they act as the liaison with the Secretary General for the preparation of the budget and accounts related to the Cantonal Court;

f) they maintain the statistics of the Cantonal Court.

Regulation of the Cantonal Court, dated December 10, 2007 [3], remains applicable in matters within its jurisdiction as referred to in Article 85 of the OJN.

This regulation shall enter into force on June 1, 2017. It will be published in the Official Gazette and inserted into the Systematic Compendium of Neuchâtel Legislation.