1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 164 Legal Fees - Title One - General Provisions (GEBG)

[9] The fees, chancery emoluments, and costs in civil, criminal, and administrative matters of appeal and actions in administrative law are established in accordance with this law.

All amounts collected by the authorities pursuant to this law must be accounted for and paid into the State Treasury, in accordance with the guidelines developed by the department in charge of finance.

Fees, chancellery expenses, and costs are determined by the authority in charge of the case.

Advanced costs incurred during the procedure are accounted for and recorded on a list of expenses attached to the file.

1 In civil matters, chancellery fees and dues are collected by the registry.

2. In criminal matters, they are collected by the justice department.

3. In administrative matters, they are collected

a) for decisions rendered by the Public Law Court, by the registry;

b) for decisions rendered by other cantonal authorities, by the service designated by the State Council.

1 When the present tariff allows for discretion by the authority, the latter shall set the fees based on its involvement, the significance of the case, and its complexity.

2. The authority shall consider, notably, whether it had to provide written reasoning for its decision or not.

1. In the event of withdrawal, abandonment, withdrawal of the appeal, default judgment, settlement, inadmissibility, and generally when the case does not conclude with a judgment or decision on the merits, the costs may be accordingly reduced.

2. Exceptionally, costs may be waived.

1. Costs may be waived, in whole or in part, when fairness or appropriateness requires it.

2. The waiver is within the jurisdiction of the authority handling the case.

3. If the authority is no longer in charge, the waiver falls under the jurisdiction of the relevant department.

In matters of registry fees and charges, the legal avenues are those that govern the substantive procedure.

[10] 1 The flat-rate conciliation fee is set according to the following scale

- if the disputed value is

1bis If the matter is of a non-pecuniary nature, the flat-rate decision fee is set between 300 and 2,500 francs.

2. If the matter required little work, the fees may be reduced to 300 francs. In principle, fees are not reduced if the conciliation is successful.

3. This fee covers all operations carried out by the Conciliation Chamber, including, if applicable, the holding of additional hearings (Art. 203 para. 4 CPC), the proposal for judgment (Art. 210 CPC), and the decision on the merits (Art. 212 CPC). The costs for evidence administration are reserved.

[11] 1 In cases subject to ordinary or simplified procedure, the flat-rate decision fee is set according to the following scale

- if the disputed value is

The fee is rounded down to the nearest ten.

2. Exceptions arising from the following provisions are reserved.

2bis If the matter is non-pecuniary in nature, the flat-rate decision fee is set between 500 and 50,000 francs.

3. The authority may deviate from this scale when the effort required does not justify the fee calculated according to paragraphs 1 and 2bis.

1. In cases subject to summary procedure, except for those under voluntary jurisdiction, the flat fee for a decision is set between 250 and 12,000 francs.

2. In asset-related cases, the flat fee is determined according to the following scale

- if the disputed value is

- up to

- from

- from

- from

- from

- from

The fee is rounded down to the nearest ten.

3. The authority may deviate from this scale when its application does not justify the fee calculated according to paragraph 2.

In revision proceedings (Art. 328 et seq. CPC), the flat-rate decision fee is set between 250 and 12,000 francs in the event of inadmissibility or rejection of the request for revision.

In proceedings for interpretation or rectification (Art. 334 of the Civil Procedure Code), the flat-rate fee for a decision is set between 250 and 6,500 francs.

1. For divorce procedures and dissolution of registered partnerships, the fee is determined based on the income and assets of the parties.

2. For procedures regarding the modification of a divorce judgment, only the situation of the requesting party is considered for the calculation of the advance on costs. At the end of the case, the fees are determined according to Article 16, paragraphs 1 and 4, and Article 17.

3. The fee for provisional measures and protective measures for the marital union is calculated according to Article 13, paragraph 1.

4. The income and assets are the net income and assets determined for the rate retained by the last assessment in force for the cantonal direct tax, to which are added the resources that the parties receive from third parties for their maintenance.

5. The judge takes into account variations in the net income and assets that have occurred since then.

1. The fee is set at 2.5% to 4% of the income and 2.5‰ to 4‰ of the parties' assets, but not less than 600 francs.

2. In the event of a counterclaim, the fee is increased by half; the additional amount is advanced by the party making the counterclaim.

In the event of a divorce by joint petition with full agreement, as well as in the case of dissolution of a registered partnership by joint petition with full agreement, the fee is 1.3% of the income and 1.3‰ of the assets of the parties, with a minimum of 400 francs and a maximum of 2,000 francs.

[12] 1 Cases handled by the Child and Adult Protection Authority are subject to a fee ranging from 120 to 12,000 francs for each operation, hearing, or decision.

2. The flat-rate fee is set according to the following tariff

a) establishment of a protection measure in favor of an adult (guardianship): 1.2‰ on the portion of the individual's assets exceeding 20,000 francs, with a minimum of 120 and a maximum of 1,200 francs;

b) examination and approval of reports and accounts prepared by guardians: 1.2 to 3.5‰ on the portion of the individual's assets exceeding 20,000 francs, with a minimum of 120 and a maximum of 2,500 francs;

c) consent to one of the acts referred to in Article 416, paragraph 1, numbers 3 to 8 of the Civil Code: a fee similar to letter b, calculated based on the economic benefit the act represents for the individual concerned; for consent regarding other acts, a fee of up to 1,200 francs may be charged if circumstances justify it.

3. The authority may apply the same principles when protection measures including asset management are established in favor of a child.

4. The receipt of the declaration of joint parental authority is subject to a fee in the amount determined by the ordinance on civil status fees (OEEC), dated October 27, 1999 [13].

1 In proceedings concerning child maintenance (Art. 276 et seq. CC) or alimentary debt (Art. 328 et seq. CC) or their enforcement, the flat fee is set according to the following tariff

c) contentious proceedings: from 250 to 2,500 francs.

For contentious proceedings concerning the determination of personal relationships, custody, de facto guardianship, and parental authority, a fixed fee ranging from 200 to 2,500 francs is due. The authority determines on a case-by-case basis whether it is necessary to request an advance for procedural costs; failure to pay any such advance does not necessarily result in the dismissal of the proceedings.

When the circumstances justify it, the costs of a protective measure instituted in favor of a child may be charged to either parent.

1. The cases handled by the Court for the Protection Measures of Children and Adults are subject to a fee ranging from 120 to 12,000 francs for each procedure, hearing, or decision.

1. The administration costs of evidence correspond to the actual expenses incurred.

2. If these costs do not exceed 200 francs, they may be replaced by a fixed amount.

**1. The third party called upon to testify or to collaborate in the administration of evidence receives, as fair compensation:**

a) an amount of twenty francs per hour spent on this activity;

b) compensation corresponding to the actual transportation costs, provided that this compensation does not exceed the cost of a second-class round-trip ticket for the use of public transportation services from the station nearest to their residence or place of work to the location where the authority is seated.

**2. If the compensation does not cover the loss of earnings resulting from the third party's involvement, if they are held for more than one day, or if their participation incurs special extraordinary expenses, the compensation due under the preceding paragraph may be increased by taking into account the particulars of the case.**

The remuneration of the expert is determined based on the significance and difficulty of the work, upon the prior proposal of the expert.

When a hearing is entrusted to a third party, the remuneration is determined based on the significance and difficulty of the mandate, upon their prior proposal.

When an investigation is entrusted to a third party, the remuneration is determined based on the significance and difficulty of the mandate, upon their prior proposal.

The remuneration of translators and interpreters, as well as that of the guardian of the child or their representative, is determined based on the significance and difficulty of the work, upon prior proposal by them.

The fee for procedural acts performed within the framework of mutual legal assistance between Swiss courts (Art. 196 CPC) is set between 250 and 12,000 francs.

1. The fee for filing an arbitral award is 500 francs.

2. The fee for certifying the enforceability of an arbitral award is 250 francs.

a) public censure

b) legalization by the judge

c) for the deposit of money, securities, or other valuables, per year

d) for any other measure intended to ensure the devolution of an inheritance (notably the transcript of an oral will, affixing or lifting of seals, inventory, official administration or official liquidation, appointment of a representative of the hereditary community), per decision or measure

e) for the official liquidation of an estate, based on the estate's assets

f) for any other action taken or decision made by a judge in a non-contentious procedure

1 For public auctions, a fee is due of

b) 4‰ of this value if it concerns real estate.

2. The fee is calculated

a) on the sale price, when the item is awarded to the highest bidder;

b) on the highest bid in other cases, even if the item is subsequently withdrawn by the exhibitor.

3. The fee is at least 250 francs per hour of session, with fractions of hours counting as a full hour.

4. When the Civil Court authorizes the auction sale of personal property by a person other than the clerk, a decision fee is due ranging from 130 to 1,300 francs, depending on the importance of the sale.

The fee owed for proceedings conducted before the Cantonal Court is determined according to the same rules as those applicable before the District Court.

1. Disbursements correspond to the actual expenses incurred.

2. In simple cases, postal and telephone charges may be included in the fee.

The cases handled by the public prosecution give rise to the collection of the following fees

a) for the conciliation procedure: from 100 to 1,300 francs;

b) for the investigation procedure, the penal order procedure, and other procedures: from 200 to 20,000 francs;

c) for the penal order procedure without investigation: from 100 to 20,000 francs;

d) if the penal order is issued pursuant to the Federal Act on Administrative Fines dated May 18, 2016, or pursuant to the directive of the Attorney General, the fee may be reduced to 50 francs.

The cases handled by the Juvenile Criminal Court result in the following fees being charged

a) for the investigation of the case and judgment by the juvenile judge: from 100 to 1,300 francs;

b) for the procedure before the Juvenile Court: from 200 to 2,500 francs.

Cases handled by the Police Court are subject to a fee ranging from 200 to 13,000 francs.

Cases heard by the Criminal Court result in the collection of a fee ranging from 1,000 to 20,000 francs.

Cases heard by the Compulsory Measures Court result in the collection of a fee ranging from 200 to 2,500 francs.

Appeals and complaints handled by the Court for the Protection of Children and Adults are subject to fees ranging from 200 to 2,500 francs.

Appeals handled by the Criminal Appeals Authority are subject to a fee ranging from 200 to 4,000 francs.

The cases handled by the Criminal Court give rise to the following fee

b) for requests for revision: from 300 to 2,500 francs.

The provisions of this law concerning the administration costs of evidence and translation fees in civil proceedings are applicable in criminal proceedings.

When an authority divests itself of a case without concluding the matter by its decision, it prepares and signs a schedule of fees in which it records, among other things, the fee it proposes for the phase of the procedure during which it took action. The judicial authority competent to determine the fees is obliged to set a fee for each phase of the procedure, drawing inspiration from the proposals of the authorities that acted before it.

1. Before the Cantonal Court, the Council of State, and other authorities, the decision fee shall not exceed 8,000 francs.

2. It may be increased up to 20,000 francs in disputes of a pecuniary nature.

The provisions of this law concerning the administration costs of evidence and translation costs in civil procedure are applicable in administrative procedure.

1. When granted, a request for interpretation of a decision is free of charge.

2. When rejected, the present tariff applies.

**Article 47** applies by analogy to the revision or reconsideration of a decision rendered upon appeal.

The provisions of this law applicable to civil procedure are applicable to administrative law actions.

1. Shipping, dispatch, and telephone charges are calculated at a flat rate of 10% of the set fee.

2. Other disbursements are accounted for based on actual expenses.

1. For any notice, certificate, copy, excerpt, or dispatch, executed or drafted after the conclusion of a procedure, a fee of 25 francs is payable per typed page.

2. For any photocopy, a fee of 1 franc is payable.

For any research leading to the delivery of a document, conducted outside of a trial by a member of the judicial staff, a chancery fee of 100 francs per hour is due.

1. For a visa or a legalization, a fee of 25 francs is charged per document presented or signature legalized.

2. The fee includes disbursements.

Article 115 CPC is applicable in cases of recklessness or bad faith.

1. Fees are proportionate to the value in dispute.

2. They are determined within the limits provided by the present tariff, based on the time necessary for the case, its nature, importance, difficulty, the outcome obtained, as well as the responsibility incurred by the representative.

[14] 1 The fees, excluding value-added tax (VAT), are determined according to the following schedule

- if the amount in dispute is

- up to

- from

- from

- from

- from

- from

- from

- from

- above

2. Subject to contrary provisions, if the matter is non-pecuniary in nature, they are set, pursuant to Article 58, paragraph 2, at a maximum of 60,000 francs, excluding value-added tax (VAT).

1. For family law cases as defined in Titles III to XII of the Civil Code, the fees are set at a maximum of 15,000 francs, excluding value-added tax (VAT).

2. However, if significant financial interests are at stake, the competent authority assesses them, and the fees are then set in accordance with Article 58.

1. In cases that have required particular effort, especially when gathering or coordinating evidence has been long and difficult, when the dossier has become considerably extensive, when the factual or legal questions have been particularly complicated, when the representative assists multiple parties, or when the client is opposed by multiple parties, the adjudicating authority may grant fees exceeding those provided for by the present tariff.

2. When there is a clear disproportion between the disputed amount and the parties' interest in the trial, or between the compensation due according to the present tariff and the actual work of the representative, the adjudicating authority may lower the fees below the minimum provided by the present tariff.

3. In cases of withdrawal, discontinuance, withdrawal of the appeal, default judgment, settlement, inadmissibility, and generally when the case does not conclude with a judgment or a decision on the merits, the fees may be consequently reduced.

1. Actual travel expenses of the representative are reimbursed.

2. In the case of using a motor vehicle, the expenses are calculated according to the mileage allowance set by the Council of State.

Shipping, copying, and telephone expenses are calculated based on actual costs or on a flat-rate basis at 10% of the fees.

1. Prior to the decision of the authority seized, the party claiming costs shall submit a statement of fees and expenses.

2. In the absence thereof, the authority seized shall determine the costs based on the file.

"This Act does not apply to the compensation that the representative may request from their client."

When the complaining party asserts civil claims, the provisions of this law relating to costs in civil matters are applicable.

The provisions of this law regarding costs in civil matters are applicable, subject to the following provisions.

If the compensation for costs is not imposed on the party who appealed, the fees are set at a maximum of 10,000 francs.

**This Act Shall Apply to All Pending Cases Before Authorities Upon Its Coming Into Force**

This law shall apply to all pending cases before the authorities upon its coming into force.

The decree setting the tariff of fees, chancery emoluments, and costs in civil, criminal, and administrative matters (TFrais), dated November 6, 2012 [15], is repealed.

This law is subject to an optional referendum.

1. This law shall enter into force on January 1, 2020.

2. The Council of State shall, if necessary, provide for its promulgation and execution.

Law promulgated by the Council of State on December 18, 2019.