251.1 EG-ZPOLI-CPC

CH-NE

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter One Generalities (EG-ZPO)

27 Articles / Provisions · Switzerland · Canton of Neuchâtel

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Table of Provisions (27)

Art. premier Introductory Law to the Code of Civil Procedure (IL-CCP) of January 27, 2010 - Scope Art. 2 Law on the Introduction of the Code of Civil Procedure (LI-CPC), dated January 27, 2010 - Organization of Courts and Conciliation Authorities (Art. 3 CPC) Art. 3 Introduction to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Jurisdiction by Subject Matter and Function (Art. 4 CPC) Art. 4 Introduction Act to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Court of First Instance Art. 5 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 Art. 6 Introduction Act to the Code of Civil Procedure (IA-CCP), of January 27, 2010 Art. 7 Law on the Introduction of the Code of Civil Procedure (LI-CPC), of January 27, 2010 Art. 8 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Judicial Personnel Art. 9 Act on the Introduction of the Code of Civil Procedure (AI-CCP), of January 27, 2010 Art. 10 Law on the Introduction of the Code of Civil Procedure (LI-CPC), January 27, 2010 - Principle of Publicity (Art. 54 CPC) Art. 11 Introduction to the Civil Procedure Code Law (LI-CPC), dated 27 January 2010 Art. 12-23 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 Art. 24 Introduction Law to the Code of Civil Procedure (LI-CCP), dated January 27, 2010 Art. 25 Introductory Law to the Code of Civil Procedure (IL-CCP), of January 27, 2010 - Minutes (art. 176 and 193 CCP) Art. 26 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Conditions for Appointment Art. 27 Ordinance on the Introduction of the Code of Civil Procedure (OICPC), dated January 27, 2010 - Term of Office Art. 28 Act of Introduction to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Swearing-in Art. 29 Introductory Law of the Code of Civil Procedure (IL-CCP), dated January 27, 2010 - Composition of the Conciliation Chamber Art. 30 Introduction Law to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Compensation Art. 31 Introductory Law to the Code of Civil Procedure (LI-CPC), January 27, 2010 Art. 32 Introductory Law to the Code of Civil Procedure (IL-CCP), of January 27, 2010 Art. 33 Act on the Introduction of the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Appointment Art. 34 Act on the Introduction of the Code of Civil Procedure (LI-CPC), dated January 27, 2010 - Appointment Art. 35 Introduction to the Code of Civil Procedure Act (IC-CCP), of January 27, 2010 Art. 36 Act on the Introduction of the Code of Civil Procedure (ICCPR), of January 27, 2010 - Obligation to Act, Refrain, or Tolerate Art. 37 Law on the Introduction of the Code of Civil Procedure (LI-CPC), of January 27, 2010 Art. 38 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010

Statutory Text (27 Articles)

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter One Generalities

Art. premier Introductory Law to the Code of Civil Procedure (IL-CCP) of January 27, 2010 - Scope Open official source

This Act contains the necessary provisions for the enforcement of the Code of Civil Procedure (CPC), dated December 19, 2008.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter One Generalities

Art. 2 Law on the Introduction of the Code of Civil Procedure (LI-CPC), dated January 27, 2010 - Organization of Courts and Conciliation Authorities (Art. 3 CPC) Open official source

**The Organization of Courts and Conciliation Authorities**

The organization of the courts and conciliation authorities is governed by the Neuchâtel Judicial Organization Act (OJN), dated January 27, 2010 [2].

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 2 Jurisdiction by Subject Matter and Function

Art. 3 Introduction to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Jurisdiction by Subject Matter and Function (Art. 4 CPC) Open official source

The material and functional competencies of civil judicial authorities are governed by the Civil Procedure Code.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 3 Recusal (Art. 47 to 51 CPC)

Art. 4 Introduction Act to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Court of First Instance Open official source

1. The party seeking the recusal of a judge submits the request to the relevant section of the District Court.

2. If the judge acknowledges the merits of the request, he or she will recuse themselves.

3. If the judge in question disputes the request, it is referred to another member of the same court, who decides on the matter and, if necessary, appoints a replacement.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 3 Recusal (Art. 47 to 51 CPC)

Art. 5 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 Open official source

1. The administrative commission of the judicial authorities constitutes a court of three members to rule on the request for recusal of an entire section of the District Court.

2. If this court grants the request, it appoints or constitutes the judicial authority to replace the recused section.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 3 Recusal (Art. 47 to 51 CPC)

Art. 6 Introduction Act to the Code of Civil Procedure (IA-CCP), of January 27, 2010 - Cantonal Court Open official source

1. The party seeking the disqualification of a judge shall submit the request to the relevant court of the Cantonal Tribunal.

2. If the judge acknowledges the validity of the request, they shall recuse themselves.

3. If the judge in question disputes the request, it shall be decided by the court, which, if necessary, appoints a replacement.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 3 Recusal (Art. 47 to 51 CPC)

Art. 7 Law on the Introduction of the Code of Civil Procedure (LI-CPC), of January 27, 2010 Open official source

1. The administrative commission of the judicial authorities constitutes a court of three members from the Cantonal Court to rule on the request for recusal concerning the Civil Court as a whole or the Child and Adult Protection Court as a whole.

2. If this court grants the request, it designates the judicial authority that will replace the recused court.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 3 Recusal (Art. 47 to 51 CPC)

Art. 8 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Judicial Personnel Open official source

1. The party seeking the recusal of a member of the judicial staff shall submit the request to the judge responsible for conciliation or for hearing the case.

2. If the judicial staff member acknowledges the validity of the request, they shall recuse themselves.

3. If the judicial staff member disputes the request, the judge responsible for conciliation or for hearing the case shall rule on the matter and, if necessary, appoint a replacement.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 3 Recusal (Art. 47 to 51 CPC)

Art. 9 Act on the Introduction of the Code of Civil Procedure (AI-CCP), of January 27, 2010 - Representatives Sitting in the Conciliation Chamber Open official source

1. The party seeking the disqualification of a representative sitting in the Conciliation Chamber submits the request to the presiding judge.

2. If the representative acknowledges the validity of the request, they recuse themselves.

3. If the representative contests the request, the presiding judge of the Conciliation Chamber decides and, if applicable, appoints a substitute.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 4 Principles of Procedure

Art. 10 Law on the Introduction of the Code of Civil Procedure (LI-CPC), January 27, 2010 - Principle of Publicity (Art. 54 CPC) Open official source

Deliberations of judgments are not public.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 5 Costs

Art. 11 Introduction to the Civil Procedure Code Law (LI-CPC), dated 27 January 2010 - Costs (Art. 96 CPC) Open official source

[4] The Grand Council sets the schedule of court fees and costs by law [5], upon the proposal of the Council of State.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 6 Legal Aid

Art. 12-23 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 Open official source

[6]

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 7 Language of the Procedure

Art. 24 Introduction Law to the Code of Civil Procedure (LI-CCP), dated January 27, 2010 - Language of the Procedure (Art. 129 CCP) Open official source

**Article:** The Procedure Before the Courts is Conducted in the French Language.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 8 Report

Art. 25 Introductory Law to the Code of Civil Procedure (IL-CCP), of January 27, 2010 - Minutes (art. 176 and 193 CCP) Open official source

1. The statements of witnesses and parties are recorded on an appropriate technical medium.

2. The content of the minutes is adjusted accordingly.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (Art. 200 CPC) - Section One: General Provisions

Art. 26 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Conditions for Appointment Open official source

1 Persons eligible for appointment as representatives serving on the Chamber of Conciliation are those

c) who have been domiciled in the canton for at least one year.

2. They are considered to have resigned if they no longer meet the conditions for appointment.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (Art. 200 CPC) - Section One: General Provisions

Art. 27 Ordinance on the Introduction of the Code of Civil Procedure (OICPC), dated January 27, 2010 - Term of Office Open official source

Representatives are appointed for the term of office of the judicial authorities.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (Art. 200 CPC) - Section One: General Provisions

Art. 28 Act of Introduction to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Swearing-in Open official source

1 Upon taking office, the representatives swear the following oath before the Judicial Council

"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 representative raises their hand and says

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

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (Art. 200 CPC) - Section One: General Provisions

Art. 29 Introductory Law of the Code of Civil Procedure (IL-CCP), dated January 27, 2010 - Composition of the Conciliation Chamber Open official source

The judge appoints the two representatives called to sit with them in the Conciliation Chamber based on the nature of the dispute.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (Art. 200 CPC) - Section One: General Provisions

Art. 30 Introduction Law to the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Compensation Open official source

The Council of State determines the compensation for representatives according to the principles applicable to the remuneration of members of administrative commissions.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting at the Conciliation Chamber (Art. 200 CPC) - Section 2: Provisions Specific to Employer and Employee Representatives in Labor Law Matters

Art. 31 Introductory Law to the Code of Civil Procedure (LI-CPC), January 27, 2010 - Appointment Open official source

[7] 1 At the beginning of each term of office of the judicial authorities, the Council of State appoints the representatives of the employees and employers, upon nomination by representative organizations of employers and employees.

2. It determines their number and ensures a fair representation of the various sectors of the economy.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting at the Conciliation Chamber (Art. 200 CPC) - Section 2: Provisions Specific to Employer and Employee Representatives in Labor Law Matters

Art. 32 Introductory Law to the Code of Civil Procedure (IL-CCP), of January 27, 2010 - Loss of Status as Employer or Employee Open official source

Representatives who cease to be employers or employees are deemed to have resigned.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting on the Conciliation Chamber (Art. 200 CPC) - Section 3: Specific Provisions for Representatives of Landlords and Tenants

Art. 33 Act on the Introduction of the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Appointment Open official source

1. At the beginning of each term of office of the judicial authorities, the Council of State appoints the representatives of landlords and tenants, upon the proposal of the relevant associations or professional groups.

2. It determines the number and ensures fair representation of the different regions of the canton.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (art. 200 CPC) - Section 4: Provisions Specific to Representatives of Employers and Employees in the Private and Public Sectors Regarding Equality

Art. 34 Act on the Introduction of the Code of Civil Procedure (LI-CPC), dated January 27, 2010 - Appointment Open official source

1. At the beginning of each term of office for judicial authorities, the Council of State appoints, upon the proposal of representative organizations of employers and employees from both the private and public sectors

d) six representatives of public sector employees.

2. Each representation is composed of an equal number of women and men.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 9 Representatives Sitting in the Conciliation Chamber (art. 200 CPC) - Section 4: Provisions Specific to Representatives of Employers and Employees in the Private and Public Sectors Regarding Equality

Art. 35 Introduction to the Code of Civil Procedure Act (IC-CCP), of January 27, 2010 - Loss of Employer or Employee Status Open official source

Representatives who cease to be employers or employees are deemed to have resigned.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 10 Enforcement of Decisions (Art. 343 CPC)

Art. 36 Act on the Introduction of the Code of Civil Procedure (ICCPR), of January 27, 2010 - Obligation to Act, Refrain, or Tolerate Open official source

1. The person responsible for the execution may request the assistance of the Neuchâtel police.

2. The request is addressed in writing to the commander of the Neuchâtel police. It specifically indicates the nature of the judgment to be executed, the person against whom execution is required, and the location where it is to be performed, as well as the circumstances that necessitate the assistance of the public force.

3. The commander of the Neuchâtel police informs the Council of State of the requests received.

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 10 Enforcement of Decisions (Art. 343 CPC) Final Provision

Art. 37 Law on the Introduction of the Code of Civil Procedure (LI-CPC), of January 27, 2010 Open official source

The modalities of execution are determined, under the authority of the court, by the person responsible for the execution, in collaboration with the Neuchâtel police and, if applicable, the relevant cantonal services as well as the competent municipal authority.

Chapter 11

2 Private Law - Civil Procedure - Enforcement - 25 Civil Procedure - 251 General Provisions - Chapter 10 Enforcement of Decisions (Art. 343 CPC) Final Provision

Art. 38 Law Introducing the Code of Civil Procedure (LI-CPC), of January 27, 2010 - Repeal of Existing Law Open official source

The following legislative acts are repealed

a) Neuchâtel Code of Civil Procedure (CPCN), dated September 30, 1991 [8];

b) Law on the Introduction of the Federal Act on Merger, Demerger, Transformation, and Transfer of Assets (LILFus), dated March 28, 2006 [9];

c) Arbitration Act (LIA), dated October 5, 1970 [10];

d) Decree concerning adhesion to the concordat eliminating the obligation to provide security for legal costs, dated November 19, 1903;

e) Decree concerning adhesion to the concordat on mutual legal assistance in civil matters, dated December 8, 1975 [11];

f) Law concerning adhesion to the Intercantonal Concordat on the Execution of Civil Judgments, dated October 20, 1980 [12];

g) Decree concerning adhesion to the intercantonal concordat on mutual legal assistance for the enforcement of public law claims, dated October 13, 1975 [13].

Effective date: January 1, 2011 [14].

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