Act on Costs in Proceedings before Courts and Judicial Authorities (Court Costs Act, PKoG) (Prozesskostengesetz, PKoG) - Subject (PKoG)

1. This Act governs the official costs and party compensations in proceedings before the cantonal courts, the conciliation authority, and the prosecution authorities, as well as the party compensation in internal administrative appeals proceedings.

2. Provisions of federal law remain reserved, particularly the fee schedule pursuant to the Federal Act on Debt Collection and Bankruptcy, as well as specific provisions of cantonal law.

1. The fees shall be determined within the prescribed framework and are based on the personal and economic significance of the matter for the party, the complexity of the matter, the scope of the procedural actions, and the time required for the completion of the proceedings.

2. The costs for summonses, telecommunications, the preparation and delivery of decisions, as well as for the certificate of finality, are included in the fees.

1. In particularly extensive or difficult cases, the fee may be reasonably increased.

2. If the procedure before the conciliation authority or a judicial instance involves an inspection, a surcharge of CHF 50 to CHF 1,000 will be charged.

1. If it is an exceptionally simple case or if the circumstances otherwise justify it, the fee may be appropriately reduced without adhering to the established framework or, in exceptional cases, the fee may be waived entirely.

2. If a dispute is resolved without a substantive decision, the fee shall be no more than three-quarters of the standard fee.

3. For decisions issued without a written justification pursuant to Art. 239 para. 1 of the Swiss Code of Civil Procedure, Art. 82 para. 1 of the Swiss Code of Criminal Procedure, or Art. 56 para. 2 of the Administrative Procedure Act, the fee shall be reduced at discretion, but by at least 20 percent. The dispositive shall set both the standard fee and the reduced fee. If a party requests the full written decision, they must pay the difference between the standard fee and the reduced fee. In summary proceedings, the reduction of the fee may be waived.

1. The value of the matter in dispute is calculated according to Articles 91-94 of the Code of Civil Procedure.

2. In appellate proceedings, in legal disputes involving pecuniary interests, the remaining disputed amount is considered the value of the matter in dispute.

1. In proceedings with a monetary value in dispute, the flat fees of the conciliation authority are as follows

1. Up to CHF 5,000: CHF 100 to CHF 300

2. Over CHF 5,000 up to CHF 30,000: CHF 200 to CHF 500

3. Over CHF 30,000: CHF 300 to CHF 700

2. In proceedings where the value in dispute cannot be determined, or in non-pecuniary disputes, the flat fee is CHF 100 to CHF 500.

3. If the conciliation authority decides the dispute or submits a judgment proposal to the parties, it may increase the fee by up to half.

1. In proceedings with a disputed amount, the court fees of the Cantonal Court are

1. up to CHF 5,000: CHF 200 to CHF 1,500

2. over CHF 5,000 to CHF 10,000: CHF 600 to CHF 2,400

3. over CHF 10,000 to CHF 30,000: CHF 1,000 to CHF 3,200

4. over CHF 30,000 to CHF 60,000: CHF 1,500 to CHF 4,000

5. over CHF 60,000 to CHF 150,000: CHF 2,500 to CHF 6,000

6. over CHF 150,000 to CHF 300,000: CHF 3,000 to CHF 9,000

7. over CHF 300,000: 2 to 3.5 percent of the disputed amount.

2. In proceedings without a determinable disputed amount or in non-economic disputes, the court fee is CHF 300 to CHF 10,000.

3. The court fees are

1. in cases concerning divorce, separation, and dissolution of a registered partnership, CHF 800 to CHF 4,000; for asserting claims under matrimonial property over CHF 60,000, the rates according to paragraph 1 apply;

2. in cases concerning modification of decisions regarding divorce, separation, and dissolution of a registered partnership, CHF 400 to CHF 3,500;

3. in paternity contestation, paternity, maintenance, and relative support cases, regardless of asserted claims, CHF 400 to CHF 3,500;

4. in marriage protection proceedings, CHF 400 to CHF 3,500;

5. in other family law disputes and other disputes concerning registered partnerships, CHF 400 to CHF 2,000.

4. For notice of recourse, simple notifications, safekeeping of a protective letter, management of deposits, administrative assistance to arbitration courts and similar matters, the fee is CHF 50 to CHF 500.

5. For the ordering of enforcement measures, the fee is CHF 100 to CHF 1,000.

1. Decision Fee of the Higher Court

1. follows Article 7 as the sole instance;

2. follows the tariff applicable in proceedings before the Cantonal Court as the first instance, in its capacity as an appellate instance; it is reduced by one-third but amounts to at least CHF 500.-;

3. as a complaint instance, amounts to CHF 300.- to CHF 4,000.-.

2. In arbitration proceedings, the decision fee of the Higher Court amounts to CHF 300.- to CHF 4,000.-.

1. The Fees of the Public Prosecutor's Office are as follows

1. for proceedings without investigative actions: CHF 100 to CHF 1,000

2. for proceedings with investigative actions: CHF 200 to CHF 10,000

3. for independent confiscation proceedings: CHF 100 to CHF 4,000

1. The Decision Fee in Proceedings before the Cantonal Court is

1. as a Compulsory Measures Court: CHF 100 to CHF 1,500

2. as a Single Judge: CHF 300 to CHF 7,000

3. as a Collegial Court: CHF 500 to CHF 10,000

1. The Decision Fee in Proceedings before the Superior Court is

1. As an Appellate Instance: CHF 300 to CHF 6,000

2. As a Complaints Instance: CHF 200 to CHF 3,000

1. The fee for the public prosecutor in juvenile criminal law is CHF 50 to CHF 3,500.

2. The decision fee before the cantonal court acting as a juvenile court (single judge and panel) as well as before the higher court is CHF 100 to CHF 1,500.

1. For the acceptance of a peace surety, the fee amounts to CHF 100 to CHF 1,000.

2. For decisions following the rendering of judgment, the fee amounts to CHF 50 to CHF 1,200.

1. If civil claims are adjudicated by a criminal authority together with the criminal penalty, an additional fee of 40 percent pursuant to Art. 7 may be charged in addition to the standard fees for the criminal proceedings.

1. Third parties not involved in the proceedings, who are granted access to files or provided with information related to the criminal proceedings, are required to pay a fee ranging from CHF 20 to CHF 200.

2. Authorities and official bodies entitled to access the files, as well as parties involved in the proceedings, are not required to pay any fee.

3. The following fees are charged for copies

1. For copying of files by office staff

a) Up to 20 photocopies, CHF 1.30 per page;

b) For each additional photocopy, CHF 0.50;

2. For copying extensive files by parties to the proceedings using the criminal authority's copying equipment

a) For each black-and-white photocopy, CHF 0.10;

b) For each color photocopy, CHF 0.20;

3. For more than 500 photocopies, a flat rate may be determined.

1. In proceedings before the administrative court as a single judge, the fee ranges from CHF 100 to CHF 1,000.

1. For the appellate procedure before the administrative court, the fee ranges from CHF 100 to CHF 7,000.

1. The proceedings before the insurance court are free of charge, unless federal law provides otherwise.

2. In cases of reckless or frivolous behavior, the erring party may be charged the official costs; the fee ranges, considering the court's time expenditure, from CHF 150 to CHF 1,500.

1. Article 7 shall apply mutatis mutandis for the calculation of fees in administrative court proceedings.

1. In proceedings before the Constitutional Court, the fee amounts to CHF 100 to CHF 5,000.

1. For the execution of requests for legal assistance, a fee ranging from CHF 50 to CHF 1,000 is charged, unless federal legal provisions, international treaties, or concordats stipulate an exemption from fees.

1. The competent authority shall levy a fee ranging from CHF 100 to CHF 2,000 in proceedings as a supervisory authority.

1. Insofar as this law does not provide for a fee for individual proceedings, the court shall set a fee ranging from CHF 200 to CHF 3,000, taking into account the importance and complexity of the case as well as the work expended.

1. Witnesses are entitled to a witness fee for each appearance. In addition, compensation is provided for loss of earnings and travel expenses incurred due to the duty to testify.

2. The witness fee amounts to CHF 30 per hour, but at least CHF 30.

3. Compensation for loss of earnings may not exceed CHF 200 per half day.

4. When using public transportation, the actual travel expenses (2nd class) are reimbursed, and when using one's own vehicle, a mileage allowance is provided in accordance with Article 36 of the Compensation Act. A special allowance may be set for extraordinary expenses.

1. Experts are compensated according to effort.

2. The basis depends on the necessary expertise and the complexity of the assignment.

3. Compensation is determined based on the submitted invoice, which is reviewed for its appropriateness.

1. Compensation for Translators shall be determined at discretion based on the time spent and the difficulty of the assignment.

1. Compensation for representing the child is determined at discretion based on the time spent and the complexity of the assignment.

1. Third parties who are obligated to participate are entitled to reasonable compensation.

1. The actual additional expenses of the instances will be invoiced.

1. Compensation for a party that is not professionally represented includes an appropriate inconvenience compensation, particularly for the work effort and the necessary appearance before an instance, as well as reimbursement for necessary expenses.

1. Attorneys' fees include the fee (regular fee and surcharges), necessary expenses, and value-added tax.

2. They are calculated against the liable opposing party according to the provisions of this law.

1. The fee compensates the attorney for the tasks directly related to the professional representation or assistance of the parties in legal proceedings, namely for instruction, study of the case files, clarification of legal questions, settlement negotiations, drafting of standard legal documents, and participation in court hearings.

2. No fee shall be awarded if the attorney is in an employment relationship with the party.

3. When an attorney acts on their own behalf, there is a right to claim a maximum of three-quarters of the fee that could be claimed as party representation for their own efforts.

1. Determinative for the determination of the fee within the minimum and maximum rates provided for in this law are the significance of the matter for the party in personal and economic terms, the difficulty of the matter, the scope and nature of the work, as well as the time expenditure.

1. If there is a disproportion between the work effort and the prescribed framework, the fee shall be determined based on the actual time spent.

2. The fee amounts to between CHF 220 and CHF 250 per hour.

1. If the efforts of the attorney are not significant in relation to the value in dispute, the fee shall be reasonably reduced.

1. If a party asserts claims that are obviously overstated, the attorney's fees for her or his lawyer shall be determined based on the amount that could have been claimed in good faith.

1. Upon termination of the proceedings without a substantive decision, particularly in cases of settlement, dismissal, acknowledgment of the claim, or withdrawal of the claim, 30 to 100 percent of the fee will be charged depending on the stage of the proceedings.

2. The same applies in the event of the revocation or resignation of the mandate before the conclusion of the proceedings.

1. The attorney fees for free legal representation in civil or administrative legal proceedings are determined by the adjudicating instance and initially paid by the canton.

2. The hourly fee amounts to CHF 220.-.

1. The legal fees of the official defense in criminal proceedings are determined by the adjudicating instance and are initially paid by the canton.

2. The fee amounts to CHF 220 per hour.

1. The canton guarantees the remuneration for the first assignment to the lawyer from the first hour.

2. The fee amounts to CHF 220 per hour. For assignments outside office hours, on public holidays, or on weekends, the fee may be reasonably increased; the administrative commission of the High Court may issue corresponding directives.

1. The attorney submits the claimed attorney fees to the authority.

2. In oral proceedings, the invoice for costs must be disclosed during the final hearing; in written proceedings, the chairperson of the adjudicating authority must request the attorney to submit the invoice for costs after the exchange of pleadings or after any evidentiary proceedings are concluded.

3. If the attorney fails to submit the invoice for costs, the reimbursement of costs to the opposing party is determined at the court's discretion.

4. A judicial determination of the invoice for costs against one's own party is made in cases of legal aid and official defense.

1. In civil proceedings before the first or only instance, the regular fee for a dispute amount is as follows

1. up to CHF 2,000: CHF 200 to CHF 1,300

2. over CHF 2,000 up to CHF 5,000: CHF 800 to CHF 2,600

3. over CHF 5,000 up to CHF 10,000: CHF 1,300 to CHF 4,000

4. over CHF 10,000 up to CHF 40,000: CHF 2,000 to CHF 8,000

5. over CHF 40,000 up to CHF 100,000: CHF 4,000 to CHF 13,000

6. over CHF 100,000 up to CHF 200,000: CHF 6,500 to CHF 21,000

7. over CHF 200,000 up to CHF 500,000: CHF 10,000 to CHF 40,000

8. over CHF 500,000 up to CHF 1,500,000: CHF 15,000 to CHF 60,000

9. over CHF 1,500,000: 2 to 4 percent of the dispute amount.

2. In non-monetary disputes, the regular fee is CHF 300 to CHF 10,000.

3. In proceedings regarding annulment of marriage, divorce, legal separation, and dissolution of a registered partnership, the regular fee, even when financial ancillary claims are made, is CHF 1,500 to CHF 8,000; if claims concerning matrimonial property exceeding CHF 60,000 are made, the higher rates from paragraph 1 are to be applied.

4. In proceedings regarding modifications of divorce and separation judgments, as well as judgments on the dissolution of a registered partnership, the regular fee, even when financial ancillary claims are made, is CHF 1,000 to CHF 6,000.

5. In proceedings contesting paternity, maintenance, and family support, the regular fee, even when financial ancillary claims are made, is CHF 1,000 to CHF 6,000.

6. In disputes regarding tenancy and lease law, if it concerns contesting termination, extension, or abusive contract alteration, the fee amounts to 30 to 70 percent of the regular fee.

1. In appellate proceedings, the regular fee amounts to 20 to 60 percent of the permissible fee for the first instance proceedings, calculated based on the remaining disputed amount, but at least CHF 500.-.

1. In appellate proceedings before the Superior Court, the standard fee ranges from CHF 400 to CHF 4,000. For a dispute value exceeding CHF 40,000, the higher rates apply according to Article 42, paragraph 1.

1. In criminal cases, the standard fees are

1. in the preliminary proceedings: based on time expenditure

2. in proceedings before a single judge: CHF 800 to CHF 8,000

3. in proceedings before a collegiate court: CHF 1,000 to CHF 10,000

4. in proceedings before the appellate court: CHF 600 to CHF 6,000

5. in proceedings before the complaint authority: CHF 500 to CHF 3,000

1. In the administrative internal appeal proceedings, the ordinary fee is between CHF 400 and CHF 6,000.

1. In proceedings before the Administrative Court as a single judge, the standard fee amounts to CHF 400 to CHF 2,000.

2. In appeal proceedings before the Administrative Court as a collegial court, the standard fee amounts to CHF 400 to CHF 6,000.

3. In proceedings before the Administrative Court as an insurance court, the standard fee amounts to CHF 400 to CHF 6,000.

4. In lawsuits before the Administrative Court, the standard fee is calculated according to Art. 42.

1. In proceedings before the Constitutional Court, the standard fee amounts to CHF 400 to CHF 4,000.

1. In all other proceedings, particularly in appellate review proceedings, the fee ranges from CHF 400 to CHF 4,000. For a disputed amount exceeding CHF 40,000, the rates set forth in Article 42, paragraph 1, apply.

1. The standard fee is increased in all proceedings, with the exception of criminal proceedings, as follows

1. by 10 to 25 percent if more than two hearings are necessary, particularly for provisional evidence taking, inspection, witness hearing, instruction hearing, conciliation hearing pursuant to Art. 291 of the Civil Procedure Code, final pleadings;

2. by 10 to 15 percent for additional legal submissions, written statements, and preparation of extensive witness questions;

3. by 10 to 25 percent if third parties participate in the process through notices of dispute and interventions;

4. by 10 to 30 percent if there is a large volume of foreign-language documents to process, if foreign law is largely applicable, or if the collection or compilation of documents and evidence or particularly complex factual or legal circumstances require extraordinary time expenditure.

2. The standard fee is not increased if the extensions are evidently unnecessary.

3. For extraordinary efforts in the preparation of proceedings, such as travel for the inspection of the subject matter of the dispute, a surcharge of CHF 150 to CHF 700 may be added to the standard fee for half a day.

1. In criminal cases, the standard fee shall be reasonably increased in proceedings of extraordinary scope or involving a multitude of offenses or multiple defendants.

2. If the criminal judgment simultaneously resolves the civil claim, the attorney is entitled, in addition to the standard fee, to 10 to 40 percent of the fee set forth in Article 42.

1. The attorney is entitled to reimbursement of cash expenses.

2. Travel expenses are to be compensated to the extent that the travel is necessary and the choice of transportation is appropriate.

3. When using a private vehicle, the attorney is entitled to a mileage allowance in accordance with Article 36 of the Compensation Act.

1. Copies of documents used for litigation, instruction, document submission, and document review, for which the attorney does not receive a duplicate from the court or the opposing party, are to be reimbursed at the rate of CHF 1.30 per page.

1. The attorney is entitled to reimbursement of the value-added tax to be paid on fees and expenses.

1. This law is applicable to all proceedings pending at the time of its coming into force.

2. Insofar as Articles 404 et seq. of the Code of Civil Procedure (ZPO) and 448 et seq. of the Code of Criminal Procedure (StPO) continue to be applicable to the proceedings, the prior cantonal procedural law shall remain in effect.

1. The Regulation of January 8, 1977, on the Costs in Proceedings before the Courts (Procedural Costs Regulation) is repealed.

1. This law is subject to the optional referendum.

2. The government council shall determine the date of commencement.