Rules of Procedure of the Cantonal Court (GRK) - Presiding Office of the Cantonal Court (GRK)

1. The presiding office of the cantonal court takes on the tasks in accordance with Art. 4 para. 3 of the Court Organization Act (GOG).

2. The management constitutes approximately 10% of a full-time position.

3. The presiding office of the cantonal court is particularly responsible for

a. the competent and effective administration of justice;

b. the establishment and operation of an appropriate organization;

c. the efficient use of personnel and financial and material resources;

d. representing the cantonal court externally;

e. reporting to the supervisory authority;

f. the budget;

g. the employment of court clerks and the staff of the secretariat;

h. personnel management;

i. the accreditation of media representatives;

k. co-reports and consultations, insofar as the presidency conference is not responsible.

4. It appropriately considers the concerns of the other présidencies of the cantonal court in doing so.

1. The Vice Presidency represents the Presidencies of the Cantonal Courts when they are recused or otherwise unable to perform their duties.

1. The Presidencies of the Cantonal Courts perform the tasks assigned to them by law and ordinance, in particular pursuant to Articles 34, 35 paragraph 4, 48, 49, 57a, 74a, 75, and 80 of the Cantonal Judicial Organization Act (GOG).

1. The Conference of Cantonal Court Presidencies coordinates the jurisprudence of the Cantonal Court.

2. The Cantonal Court Presidencies report legal questions identified as requiring coordination to the Presidents' Conference.

3. The Presidents' Conference is responsible for

a. Instructions to court clerks and the staff of the secretariat;

b. The uniform design of judgments (citation style, abbreviations, and the like);

c. The creation of the on-call duty schedule for the Cantonal Court Presidencies and court clerks;

d. The allocation of court clerks to the individual Cantonal Court Presidencies;

e. The consultation on draft legislation;

f. The determination of the workload of the individual Cantonal Court Presidencies within the staffing percentage framework specified by the Cantonal Council, subject to the approval of the Higher Court (Art. 4 para. 5 GOG);

g. Amendments to these rules of procedure, subject to the approval of the Higher Court.

4. The Presidents' Conference decides by majority vote, unless otherwise specified in these regulations. In the event of a tie, the presiding Cantonal Court Presidency has the casting vote.

1. The allocation of workloads among the individual cantonal court presidencies shall be determined by mutual agreement. In the event of disagreement, the presiding cantonal court presidency shall decide, subject to the approval of the higher court.

2. The workload of the presiding cantonal court presidency is 90%, and the workloads of the Cantonal Court Presidencies II and III are each 80%.

3. Changes in the allocation of workloads are possible at the beginning of each term of office. Intended changes must be reported to the Presidents' Conference in a timely manner.

1. The Cantonal Court performs the tasks assigned to it by law and regulation, particularly pursuant to Articles 35 paragraphs 1, 2, and 3, Article 50, and Article 58 of the GOG.

2. The Cantonal Court sits in a panel of three under the leadership of a presiding judge of the Cantonal Court.

3. The members of the Cantonal Court are summoned to the sessions by the secretariat according to the instructions of the presidencies of the Cantonal Court, generally in a regular rotation (in alphabetical order).

4. In forming the adjudicatory body, the following criteria and circumstances, in addition to mandatory legal provisions, particularly recusal rules, are to be considered

a. Availability and workload balance of the members of the Cantonal Court;

b. Participation of both genders in cases where it appears warranted by the nature of the matter, particularly in divorces and criminal offenses against sexual integrity;

c. Specific expertise.

1. Cantonal Court Presidencies are authorized, in special cases, to refer the matter to the Cantonal Court (Art. 4 para. 1 GOG).

2. In principle, such cases can be referred to the Cantonal Court in all proceedings for which the Cantonal Court Presidency is responsible.

3. The parties have no entitlement to have a case referred to the Cantonal Court. The decision to refer a case to the Cantonal Court lies at the discretion of the Cantonal Court Presidency.

4. A referral to the court may be particularly appropriate when delicate evidentiary issues must be decided (especially in criminal law), when criminal offenses against sexual integrity are to be judged, where both genders should be represented in the adjudicating body, in cases where the members of the Cantonal Court have particular expertise, and in other cases of particular legal or factual difficulty, or when important fundamental questions are to be clarified.

1. Each Cantonal Court Presidency is provided with court clerks.

2. They perform the following duties

a. They participate in the instruction of cases;

b. They prepare presentations under the responsibility of a Cantonal Court Presidency;

c. They record the minutes at hearings, interrogations, and deliberations;

d. They draft the judgments, decisions, orders, and rulings;

e. They substitute for one another and assist each other;

f. They perform on-call duty according to the on-call duty schedule;

g. They fulfill other tasks for the Cantonal Court Presidency.

3. Compensation for on-call duty is governed by Article 10 of the Implementing Provisions regarding Expense Compensation and Allowances in Public Service.

1. Court clerks have a consultative voice and may submit motions.

1. The provisions regarding court clerks apply mutatis mutandis to legal interns. The duty on call is excepted.

1. The Secretariat of the Cantonal Court has the following tasks in particular

a. General secretarial duties for all cantonal court presidencies and court clerks;

b. Correspondence;

c. Filing of dossiers;

d. Preparation of simple decisions;

e. Drafting of reports and decisions;

f. Reception and telephone service;

g. Court treasury;

h. Organization of court dates;

i. Archiving.

1. The presiding body of the Cantonal Court may appoint a head of the secretariat.

2. The head of the secretariat is particularly responsible for

a. the independent management and organization of the Cantonal Court's secretariat, in collaboration with other secretaries;

b. the timely and professionally accurate completion of secretarial tasks, including controlling;

c. maintaining an overview of all ongoing and periodic tasks and their coordination; allocation of new tasks; organizing substitutes and coordinating the vacation schedule where necessary;

d. acting as a liaison and point of contact between the secretariat and the cantonal court presidencies, as well as with clerks, in matters concerning the secretariat.

1. The administrative Cantonal Court presidency allocates cases to the three Cantonal Court presidencies primarily according to Articles 14 to 16. This is based on the assumption of equal workloads for each of the Cantonal Court presidencies, excluding administrative duties.

2. It ensures that the caseload is evenly distributed among the three Cantonal Court presidencies.

3. The allocation of cases is determined by the scope of duties and the order of case submissions (the principle of randomness applies to cases divided between two Cantonal Court presidencies). Furthermore, the workload of the Cantonal Court presidencies and any other relevant criteria, such as prior involvement or recusal rules, must be appropriately considered.

4. The administrative Cantonal Court presidency also assigns cases not listed within the scope of duties evenly to the Cantonal Court presidencies.

5. The administrative Cantonal Court presidency maintains statistics showing the caseload of each Cantonal Court presidency.

6. The Cantonal Court presidencies regularly discuss the caseload and pending matters. If necessary, adjustments in the allocation of cases must be made.

7. The Cantonal Court presidencies are obligated to assist each other in case of overload. In the event of a conflict, the administrative Cantonal Court presidency shall make the decision.

1. The Jurisdiction of the Cantonal Court Presidency I encompasses

a. Ordinary civil proceedings pursuant to Art. 219 et seq. of the Swiss Code of Civil Procedure (CPC; half of the cases);

b. Divorces pursuant to Art. 111 of the Swiss Civil Code (CC);

c. Divorces pursuant to Art. 112, 114, and 115 CC (half of the cases);

d. Cases of nullity of marriage and separation actions pursuant to Art. 294 CPC;

e. Measures for the protection of the marital union pursuant to Art. 271 CPC (half of the cases);

f. Provisional measures during divorce proceedings pursuant to Art. 276 CPC (half of the cases);

g. * Summary proceedings pursuant to Art. 248 to Art. 270 CPC (excluding proceedings explicitly assigned to another presidency), in particular

1. Matters of the Civil Code pursuant to Art. 249 CPC,

2. Matters of the Code of Obligations pursuant to Art. 250 CPC,

3. Legal protection in clear cases (Art. 257 CPC),

4. Court injunction (Art. 258 et seq. CPC),

5. Provisional measures pursuant to Art. 261 et seq. CPC within its jurisdiction,

6. Protective letter (Art. 270 CPC);

h. Proceedings concerning registered partnerships pursuant to Art. 305 and 307 CPC;

i. Enforcement proceedings pursuant to Art. 335 et seq. CPC and Art. 80 GOG;

k. Support of the arbitration tribunal (Art. 356 para. 2 CPC);

l. Juvenile court criminal cases (Art. 58 GOG);

m. Requests for mutual legal assistance and deliveries pursuant to Art. 34 letter g and Art. 35 para. 4 letter h GOG;

n. Decisions on legal aid and official defense in the relevant cases.

1. The Jurisdiction of the Cantonal Court Presidency II includes

a. Criminal cases (Art. 49 and 50 GOG);

b. Decisions in summary proceedings in debt enforcement and bankruptcy matters according to Art. 251 ZPO and 75 GOG

1. Legal authorizations,

2. Bankruptcy,

3. Sequestration,

4. Composition proceedings,

5. Approval of the subsequent objection (Art. 77 para. 3 of the Federal Act on Debt Enforcement and Bankruptcy [SchKG]) and the objection in summary debt enforcement (Art. 181 SchKG),

6. Annulment or suspension of debt enforcement (Art. 85 SchKG),

7. Existence of new assets (Art. 265a SchKG),

8. Ordering of the separation of property (Art. 68b SchKG);

c. * Supervision of executors and estate administrators (Art. 34 letter h GOG);

d. * Decisions regarding public inventories (Art. 89 Introductory Act to the Swiss Civil Code);

e. * Ordering the official liquidation of an estate according to Art. 595 ZGB (Art. 90 Introductory Act to the Swiss Civil Code);

f. * Initiation of the bankruptcy official liquidation of a renounced inheritance (Art. 193 para. 2 SchKG);

g. * Decisions according to the implementing provisions to the Lugano Convention and to the Federal Act on Private International Law;

h. * Decisions according to Art. 1 to 3 of the implementing provisions to the Federal Act on Banks and Savings Banks;

i. * Simplified procedure according to Art. 243 ZPO, in particular

1. * Pecuniary disputes up to a contested amount of CHF 30,000 (Art. 243 para. 1 ZPO),

2. * Disputes under the Gender Equality Act (Art. 243 para. 2 letter a ZPO),

3. * Disputes to enforce the right to information under the Federal Act on Data Protection (Art. 243 para. 2 letter d ZPO),

4. * Disputes under the Participation Act (Art. 243 para. 2 letter e ZPO),

5. * Disputes from supplementary insurance to social health insurance under the Federal Act on Health Insurance (Art. 243 para. 2 letter f ZPO);

k. * Employment law disputes with a contested amount of over CHF 30,000;

l. * Decisions on precautionary measures, legal aid, and official defense in cases under its jurisdiction.

1. The Jurisdiction of the Cantonal Court Presidency III includes

a. Coercive measures in adult criminal proceedings (Art. 48 GOG);

b. Coercive measures in juvenile criminal proceedings (Art. 57a GOG);

c. Coercive measures in immigration law (Art. 10 et seq. Enforcement Ordinance on Immigration Law);

d. * Protective custody (Art. 74a GOG);

e. Ordinary civil procedure according to Art. 219 et seq. CCP (half of the cases);

f. Divorces according to Art. 112, 114, and 115 CC (half of the cases);

g. Measures for the protection of the marital union according to Art. 271 CCP (half of the cases);

h. Provisional measures during divorce proceedings according to Art. 276 CCP (half of the cases);

i. Decisions regarding child-related matters according to Art. 295 et seq., 302, and 303 CCP as well as according to Art. 1 para. 1 of the Implementing Provisions on Child and Adoption Law;

k. Decisions according to Art. 7 and 9 of the Domestic Violence Protection Act and Art. 243 para. 2 lit. b CCP;

l. All disputes arising from rental and lease agreements;

m. Decisions on provisional measures, legal aid, and official defense in the cases within its jurisdiction.

1. Each cantonal court presidency acts as a deputy for the other cantonal court presidencies.

1. Each Presidency of the Cantonal Court serves on call as a Coercive Measures Judge. A duty roster is established.

1. The Procedural Presidency of the Cantonal Court

a. summons to the sessions of the Cantonal Court,

b. provides the members of the Cantonal Court with the files in a timely manner,

c. decides whether a report shall be prepared; if a report is prepared, it is delivered to the members of the Cantonal Court along with the files,

d. notifies the parties with the summons of the composition in which the Cantonal Court will convene.

1. The presiding judge of the cantonal court identifies the questions to be decided and presents them for deliberation and voting.

2. Each member of the court is obligated to cast a vote.

3. The court clerks may exercise their advisory and proposing vote after the initial opinion formation of the court members.

1. Judgments and decisions of the Cantonal Court and the Cantonal Court Presidencies are signed by the presiding Cantonal Court Presidency and, where prescribed by law, by the court clerk.

2. Orders of dismissal are signed solely by the Cantonal Court Presidency.

3. In case of absence, another Cantonal Court Presidency and another court clerk shall sign.

4. Summonses are signed by the Cantonal Court Presidency. Other procedural directives against which no legal remedy is provided can be signed by the court clerk on behalf of the Cantonal Court Presidency.

1. If the Presidency of the Cantonal Court III is unable to commence its position on January 1, 2011, the Presidencies of the Cantonal Courts I and II shall each assume half of its duties until the position is filled. In this case, the workload of the Presidencies of the Cantonal Courts I and II shall continue to be 100% as before.

1. This procedural regulation shall come into force on January 1, 2011, subject to approval by the Higher Court.