Act fixing the tariff of fees and costs before judicial or administrative authorities (LTar) - Scope of Application (GTAR)

1. This law regulates the tariff of costs and compensations before judicial and administrative authorities in civil, criminal, and administrative matters.

2. The definition of costs and party compensations, the bearing of costs, distribution, deferral, and waiver, cost advances, security deposits, cost decisions, and legal remedies are principally regulated as follows

a) in civil matters in the Swiss Code of Civil Procedure;

b) in matters concerning child and adult protection in the Swiss Civil Code;

c) in federal criminal matters and in cantonal criminal matters in the Swiss Code of Criminal Procedure;

d) in administrative matters in the following Articles 3 to 6 and in the Administrative Procedure Act and the Administrative Justice Act.

3. Subject to reservation are

a) the provisions of special legislation;

b) any procedural agreement deviating from this law, provided that the parties may not deviate from the provisions concerning expenses and fees.

1. In this law, any designation of a person, status, or function applies equally to both men and women.

1. "Costs" refers to the authority's expenses (section 2) and court fees (section 3).

2. The authority's expenses include the fees of experts, interpreters, and translators, compensation for travel and presence, as well as other necessary expenditures in the pending proceedings.

3. The court fee (hereinafter: fee) is a charge in return for the intervention of the authority handling the case, which also globally covers office costs and other similar expenses.

1. **Party Compensation**

Party compensation includes the indemnity to the entitled party (Sec. 2) and the costs of legal counsel (Sec. 3). It generally covers the necessary costs incurred due to litigation. The decision that sets the party compensation does not affect the internal relationship between the legal counsel and the client.

2. The compensation granted to a party includes the reimbursement of its expenses and, if justified by special circumstances, a compensation for loss of time and lost profits.

3. The costs of legal counsel include the fee, which is calculated according to Articles 27 and following of this Act, and other expenses.

1. The decision of the authority regarding the amount of costs, fees, or the scope and fate of party compensation shall be determined in the operative part of each decision and judgment. If justified by circumstances, the authority may defer its decision on compensation until the conclusion of the proceedings.

2. Until the hearings, until the final decision, or within a deadline set by the authority, the party may submit an account which includes the following

a) their expenses (Art. 4 para. 2);

b) the compensation (Art. 4 para. 2);

c) the fees and expenses of legal counsel (Art. 4 para. 3).

1. The exclusive contestation of the decision on costs and compensation is conducted through administrative proceedings with an administrative appeal or administrative court appeal.

2. In the case of the exclusive contestation of the decision on costs and compensation, the finally determined costs, fees, or compensation shall bear interest at five percent. The interest is calculated from the thirtieth day after the issuance of the judgment or decision which is the subject of the appeal.

3. The legal force of the decision on the matter itself is not affected by the exclusive contestation of the decision on costs and compensation.

1. The authority shall determine the fee for experts, interpreters, and translators, if necessary based on an estimate and taking into consideration

a) the importance and difficulty of the work;

b) the usual rate for this profession.

2. The parties may be heard.

1. The witnesses shall receive

a) travel compensation in accordance with Article 9;

b) a presence compensation of 50 francs;

c) a compensation of 120 francs per night, if they are unable to return to their place of residence.

2. Depending on the circumstances, these compensations may be increased.

1. Experts, interpreters, translators, and witnesses are entitled to a travel allowance of 0.60 francs for every kilometer traveled.

2. In the absence of specific provisions by the Cantonal Court, the Public Prosecutor's Office, or the Municipal Council, the travel allowance for judges, public prosecutors, court clerks, and officials shall be determined by the State Council in an expense regulation.

1. The intervention of police officers ordered by the authority leads to the following expenses

a) a mileage allowance of 0.60 Swiss Francs for each vehicle used;

b) a fee ranging from 20 to 1,000 Swiss Francs for each procedure, such as report, graphic, photo dossier, expert opinion, or other interventions;

c) the reimbursement of the compensation granted to the police agents according to special legislation.

2. For the services of the court usher, 25 Swiss Francs per session will be charged.

1. The other expenses caused by the proceedings shall be invoiced at their effective amount. If they do not exceed 200 francs, they can be replaced by a flat rate.

1. Exceptionally, the collection of expenses by the authority may be wholly or partially waived.

1. The court fee is determined based on the value of the dispute, the scope and complexity of the case, the nature of litigation by the parties, as well as their financial situation. If the value of the dispute cannot be expressed in numerical terms, the fee will be set based on the other elements of assessment.

2. It ranges between a minimum and a maximum, which are determined in accordance with the cost recovery and equivalence principle.

3. If special circumstances justify it, the authority may double these limits or quintuple them in the criminal and public domain.

1. If a proceeding is not carried through to completion, the fee is reduced accordingly; the same applies to a preliminary, partial, or default judgment, as well as a judgment without reasoning.

2. The authority may exceptionally waive a fee in whole or in part.

1. A fee shall be charged as follows

a) * 50 to 100 francs for the summons to the conciliation session, depending on the number of defendants;

b) * 120 to 250 francs for the conciliation session.

2. For disputes of a pecuniary nature, where the amount in dispute does not exceed 2,000 francs, and for proposals for decisions, a fee of 60 to 500 francs shall be charged.

1. For monetary disputes in civil law, which are decided in the ordinary or simplified procedure before the first or only instance, the fee shall be determined according to the following table

For the Dispute Amount | The Fee is Set as Follows

up to 2,000 Swiss Francs | from 180 to 1,200 Swiss Francs *

from 2,001 to 8,000 Swiss Francs | from 650 to 1,800 Swiss Francs *

from 8,001 to 20,000 Swiss Francs | from 900 to 3,600 Swiss Francs *

from 20,001 to 50,000 Swiss Francs | from 1,800 to 6,000 Swiss Francs *

from 50,001 to 100,000 Swiss Francs | from 2,700 to 9,600 Swiss Francs *

from 100,001 to 200,000 Swiss Francs | from 4,500 to 18,000 Swiss Francs *

from 200,001 to 500,000 Swiss Francs | from 9,000 to 42,000 Swiss Francs *

from 500,001 to 1,000,000 Swiss Francs | from 18,000 to 60,000 Swiss Francs *

more than 1,000,000 Swiss Francs | from 27,000 to 120,000 Swiss Francs *

2. The principles for determining the dispute amount (Art. 28) apply analogously.

3. The table in this article also applies in summary proceedings, which concern monetary disputes and lead to a final judgment.

1. For non-monetary disputes of the ordinary or simplified procedure, the fees range from 280 to 9,600 Swiss Francs.

2. The fee stipulated in paragraph 1 also applies to proceedings for the modification of a divorce, separation, or maintenance judgment, or the dissolution of a registered partnership.

3. If, in a divorce or separation process, or a process for the dissolution of a registered partnership, the dispute also relates to the division of assets, the fee provided under Article 16 is additionally charged.

1. For other proceedings, a fee ranging from 90 to 4,800 Swiss Francs is charged, particularly in cases involving child and adult protection, in non-contentious jurisdiction, in summary proceedings, in appeals restricted to points of law, in revision, clarification, and rectification proceedings, as well as in preliminary objections.

1. The fee shall be determined according to the table applicable to first instance cases and may take into account a reduction coefficient of 60 percent.

1. For cases falling under the jurisdiction of the police court, a fee of 50 to 500 francs shall be levied.

1. If the circumstances justify imposing the costs wholly or partially on the minor or their parents, a fee is levied as follows

a) 20 to 500 francs for the instruction of the case;

b) 40 to 500 francs for the proceedings before the juvenile court judge;

c) 90 to 1,000 francs for the proceedings before the juvenile court;

d) 90 to 500 francs for the appellate proceedings before the juvenile court;

e) 90 to 1,000 francs for the appellate proceedings before the cantonal court.

1. Fees for other criminal proceedings will be charged as follows

a) * 40 to 1,200 Swiss Francs for the conciliation procedure before the public prosecutor;

b) * 90 to 6,000 Swiss Francs for other procedures before the public prosecutor;

c) * 90 to 2,400 Swiss Francs for the procedure before the district court;

d) * 190 to 6,000 Swiss Francs for the procedure before the circuit court;

e) * 90 to 1,200 Swiss Francs for the procedure before the compulsory measures court;

f) * 380 to 6,000 Swiss Francs for the appeal or revision procedure before the cantonal court;

g) * 90 to 2,400 Swiss Francs for the complaint procedure before the criminal chamber of the cantonal court or a judge of the cantonal court, and up to 6,600 Swiss Francs for international legal assistance requests;

h) * 90 to 1,200 Swiss Francs for procedures before the penal and measures enforcement court and in other criminal court procedures within the meaning of the introductory act to the Swiss Criminal Code.

1. In non-monetary cases, administrative authorities shall charge the following fees

a) ***** Municipalities, districts, organs of cantonal administration, corporations, and public law institutions from 90 to 1,000 Francs;

b) ***** Departments from 90 to 1,650 Francs;

c) ***** State Council, Cantonal Supervisory Authority for Lawyers, and Expropriation Valuation Commission from 90 to 1,800 Francs.

2. In monetary cases, the fee may reach three times these amounts.

1. In the case of a direct claim before the Cantonal Court, the fee is determined according to the following table

a) in accordance with Article 18 for summary proceedings, interim proceedings, as well as revision and clarification proceedings;

b) in accordance with Article 16 for ordinary proceedings in cases involving monetary value;

c) between a minimum of 280 francs and a maximum of 8,000 francs for ordinary proceedings in cases not involving monetary value.

1. A fee ranging from 280 to 5,000 Swiss Francs is charged for proceedings in an administrative court appeal.

1. Subject to contrary provisions of federal law, a fee of 280 to 5,000 francs is imposed for proceedings before the Social Insurance Division of the Cantonal Court.

2. The arbitration tribunal as defined by the Federal Act on Health Insurance imposes a fee of 470 to 20,000 francs.

1. The fee is determined between a minimum and maximum as provided in this chapter; it considers the nature and significance of the case, the difficulty, the scope, the time usefully expended by the attorney, and the financial situation of the party.

2. As a rule, the fee is determined according to the value in dispute.

3. If the value in dispute cannot be ascertained, the fee is determined based on the assessment criteria listed in paragraph 1.

4. The authority sets the fee in round figures, additionally complying with the special provisions in the various rules of procedure.

5. The compensations are inclusive of value-added tax. If the value-added tax rate was changed at the time this law comes into effect, the Council of State shall adjust the fees provided in this law through regulatory means.

1. The value of the matter in dispute is determined according to the provisions of the Swiss Code of Civil Procedure.

2. If a party's requests are evidently exaggerated, the fee is determined based on the requests that they should have reasonably made in good faith.

1. In cases requiring extraordinary work, particularly when such work must be conducted partially outside of regular working hours, where evidence is numerous and difficult to collect or coordinate, where the documentation in the evidence procedure takes on a particularly substantial scope, where legal and factual questions are sensitive, where the legal counsel needs to represent multiple parties, or where his client is opposed by multiple parties, the authority may grant a higher fee than that provided for in the tariff.

2. If there is a clear discrepancy between the value in dispute and the process interest of the parties, or between the compensation according to the present tariff and the actual work of the legal counsel, the authority may reduce the fee below the mentioned minimum.

3. In the event of process abandonment, withdrawal of a complaint, a default judgment, settlement, dismissal, and generally when the case does not end with a substantive judgment, the fees may be correspondingly reduced.

1. The legal counsel, appointed based on the provisions regarding legal aid, receives compensation beyond the reimbursement of justified expenses, amounting to 70 percent of the flat-rate fee stipulated in Articles 31 to 40, but at a minimum, appropriate compensation according to the case law established by the Federal Court.

2. Full tariff compensation is provided by the department responsible for finances for

a) The legal counsel appointed under Article 132 paragraph 1 letter a of the Criminal Procedure Code (necessary defense);

b) The legal counsel appointed under Article 132 paragraph 1 letter b of the Criminal Procedure Code, if the accused person possesses an order of dismissal or has been acquitted.

3. The compensation procedure for officially appointed legal counsel and the reimbursement of advanced payments are governed by the Swiss Criminal Procedure Code, the Swiss Civil Procedure Code, and the Legal Aid Act (GUR) along with its ordinance.

1. Before the municipal judge, the fee is determined as follows

a) * for the decision proposal, 60 to 250 francs;

b) * for the decision procedure, 250 to 900 francs.

2. For revision, clarification, and correction procedures, the fee ranges from 250 to 900 francs.

1. In disputes and civil cases of a pecuniary nature conducted under ordinary or simplified procedures, which are decided in the first or sole instance, the fees are set as follows

| For the Disputed Amount | The Fee is Set as Follows |

| :--- | :--- |

| up to 2,000 Swiss Francs | from 550 to 1,400 Swiss Francs |

| from 2,001 to 10,000 Swiss Francs | from 1,500 to 2,500 Swiss Francs |

| from 10,001 to 15,000 Swiss Francs | from 2,300 to 3,300 Swiss Francs |

| from 15,001 to 20,000 Swiss Francs | from 2,900 to 4,000 Swiss Francs |

| from 20,001 to 30,000 Swiss Francs | from 3,600 to 5,400 Swiss Francs |

| from 30,001 to 40,000 Swiss Francs | from 4,700 to 6,800 Swiss Francs |

| from 40,001 to 50,000 Swiss Francs | from 5,800 to 8,200 Swiss Francs |

| from 50,001 to 60,000 Swiss Francs | from 6,800 to 9,200 Swiss Francs |

| from 60,001 to 70,000 Swiss Francs | from 7,600 to 10,200 Swiss Francs |

| from 70,001 to 80,000 Swiss Francs | from 8,400 to 11,300 Swiss Francs |

| from 80,001 to 90,000 Swiss Francs | from 9,100 to 12,300 Swiss Francs |

| from 90,001 to 100,000 Swiss Francs | from 9,900 to 13,300 Swiss Francs |

| from 100,001 to 150,000 Swiss Francs | from 11,100 to 15,400 Swiss Francs |

| from 150,001 to 200,000 Swiss Francs | from 12,800 to 17,600 Swiss Francs |

| from 200,001 to 250,000 Swiss Francs | from 14,400 to 19,700 Swiss Francs |

| from 250,001 to 300,000 Swiss Francs | from 16,100 to 21,900 Swiss Francs |

| from 300,001 to 350,000 Swiss Francs | from 17,700 to 24,000 Swiss Francs |

| from 350,001 to 400,000 Swiss Francs | from 19,400 to 26,200 Swiss Francs |

| from 400,001 to 450,000 Swiss Francs | from 21,000 to 28,300 Swiss Francs |

| from 450,001 to 500,000 Swiss Francs | from 22,700 to 30,500 Swiss Francs |

| from 500,001 to 600,000 Swiss Francs | from 24,500 to 30,800 Swiss Francs |

| from 600,001 to 700,000 Swiss Francs | from 26,700 to 33,400 Swiss Francs |

| from 700,001 to 800,000 Swiss Francs | from 28,900 to 36,100 Swiss Francs |

| from 800,001 to 900,000 Swiss Francs | from 31,100 to 38,500 Swiss Francs |

| from 900,001 to 1,000,000 Swiss Francs | from 33,100 to 41,200 Swiss Francs |

| over 1,000,000 Swiss Francs | 3.3 percent not exceeding 140,000 Swiss Francs |

2. The table of this article also applies to summary proceedings in a dispute of a pecuniary nature that leads to a final judgment.

1. In disputes that warrant compensation under the Swiss Debt Enforcement and Bankruptcy Act (SchKG), the fee is set between 250 and 3,300 Swiss Francs.

1. For other disputes and civil matters, the fee is set between 1,100 and 11,000 Swiss Francs.

2. The fee specified in paragraph 1 also applies to proceedings for the modification of a divorce or separation decree, maintenance contributions, or proceedings for the dissolution of a registered partnership.

3. If a divorce or separation process or the dissolution of a registered partnership involves disputes concerning property settlement, an additional proportional fee is determined.

1. The fee is determined according to the table applicable to cases in the first instance, considering a reduction coefficient of 60 percent

a) for the appeal proceedings before the Cantonal Court;

b) in matters of child and adult protection law, for the complaint procedure before the Cantonal Court.

2. The fee is set between 550 and 8,880 francs

a) for the complaint procedure;

b) in matters of child and adult protection law, for the complaint procedure to the Child and Adult Protection Authority and the appeal procedure to the judge;

c) for revision, clarification, and rectification procedures.

1. The fees for proceedings before the criminal authority are determined as follows

a) Before the Police Court: 250 to 650 Swiss Francs;

b) Before the police, in the investigation procedure (first hour lawyer): 250 to 1,600 Swiss Francs;

c) Before the Public Prosecutor's Office as a conciliation authority: 60 to 1,100 Swiss Francs;

d) Before the Public Prosecutor's Office for other procedures: 550 to 5,500 Swiss Francs;

e) Before the Compulsory Measures Court: 550 to 3,300 Swiss Francs;

f) Before the District Court: 550 to 3,300 Swiss Francs;

g) Before the Cantonal Court: 1,100 to 8,800 Swiss Francs;

h) Before the Judge or Juvenile Court in the first instance: 550 to 3,300 Swiss Francs;

i) Before the Juvenile Court in appeal proceedings: 550 to 5,500 Swiss Francs;

j) Before the Cantonal Court in appeal and revision proceedings: 1,100 to 8,800 Swiss Francs;

k) Before a judge of the Cantonal Court or the Criminal Chamber in complaints procedures: 300 to 2,200 Swiss Francs;

l) Before the Criminal and Measures Execution Judge and in other criminal court proceedings within the meaning of the Swiss Criminal Code: 300 to 2,200 Swiss Francs.

1. The parties generally have no entitlement to compensation for proceedings before an administrative authority that decides in the first instance.

2. For proceedings in an administrative appeal, the fee is set between 550 and 8,800 Swiss francs.

1. In a lawsuit before the Cantonal Court, the fee is determined as follows

a) 550 to 3,300 Swiss Francs for cases in summary proceedings and for interim proceedings;

b) in accordance with Article 32 for ordinary proceedings in cases of monetary value;

c) 1,100 to 11,000 Swiss Francs for ordinary proceedings in non-monetary cases.

1. For the procedure in an administrative court appeal, the fee is set at 1,100 to 11,000 Swiss Francs.

1. In the proceedings before the Social Insurance Division of the Cantonal Court and the Arbitration Court pursuant to the Federal Law on Health Insurance, the flat fee is set at 550 to 11,000 Swiss Francs.

2. The fee stipulated in Article 32 is also applicable to proceedings based on Article 52 of the Federal Law on Occupational Retirement, Survivors', and Disability Pension Plans, as well as Article 52 of the Federal Law on Old-Age and Survivors Insurance.

1. Advances, securities, and costs within the meaning of Article 3 of this Act, the Swiss Criminal Procedure Code, and the Swiss Civil Procedure Code may not be collected by cash on delivery.

2. When the modalities of an advance are not regulated by the procedural law, the authority may require that the advance be paid by the day of the hearing or the issuance of the decision, under penalty of inadmissibility of the application.

3. An advance required solely by one party due to a specific procedural action requested by them shall be the subject of a special accounting immediately after the conclusion of the procedural action.

1. All files in civil, criminal, and administrative proceedings, as well as copies of files for the purpose of submission in a proceeding before the judge or authority, shall be written on plain paper.

2. Judgments, decisions, court settlements, waivers of claims, and acknowledgments of claims that contain an obligation to pay a sum are exempt from the duty stamp.

3. Hearings before the municipal judge or any judicial authority, as well as judgments and decisions of judicial authorities, are exempt from the imposition of a special fee in accordance with the Health Law.

1. The Grand Council shall amend by resolution the amounts of costs, fees, and lawyer's fees, without reference to the value in dispute, when the consumer price index has changed by five points since this law came into effect.

1. The Act Concerning the Schedule of Fees and Compensation Before Judicial and Administrative Authorities of May 14, 1998, is repealed.

1. Article 13a of the Implementing Regulation on the Law for the Protection of Personal Data of February 26, 1986, is amended.

2. The third consideration of the decision regarding the share of administrative costs to be borne by the debtor within the scope of the collection procedure of February 11, 1987, is amended.

3. The third consideration in the decision on setting the tariffs concerning the fees for tax register holders of November 27, 2001, is amended.

4. Article 240, paragraph 2, of the Road Act of September 3, 1965, is amended.

5. Article 1, paragraph 2, of the Regulation on the Fees and Reimbursements levied in the implementation of the Road Act of April 29, 2003, is amended.

6. Article 1, paragraph 2, of the decision concerning the costs and fees incurred in the implementation of the Health Act of March 2, 1997, is amended.

7. Article 5, paragraph 1, of the decision on the costs and fees for operations in the environmental sector of November 28, 1990, is amended.

8. The fourth consideration in the decision to set fees in housing promotion of February 23, 1994, is amended.

1. The old law remains applicable if a final decision regarding the costs was made before this law came into force.

2. Moreover, this law applies to proceedings that are pending at the time it comes into force, taking into account the advances made under the old law.

1. This Act is subject to an optional referendum.

2. The State Council shall set the date of its entry into force.