Ordinance of the supreme cantonal courts on the compensation of witnesses, informants and experts (Compensation Ordinance for Supreme Courts)

1 This Ordinance governs the compensation of witnesses, persons providing information, and experts in proceedings before the supreme cantonal courts, commissions affiliated with the High Court, district courts, labor courts, rent courts, conciliation authorities, as well as the Building Appeals Court and the Tax Appeals Court.

2 The compensation of translators is governed by the provisions of special ordinances and regulations.

II. Compensation of Witnesses

Witnesses are compensated for loss of time or earnings through a witness fee, as well as for necessary cash disbursements.

1. Witnesses receive a lump-sum witness fee of CHF 20 to CHF 100, depending on the time spent, including necessary travel time.

2. In the event of adequately substantiated loss of earnings, the compensation amounts to CHF 25 to CHF 150 per hour.

3. The witness may be requested to present supporting documents.

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Compensation Ordinance of the Supreme Courts

1. **Reimbursable Necessary Cash Expenses:**

a. Travel expenses in accordance with the provisions and rates of the Ordinance on the Enforcement of the Personnel Act³. If the witness, due to illness, infirmity, age, or other reasons, had to use a special mode of transport, the necessary expenses incurred for this shall be reimbursed.

b. Costs for meals and accommodation in accordance with the provisions and rates of the Ordinance on the Enforcement of the Personnel Act³, provided that the witness cannot eat and stay overnight at home due to the summons.

c. Necessary substitute costs, to the extent that they are not covered by the compensation pursuant to § 3.

2. The witness may be requested to present receipts.

Companions of children, sick, elderly, or infirm witnesses receive the same compensation as a witness.

Witnesses from another canton or from abroad may be awarded a reasonable advance for the expenses incurred by them under Sections 4 and 5.

Witnesses who make themselves suspected of a criminal offense through their statements may be temporarily deprived of compensation; if they are convicted of a criminal offense, they forfeit the right to compensation.

III. Compensation for Informants

Witnesses and other third parties affected by the taking of evidence shall be compensated like witnesses.

IV. Remuneration of Experts

1. Experts are usually compensated based on the time and effort expended. The rate is determined by the required specialized knowledge and the difficulty of the service. For self-employed experts, the rates of their respective professional associations typically apply.

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Compensation Ordinance for the Supreme Courts

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2. Unless otherwise agreed, the rates for travel and subsistence expenses, as well as other outlays of the expert, are governed by the rates pursuant to § 4.

3. If a significant amount of effort is expected for the report, the assignment is generally to be awarded based on a cost estimate.

1 The remuneration shall be determined on the basis of the fee invoice

submitted by the expert.

2 If the invoice exceeds the cost estimate or appears to be excessive,

the remuneration may be reduced. Insofar as the proceedings are free of charge for

the parties, the reduction shall be made ex officio; in other proceedings,

it shall be made after hearing the parties.

V. Judicial Determination

The compensation shall be determined by the court seized of the matter or by the competent judges, subject to any available legal remedies.

VI. Final Provision

This Ordinance comes into force on 1 July 2002. It shall be included in the

Collection of Laws. The Ordinance of the High Court

concerning the compensation of witnesses and experts of

19 December 1956, Sections 9 and 10 of the Ordinance of the Administrative

Court on fees, costs and compensation in proceedings

before the Administrative Court of 26 June 19972, as well as Sections 11 and 12 of the

Ordinance of the Social Insurance Court on social insurance

court fees, costs and compensation of 6 October

19945 are repealed upon the entry into force of this Ordinance.

1 OS 57, 243.

2 LS 175.252.

3 LS 177.111.

4 LS 211.1.

5 LS 212.812.

6 Version in accordance with B of 14 September 2010 (OS 65, 703; ABI 2010, 2120). In

force since 1 January 2011.

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