CH-ZH
Updating Ordinance
Table of Provisions (14)
Statutory Text (14 Articles)
Files within the meaning of this Ordinance are written, electronic, and other records, objects of inspection, and other items or assets that have been received, obtained, or created by the court in a proceeding.
¹ For every civil case and every criminal case (cf. Art. 100 Criminal Procedure Code⁴), a case file is created.
2 The case file contains
a. the procedural minutes and interrogation records,
b. all documents prepared or compiled by the court,
c. documents submitted by parties or third parties,
d. the envelopes of time-bound submissions or requests for extension of time that arrive at the court after the expiry of the deadline.
¹ All submissions and other documents are systematically filed
in the case file in accordance with the Filing System Regulations (general)
and generally entered into a file register in the order of their receipt.
Electronically submitted documents are generally printed out and added
to the file. If several documents are received on the same day, they
are to be filed in an order determined by factual criteria.
² All documents are assigned a filing number and continuously
recorded in the file register. The filing numbers are generally affixed
to the upper right corner of the documents. The District Courts affix
the filing numbers in blue, and the High Court in red.
³ The leave to proceed with a claim under Art. 209 CPC is generally
filed in the case file immediately after the procedural minutes.
⁴ Powers of attorney are filed separately.
⁵ The date of mailing and receipt is indicated on the submissions.
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212.513
Filing Regulations
⁶ A complete copy of all decisions is added to the file. Final decisions
are also collected chronologically in special judgment books.
1 The list of documents (docket) shall be kept electronically. It shall be
periodically printed out and, bearing the date of printing,
placed with the file.
2 The first column of the list of documents (docket) shall contain the file
number.
3 In the second column of the list of documents (docket), the document
shall be described intelligibly and as detailed as possible. Customary court
abbreviations may be used.
4 In the third column, the date of the document shall be entered
(dd.mm.yyyy). If it bears no date, the notation “n.d.”
(no date) shall be added.
5 In the fourth column of the list of documents (docket), the person who
filed the document shall be listed.
1 Depositor Files
Depositor files are listed in a separate depositor file index and updated with the primary and secondary file numbers. The numbering of the depositor files assigned by the depositor must be retained.
**2 Main File Index**
The main file index refers to the depositor file index.
1 In simple cases, particularly in summary proceedings
a. a file index may be omitted,
b. a handwritten file index may be kept.
2 If in these cases an appeal is lodged or the files are accessed by third
parties, a file index must be kept in accordance with § 4f.
Records Management Regulations
1. If an interlocutory decision of a lower court is challenged before the Higher Court, the file dossier of the Higher Court proceedings shall begin with serial number 1. The lower court files shall receive a separate file number as auxiliary files.
in appeal proceedings
and upon
remand
2. If a final decision of a lower court is challenged before the Higher Court, the first serial number in the file dossier of the Higher Court proceedings shall follow the last serial number of the District Court proceedings.
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Filing Ordinance
212.513
3. If a final decision of the lower court is overturned and the case is remanded to it, the first serial number in the dossier of the new proceedings before the lower court shall follow the last serial number of the Higher Court proceedings.
4. If the Federal Supreme Court overturns a final decision of the Higher Court and remands the proceedings to it, the first serial number in the file dossier of the new Higher Court proceedings shall follow the last serial number of the previous Higher Court proceedings.
The first sequential number in the file dossier of the District Court or Single-Judge Court follows the last sequential number in the criminal proceedings before the Public Prosecutor's Office.
The first sequence number in the Rent Court file dossier files order follows the last sequence number of the proceedings before the Parity Conciliation Authorities in rental and tenancy matters.
before the Rent Court
1 Files from other authorities or from previous proceedings
Files requested from other authorities or from previous proceedings are treated as requested files.
2 Requested files are entered in the file index under specification of
a. the primary and secondary number, as well as any business number,
b. the date on which the matter was concluded,
c. the authority from which the files were requested.
3 Files of a proceeding concluded by merger are treated as requested files in the continued proceeding.
Submitted items for inspection, as well as other objects and valuables, such as deposits, securities, and effects, are listed in the case file.
1 Deposited files and effects will be returned to the authorized persons
following the final conclusion of the proceedings, upon acknowledgment of
receipt, unless the court orders otherwise.
2 No return of files shall be made provisionally until the expiration of the
appeal period without use.
3 For sufficient reasons, files may be released prematurely.
4 Case authorizations and powers of attorney will not be returned.
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Filing Ordinance
5 In criminal proceedings, the court shall decide on the return, destruction,
use for teaching purposes, or other storage of the deposited files and effects.
If court files have been lost, they shall be reconstructed as far as possible from the court's and the parties' own files. For this purpose, the parties are obliged to surrender all documents relating to the court file.
This Ordinance comes into force on 1 January 2011.
4
1 BGE 65, 628.
2 LS 211.1.
3 SR 272.
4 SR 312.0.