Official day
The office day is a free service within the framework of ordinary jurisdiction in Austria .
object
The official day held at the district courts offers the opportunity to submit complaints , other applications and submissions to ongoing proceedings to the court minutes in all legal cases in which representation by a lawyer is not mandatory from the outset . In connection with this, the employees of the court who are involved in the process should provide the persons involved with the necessary legal information and guide them in making legally correct applications. In addition, general legal information of a simple kind is given on the official days. This support on the part of the court must always relate to specific, at least intended, legal disputes, theoretical questions, e.g. B. out of interest in the legal system should not be clarified. It does not include legal advice that can only be obtained from a lawyer or notary. It is not the task of the court to be a legal friend of a party. Statements about the likelihood of a litigation victory in view of the facts described or advice on what to do best should not be expected.
Anyone who does not live at the seat of the court or is permanently present, with whom he wants to file a lawsuit or has to make another submission to an ongoing procedure, can turn to the office day of the district court in whose district he is currently staying. This court should record its application and then send it to the competent court.
Conversely, if an official day has been set up, public access for non-urgent matters can be restricted to at least one day per week. The official day is usually held on Tuesday from 8:00 a.m. to 1:00 p.m.
Legal sources
- Section 434 of the German Code of Civil Procedure ( ZPO) : (1) The action, as well as all requests, motions and notifications to be made outside of the oral hearing can be recorded by the parties if they are not represented by lawyers.
(2) Complaints and objections against a default judgment can also be declared verbally by a party to the district court of their residence; this district court must send the minutes to the trial court immediately. - Section 54 (1) Geo (Rules of Procedure for the Courts of First and Second Instance): District courts allow certain days and hours, at least once a week, to receive oral complaints, motions and declarations in disputed and non-disputed matters as well as in private prosecution matters a day with the effect that at other times all non-urgent posting of this type due to official business that cannot be postponed can be referred to this day (official day).
Individual evidence
- ↑ Rules of Procedure for Courts I and II Instance - Federal law consolidated. In: RIS . Retrieved November 20, 2019 .
