First appointment earlier
The first appointment earlier is a term used in the German code of civil procedure , cf. Section 275 ZPO. It means that a date for the hearing will be set immediately after receipt of the complaint.
For comprehensive preparation of a process-efficient main appointment, the court has the choice between the written preliminary proceedings and the early first appointment. In some cases, it is argued that simpler cases belong in the early first appointment, more difficult cases in the written preliminary proceedings. However, the difficulty can often not be assessed at all at the early stage on the basis of the application alone. The early first appointment can also be useful in more difficult cases to clarify the dispute.
The early first appointment should prepare so sustainably that the process can then be completed in the main appointment. On the other hand, the early first appointment does not necessarily have to be followed by another appointment. If the matter is ripe for a decision, a decision can be made based on the early first appointment. A typical application of the early first appointment is temporary legal protection , as there is a need for urgency. If the proceedings are not concluded in the early first appointment through a settlement , withdrawal or waiver of the action or a type of judgment ( default judgment , acknowledgment judgment , final judgment ), the court has to make all arrangements in accordance with § 275 ZPO for the preparation of the main appointment (information to the parties, consultation files, summons of witnesses, etc.).
Individual evidence
- ^ Norbert Pantle, Stephan Kreissl: The practice of civil proceedings
- ↑ Dresenkamp in: Beck'sches Richter-Handbuch, 2nd ed., A II, Rn. 30th
- ↑ Dr. Unger's long-distance repetition to prepare for the second state examination in law p. 40
- ↑ Wolf-Dietrich Walker: Temporary legal protection in civil proceedings and in labor court proceedings
