Main date
The main date in civil proceedings is a comprehensively prepared court date for an oral hearing. He is appointed to bring about the settlement of the dispute. This is the rule in court, § 272 ZPO. The main appointment is prepared either by the so-called written preliminary procedure , regulated in § 276 ZPO, or by means of the early first appointment , § 275 ZPO.
The main appointment is in such a way that the court calls the matter, introduces the matter and dispute and hears the parties (submissions). In the course of the disputed negotiation, the parties submit their applications, § 137 ZPO. Then - if necessary - the taking of evidence is entered into. Once the evidence has been taken, the dispute will be discussed again with the parties. In every phase of the process, the court should work towards an amicable settlement of the dispute between the parties, § 278 ZPO. When the matter is ready for a decision , a judgment is issued , which is either announced as a chair judgment in the oral hearing itself or at a special promulgation date . Otherwise, a decision is made that makes the procedure ready for a decision, such as setting a new date at short notice, a clarification resolution that gives the parties information on the legal situation and gives them the opportunity to make further presentations, or a decision to take evidence that further evidence is taken, for example Witnesses or experts.
See also
Individual evidence
- ^ Rolf A. Schütze: Code of civil procedure and ancillary laws: Grosskommentar
- ↑ Kurt Schellhammer: Family law according to the basis of claims: including proceedings in family, child and child care proceedings
- ↑ Kurt Schellhammer The working method of the civil judge: For trainee lawyers and young practitioners with cases and a model file
