Inrotulation
The Inrotulierung (also Inrotulirung ) was a term in the office language and meant the formal start of documents between judicial act under a written process and reported under a formal process.
Derivation of the term
The scroll (also called book scroll or volume ) is a labeled papyrus or parchment sheet in roll form and the typical book form of antiquity. In the Middle Ages , parchment scrolls were mainly used for registers in administration, first for registers of goods, then also for negotiation minutes and other long records that were created in sections.
These Rotulus / Rotuli and the German names Rodel and Rödel derived from them (the word Rolle also comes from the Latin rotulus and rotula ). had the function that files have today .
The use of the word in Liechtenstein , Austria and the Czech Republic due to the general court system was still in use until the 19th century, in Germany it has already declined in modern times.
Inrotulation after the AGO
In the case of inrotulation according to the General Court Regulations (AGO), §§ 238 - 246, the briefs and enclosures relevant for the written procedure were identified and merged by and in front of a court person, and this compilation ( collation ) formed the only legally effective basis for the judicial Decision.
The court person in front of whom the inrotulation of the files took place at the inrotulation diary had to prepare a precise protocol and to enter the inrotulation in his own diary. In some cases, the files had to be rotated before the judge who judged the case and a clerk of the court. Each party had to insert the written documents and enclosures (evidence) that were served on it by the other party, although the originals did not usually have to be presented. The complaint was given the designation I. The defense II., The reply III., The duplicate IV., A closing letter V. and the counter-closing letter VI. The enclosures were to be assigned to the plaintiff's respective brief and designated with letters, those of the defendant with numbers.
The inrotation of the files took place on the normal day of the court during the usual opening times in a special inrotation conference, which was previously advertised and to which both parties or their representatives were invited and had to appear. If one of the parties or representatives did not appear, the other party who appeared was also entitled to insert its own documents and enclosures (evidence) and the party who did not appear (contumacierte) could be punished ( contumac decision ). In certain cases, however, it was also possible to extend the inrotation agenda to another date if the party appeared consented to it or requested this.
In the Inrotulation Conference, an exact and reliable list, the so-called Rotulus directorium, was made of the written submissions and enclosures and signed by the person in charge of the hearing and the parties. The Rotulus directorium could also be brought ready-made by one or both parties. After the Inrotulation Conference, the further presentation and insertion of documents or enclosures was prohibited. This system was used for the formal presentation of evidence but also to protect the files from falsification or incomprehensible changes after the documents of evidence had been submitted to the court and included in the court proceedings.
In principle, both parties had to pay the costs of inrotating the files (inrotating tax).
In the oral procedure, however, there was no file inrotation. Only when an appeal was lodged after the judgment from an oral procedure, the files were inrotated for the appellate or revision authority. During the proceedings before the third instance, files were never inrotated. In the oral procedure, the enclosures submitted by the parties were recorded in a register (rotulum) by the judge who made the decision and this was signed by the parties and included in the minutes. This also served to protect the files from falsification or incomprehensible changes after the documents of evidence were presented to the court and included in the court proceedings.
Exrotulation after the AGO
The opposite of inrotulation was exrotulation (removal of files from the court file). At the same time, each party was reimbursed the pleadings and enclosures submitted by the court at their request. While the inrotulation z. B. was precisely regulated in the General Court Order of Austria , the West Galician Court Order or the civil and military jurisdiction norm, hardly any written regulations were made by the legislature about the exrotulation. The exrotulation was also precisely recorded.
However, the enclosures included in the court file during an oral procedure were extracted (unless an appeal had been lodged).
See also
Web links
Individual evidence
- ↑ Duden online: Toboggan
- ↑ Duden online: role , see details under origin. See also Johann Christoph Adelung in the Grammatical-Critical Dictionary of High German Dialect , Vienna 1811: In the rights, Rodel is borrowed from the Latin Rotulus to designate a register , The Zeugen-Rotel (...) is the record of the testimony of several witnesses .
- ↑ Alexander Scharwitzl, The judicial duty of instruction in the area of tension between establishing the truth and partiality with special consideration of the "prohibition of surprises" , dissertation, Vienna 2013.
- ↑ Example: Supplement to No. I./A.
- ↑ This regulation applies to the Liechtenstein and Austrian civil procedure law to this day, that the enclosures of the plaintiff with letters (e.g. ./A), those of the defendant with numbers (e.g. ./1) and those of third parties with Roman numerals (e.g .: ./I).
- ↑ Joseph Joachim Hubmerhofer, testing, Kings of the general wharves.. Court and bankruptcy rules and from the succeeded highest kaiserl. royal Statutory ordinances (etc.) , Klagenfurt 1788, Kleinmayer Druck, pp. 43, 219.
- ^ Franz Dokupil The Judicial Actuar in the Country , Caslau 1848, p. 34