Change of lawsuit

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A change of claim is the exchange of the claim or the facts giving rise to it within the same process. Changes to the lawsuit can occur in the civil or administrative process . In criminal proceedings there is no change in the litigation in the strict sense; However, under certain conditions , the public prosecutor's office can raise a supplementary charge ( Section 266 of the Code of Criminal Procedure ) or, after reference to a change in the legal aspect, a conviction based on another criminal offense ( Section 265 of the Code of Criminal Procedure).

Civil procedural law

A change of action is always permissible before lis pendens . The new lawsuit must meet the requirements of § 253 ZPO, only it will then be served instead of the old lawsuit.

A change of action is no longer always permissible after lis pendens. Rather, it regularly presupposes that the opposing party agrees to the amendment to the complaint or the court considers it to be relevant - mostly for reasons of procedural economy - Section 263 ZPO. For certain cases of amendment of the complaint, in particular the extension or limitation of the complaint, the law provides that these are not to be regarded as amendments to the complaint (cf. § 264 ZPO). This fiction consequently leads to the fact that these changes to the complaint are always permissible.

With regard to the amended complaint, the admissibility of the amendment to the complaint is a prerequisite for the process , so that if the amendment to the complaint is inadmissible, it must be terminated by a judgment .

Administrative procedural law

The admissibility of the amendment of the complaint in the administrative process is measured according to § 91 VwGO, which is also based on the approval of the opponent or the determination of the relevance by the court.