Written preliminary procedure
The written preliminary procedure regulated in § 276 ZPO is an element of the German civil procedure . It is used to prepare for the main appointment . In the first instance proceedings , the court can order, together with the service of the application on the defendant, that written preliminary proceedings be carried out. When the complaint is served, the defendant is requested to indicate within an emergency period of two weeks ( Section 276, Paragraph 1, Clause 1 ZPO) whether he wants to defend himself against the complaint ( notice of defense ). If the defendant fails to make this notification of defense, a default judgment can be issued against him at the request of the plaintiff - which can already be made in the complaint . If the defendant declares his intention to defend himself, he must respond to the content of the action within a further period of at least two weeks to be determined by the court. Failure to meet this deadline for defense does not mean that a decision can be made against him by default judgment, but can at most result in preclusive consequences according to the provisions on late submissions.
As an alternative to the written preliminary proceedings, the court can order an early first appointment when the application is served in order to prepare the main appointment .
