Change of date
In German civil procedural law, a change of date is the rescheduling of an appointment for an oral hearing .
According to § 227 ZPO an appointment can be canceled or rescheduled for significant reasons. By virtue of a legal reference, this also applies in other proceedings, for example before the finance, social and administrative courts ( Section 155 FGO , Section 202 SGG , Section 173 VwGO ). According to the wording of the law, neither self-inflicted insufficient preparation for the oral hearing nor the consent of both parties is sufficient. Rather, there must be an unforeseen reason for which the party is not responsible that justifies the postponement of the appointment. Such reasons can e.g. B. be:
- temporal collision with another court date,
- Need to inspect files for reading into the process material; this applies in particular if a lawyer who was not previously dealt with the case was assigned subsequently,
- Inability to attend the appointment due to illness ( inability to negotiate )
- an already booked vacation trip of the legal representative, which, however, must be reported to the court as early as possible.
The chairman decides on the rescheduling without an oral hearing; the decision is final.
After rejection of an unfounded request for a rescheduling of the date, a request for bias based on this decision can be rejected by the court making the decision as inadmissible due to legal abuse.
A last relic of the former court holidays can be found in Section 227, Paragraph 3 of the ZPO : a date that falls between July 1 and August 31 of a year can be postponed at the request of a party without giving reasons, provided it is not one of the particularly urgent procedures expressly specified in the law.
The chairman can make a discretionary decision on the place, day and hour of the main hearing to reschedule a date set for the main hearing in accordance with Section 213 of the Code of Criminal Procedure . In doing so, he must take into account, evaluate and weigh up all conflicting interests.
Individual evidence
- ^ Requirements for an application for a rescheduling Otto Schmidt-Verlag, October 29, 2015.
- ↑ Rescheduling due to sudden illness of the legal representative February 17, 2017.
- ↑ BGH, judgment of January 24, 2019 - VII ZR 123/18
- ↑ Guido Toussaint: BGH: Rejection of an application to reschedule due to intent to delay proceedings, discussion of BGH, judgment of January 24, 2019 - VII ZR 123/18
- ↑ OLG Frankfurt am Main, judgment of October 24, 2008 - 2 U 155/08
- ↑ Carsten Krumm: Termination, Prevention and Rescheduling StV 2012, pp. 177–182.
