Announcement date

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As promulgation date into one is trial specifically on the promulgation of a decision during scheduled court date referred. The decision is usually a judgment , but it can also be another decision, such as a resolution . By setting a date for the announcement, the court should be given the opportunity, especially in difficult cases, to draft the decision calmly and without excessive time pressure.

Civil litigation

In civil proceedings , a judgment can either be pronounced after the oral hearing - such a judgment is also called a chair judgment - or at a separately scheduled date, the date of pronouncement. The latter is far more common in practice than the stool judgment. As a rule, the announcement date should not be set more than three weeks after the hearing ( Section 310 (1) sentence 2 ZPO ). At a promulgation date, the judgment must be available in full, i.e. with written grounds for the judgment ( Section 310 (2) ZPO).

The judgment is announced by reading out the judgment formula in a public session . If the parties to the litigation do not appear on the date of the announcement, which is often the case in civil proceedings, the reading of the judgment formula can be omitted; it is then replaced by a mere “reference” ( Section 311 (2) sentence 2 ZPO). The reasons for the judgment are usually not communicated orally.

In the case of local court proceedings , for amounts in dispute of up to 600 euros, the decision may also be served on the announcement instead of ( Section 495a ZPO).

Criminal trial

In criminal proceedings , the announcement of the judgment at the end of the main hearing is the rule (chair judgment), but it can also take place at a further date at the latest on the eleventh day after the main hearing ( Section 268 (3 ) StPO ). If this deadline cannot be met, the entire main hearing must be repeated. The verdict is announced by reading out the verdict and verbally or by reading out the reasons. Here, too, if a separate announcement date is set, the reasons should be set out in writing beforehand.

Administrative process

In the administrative process , the delivery of the judgment is permitted instead of a promulgation ( Section 116 (2 ) VwGO ). It is seldom possible to announce the judgment at the end of the hearing, but it is also possible to set a date for the announcement that should not be set beyond two weeks ( Section 116 (1) VwGO).