Amendment Of Rules Of Procedure For The Courts Of I. And Ii. Instance (Geo.)

Original Language Title: Änderung der Geschäftsordnung für die Gerichte I. und II. Instanz (Geo.)

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386. Regulation of the Federal Minister of Justice, by means of which the Rules of Procedure for the courts I and II. Instance (Geo.) is changed

Because of the nature. VII of the Sixth Court Relief Novella, BGBl. N ° 222/1929, shall be assigned:

Article 1

The Rules of Procedure for the Courts I and II. Instance (Geo.), BGBl. No 264/1951, as last amended by the BGBl Regulation. II No 262/2012, shall be amended as follows:

1. In § 23 (1), the half-sentence shall be: " on 24. and 31 December from 7.30 a.m. to 1.30 p.m. " by the half-sentence "on 24 December from 7.30 a.m. to 12.30 p.m. and on 31 December from 7.30 a.m. to 1.30 p.m." replaced.

2. In § 29, paragraph 3 lit. j will be the phrase " of the cost-examination officer (district auditor and auditor at the Higher Regional Court). " through the phrase " the Reviser and the Revis or. " replaced.

3. § 280 (1) and (2); the following (1a), (2a) and (2b) shall be inserted:

" (1) The President of the Higher Regional Court appoints civil servants and civil servants of the high-ranking service (§ 29 para. 3 lit. (j) Revisors and rectors. The advisors shall be
-without prejudice to the tasks assigned to them-assigned by law to the respective Oberlandesgericht (Oberlandesgericht) and take the examination and the ongoing control at the Oberlandesgericht (Oberlandesgericht), in which they are appointed, as well as with the Court of First Instance and District Courts. In addition, they can also be used for examination tasks at the Supreme Court and in the field of prosecutors ' offices. The examination at the placement office will be carried out by the Revisors of the Vienna Higher Regional Court.

(1a) In the course of the examination and the reporting, the advisors shall act in a uniform manner. The activities of the Revisors are to be recorded in register (§ 366).

(2) The President or the President of the Higher Regional Court shall exercise the supervision and supervision of the advisors with regard to the advisors and shall carry out the ongoing controlling. Within the scope of the business division for the affairs of the judicial administration of the respective Higher Regional Court (§ 43 of the Court Organization Act, RGBl. No 217/1896), the exercise of this service and professional supervision may also be entrusted to one or more Judges or Judges appointed by the Higher Regional Court concerned.

(2a) The President of the Higher Regional Court or the President of the Higher Regional Court, the authorized judge or the appointed judge (para. 2) shall distribute the duties assigned to the Revisors in the business division to be issued by the Revisors so in advance among the Revisors, that as a whole the most uniform utilization of the occupancy of the Revisors shall be Revisors shall be achieved, taking into account the perception of representative tasks and the betting with other tasks accordingly.

(2b) As the place of service of a supervisor within the meaning of the travel fee rule in 1955, BGBl. 133, is to be determined by the President or the President of the Higher Regional Court of the seat of the Court of First Instance (the Public Prosecutor's Office) in which the principal or the auditor is mainly active. "

4. § 282 (3) and (4) are:

" (3) On the examination result in the sight of the lit. (b) of Section 281 (1), the supervisor shall, immediately after the examination has been completed, make a protocol in two copies to the court, which shall be issued by the supervisor or by the auditor as well as by the head or the head and the accountant. or to the accounting officer of the audited service. This log is to be connected to the overall report of the Revisors or the Revisors on the audit that has been made. This general report shall be submitted by the supervisor or the auditor of the President of the Higher Regional Court and the Head of the Audited Department, in the case of a report on the examination of a district court, including the President or the President of the Court of Justice I. The report shall be taken by the head of the audited service to the judicial administrative files. The Head of the Department of Service shall take the necessary measures and report to the President or the President of the Higher Regional Court.

(4) By 31 March of the following year, the President of the Higher Regional Court shall report a report to the Federal Ministry of Justice on the perceptions of the service and supervision, the staffing situation and activities. in the context of initial and continuing training and contacts with other institutions during the past year. The report shall indicate charging flashpoints and suggest any suggestions for improvement in the area of activity of the rectors. "

5. § 283 (1) to (3) are:

" (1) The authority granted under statutory provisions to verify the witnesses ', experts' and Dometsch's fees shall be as follows:

1.

if the Supreme Court decides, the supervisor or the auditor of the Higher Regional Court of Vienna;

2.

if the Higher Regional Court decides, the supervisor or the auditor of this Higher Regional Court;

3.

if the prosecutor's office or any other public prosecutor's office decides, the supervisor or the auditor of the Oberlandesgericht, in whose sprengel the seat of the respective prosecutor's office is located;

4.

otherwise the supervisor or the auditor of the superior Higher Regional Court.

(2) If the supervisor or the auditor perceives errors of fundamental nature (for example misinterpretations of regulations and tariffs) in the determination of witness fees, she or she has a repetition of these errors by means of appropriate information the staff member or staff responsible for determining the fee for the certificate shall be prevented from taking part in the examination. If such errors are found in several courts of the Sprengel of the Higher Regional Court, the advisor or the auditor shall report to the President or the President of the Higher Regional Court. If such errors occur particularly frequently in the courts of the Court of Justice I. Instance, the supervisor or the auditor shall also report to the President of the Court of Justice I.

(3) If the supervisor or the auditor is responsible for checking the fees (para. 1) have the power to do so, copies or confirmations of pieces of business, following files by the entry point of that court (the public prosecutor's office), on whose (whose) seat the advisers are located, the auditor is responsible for has its place of service within the meaning of the travel fee provision in accordance with section 280 (2b) of the travel allowance. The date of receipt of the entry point (section 102 (1)) shall be deemed to be the copy or equivalent of the item of business as the supervisor, or the copy of the item of business. delivered to the auditor. The consignment must be sent by the public prosecutor's office if the application for a fee is submitted before the prosecution is filed, but otherwise by the court of law. "

6. § 283a together with the title:

" Review of procedural assistance

§ 283a. The supervisor or the auditor empowered to review decisions in cases of procedural assistance shall be entitled to copies or confirmations of the respective decision and to the recourses collected on the basis of the documents referred to in the Ways of the entry point of that court, at whose seat the rector or the auditor is responsible for has its place of work within the meaning of the travel fee provision in accordance with Section 280 (2b); the transmission of the entire act may be omitted if, during the period of time of the supervisor or of the supervisor, the collection or response of the appeal is the regular procedures shall be continued and the application, decision or recurrection equivalent to the provisional or the auditor shall be attached to the parts of the file necessary for verification of the property and legal situation. The date of receipt of the entry point (section 102 (1)) shall be applied to the copy or equivalent of the business item as the supervisor or to the auditor. "

7. In § 343 (2), the word "Administrative Department" by "depositary" and the success of the word e "the auditor at the Higher Regional Court" through the word success e "the supervisor or the auditor" replaced.

8. In § 365 (1) the wordfol is deleted "SR for the decisions on expert fees sent to the District Revisors: No 109;"

9. In § 366 the phrase "SR for the decisions on expert fees transmitted to the auditor at the Higher Regional Court: No. 109;" by the word fol "SR for the matters of the rectors: No 109;" replaced.

10. § 477 and the title:

" § 477. (1) The Revisors (§ 280) have to enter the decisions (§ § 283 and 283a) submitted to them in the SR-Register (§ 366).

(2) In the case of the notice column, depending on the location of the individual case, the following shall be entered:

1.

no recourse (kR),

2.

Rekurs seized (Re) and its success.

(3) In the case referred to in paragraph 2 (1), the case shall be deleted immediately, in the case of Section 2 (2) (2) after the completion of the recourse and registration of the execution in the Notice column.

(4) In the case of the Notice column, the name of the supervisor, respectively, is also the case. of the rector who handled the matter.

(5) In the address (§ 520 ZPO), in addition to the name of the appellant or the appellant, the for the appellant to attach the file number in brackets, for example: ' Republic of Austria, represented by the Revisorin or the auditor (SR 6/2012) '. "

Article 2

entry into force

This Regulation shall enter into force on 1 December 2012.

Karl