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, the rules of procedure for the courts of I. and II. instance (GEO.) modifies the

On the basis of article VII which sixth court relief amendment, Federal Law Gazette is no. 222/1929, prescribed:

Article 1

The rules of procedure for the courts of I. and II. instance (GEO.), Federal Law Gazette No. 264/1951, as last amended by regulation Federal Law Gazette II No. 262/2012, is amended as follows:

1. in article 23, paragraph 1, the phrase "on the 24th and 31st December from 7:30 until 13:30" is replaced by the half-sentence "on December 24 from 7:30 to 12:30 and from 7:30 to 13:30 on December 31".

2. in article 29, paragraph 3 lit. j is replaced by the phrase "The auditor and the auditor." the phrase "of the cost audit officials (district auditor and Auditor at the Court of appeal).".

3. para 1 and 2 are § 280; following paragraph 1a, 2a and 2B are inserted:

"(1) the President, or the President of the higher regional court ordered civil servants and officials of the upscale service (§ 29 para 3 lit. (j) as verifiers and Auditors. The verifiers and Auditors are assigned to the respective Oberlandesgericht - without prejudice to the tasks conferred upon them - dienst - and organization-legally and carry out the examination and the continuous control of the Court of appeal, in which they are appointed, as well as the subordinate courts I. instance and district courts. In addition, they can be used also to examination papers at the Supreme Court, as well as in the area of the public prosecutor's Office. The verifiers and auditors of the Oberlandesgericht Wien, perform the check at the insertion point.

(1a) in assessing and reporting the verifiers and Auditors have to proceed uniformly. The activities of verifiers and Auditors is to capture (section 366) register.

(2) the President or the President of the higher regional court of exercising the supervision and the supervision of verifiers and Auditors and perceives the current controlling. In the context of the Business Division for the Affairs of the administration of justice the respective Oberlandesgericht (§ 43 of the Court Organization Act, RGBl. No. 217/1896) can exercise this administrative and professional supervision be transferred one or one appointed judge or judge in the relevant Court of appeal.

(2a) distributed accordingly to be considered the performance of representation duties and the entrustment with other tasks the verifiers and Auditors tasks assigned by you or to adopt him Business Division so in advance under the Act and Auditors, that total a uniform load of verifiers and Auditors is reached, where the President or the President of the higher regional court or the commissioned judge or the supervisory judge (para. 2).

(2B) as location of an auditor or an auditor within the meaning of the travel fees provision in 1955, BGBl. No. 133, the seat of that Court (the Prosecutor) is by the President or by the President of the higher regional court to determine where the auditor or the auditor each predominantly operates. "

4. § 282 para 3 and 4 are:

"(3) on the check results in consideration of lit. b of § 281 para 1 has immediately after completed examination in court a protocol in duplicate to make the auditor or the Auditor, which can be signed by the auditor or the auditor as well as head, or head and the chief accountant or the accounting officer of the audited departments. This Protocol is to connect the General report of the auditor or the Auditor on the carried out audit. This general report of the auditor or the auditor of the President or the President of the higher regional court and the head of the head of the audited is to present the case of a report on the audit of the President by a District Court or the President of the Court of justice I. instance. The report is to take to the judicial administration Act by the head or the head of the audited departments. The head or the head of the audited Department has to take the necessary measures and to report in the way of service to the President or the President of the higher regional court.

(4) up to the President or the President of the higher regional court will refund a report to the Ministry of Justice about the perceptions about the service and supervision of the personnel situation 31 March of the following year and were carried out activities in the framework of education and training, as well as about the contacts with other institutions in the past year. In the report are to identify and to implement any suggestions for the scope of the Act and the Auditors. fee abnormalities"

5. § 283 paragraph 1 to 3 are:

"(1) the authority granted according to statutory provisions for checking the witnesses, experts, and Dometschergebühren may refer to:"



1. If the Supreme Court decides, the auditor or the auditor of the higher regional court of Vienna;

2. If the Court decides, the auditor or the auditor of this Oberlandesgericht;

3. If the Chief State Prosecutor or an other public prosecutor's Office decides, the auditor or the auditor of the Oberlandesgericht, in whose jurisdiction is located the headquarters of the public prosecutor's Office;

4. otherwise the auditor or the auditor of the parent behavior.

(2) the auditor or the auditor when determining witness fees perceives error of fundamental nature (for example incorrect interpretations of regulations and tariffs), so he or she has the or of the servants, or that is determining transfer witnesses fee, to prevent a repeat of this error by appropriate instruction. Detected mistakes in several courts of the District of the Oberlandesgericht to the auditor or the auditor has to report about the President or the President of the higher regional court. Such errors occur most frequently instance courts of the District of a Court of Justice I so the auditor or the auditor has to report about the President or the President of the Court of justice I. instance.

(3) the auditor or the auditor to review the fees (para. 1) is authorized copies or counterparts of business pieces are so (their) seat her or him by connecting the files through the inlet point of the Court (the public prosecutor), to which the auditor or the auditor has her or his place of employment within the meaning of the travel fees provision in accordance with § 280 para 2 b, to deliver. With the date of Eingangsvermerks of the inlet body (section 102 paragraph 1) is considered the copy or the same font of the business piece of the auditor or the auditor delivered. The transmission has to be made when received the fee request before bringing of indictment, but otherwise by the Court by the public prosecutor's Office."

6 section 283a is together with the heading:

"Review of legal aid

section 283a. The auditor or the Auditor that to the review of decisions in terms of procedural assistance authorized, are copies or counterparts of the respective decision, as well as the recourses, however, collected by connecting the files through the inlet point of the Court at its seat the auditor or the Auditor, her or his place of employment within the meaning of the travel fees provision in accordance with § 280 para 2 b has to deliver. the transmission of the entire Act can be omitted, if the ordinary procedure is to be continued during the period of the auditor or the Auditor regarding the appeal collection or-beantwortung and the file parts necessary to verify the material and legal situation in illumination be connected to the application - specific for the auditor or the Auditor, decision or appeal the same font. "With the date of Eingangsvermerks of the inlet body (section 102 paragraph 1) is considered the copy or the same font of the business piece of the auditor or the auditor delivered."

7. in article 343 paragraph 2, the word "Department" is replaced by "Custody Department" and the phrase "the auditor at the Court of appeal" by the phrase "The auditor or the auditor".

8. in article 365, paragraph 1 the phrase is omitted "SR for the decisions submitted to the district Auditors on expert fees: No. 109;"

9. in section 366, the phrase is "SR for the submitted to the auditor at the higher regional court decisions on expert fees: No. 109;" by the phrase "SR for things of the verifiers and Auditors: No. 109;" replaced.

10 § 477 is together with the heading:

"477. (1) the Act and Auditors (section 280) have to write sent them decisions (§ § 283 and 283a) in the SR register (section 366).

(2) in the remarks column, it must be entered depending on the location of the individual case:



1. no recourse (kR), 2 appeals (re) and whose success is taken.

(3) the thing is no. 1 immediately in the case of paragraph 2, to paint 2 after completion of the appeal and registration the registration in the remarks column in the case of para. 2 Z.

(4) in the remarks column, also the name of the auditor or the auditor is to note, has edited the thing.


"(5) in the appeal (section 520 ZPO) is to install the file number in parentheses, next to the name of the appellant or the appellant's example: ' Republic of Austria, represented by the auditor or the Auditor (SR 6/2012)'."

 

Article 2

Entry into force

This Regulation shall enter into force 1 December 2012.

Karl