Civil Procedure Code (CPC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Title 1 Subject Matter and Scope of Application
Art. 1 Subject matter
This Code governs the proceedings before the cantonal authorities for: a. contentious civil matters; b. court orders in non-contentious matters; c. court orders in matters of debt enforcement and bankruptcy law; d. arbitration.
Art. 2 International matters
The provisions of international treaties and of the Federal Act of 18 December 1987 on Private International Law (PILA) are reserved.
RS 291
Art. 3 Organisation of the courts and the conciliation authorities
The organisation of the courts and the conciliation authorities is in the competence of the cantons, unless the law provides otherwise.
Title 2 Jurisdiction of the Courts and Recusal
Chapter 1 Material Jurisdiction and Functional Jur
Art. 4 Principles
1 Cantonal law governs the material jurisdiction and functional jurisdiction of the courts, unless the law provides otherwise. 2 If the material jurisdiction depends on the value in dispute, such value is calculated according to this Code.
Art. 5 Court of sole cantonal instance
1 The cantonal law designates the court that has jurisdiction as sole cantonal instance for: a. disputes in connection with intellectual property rights, including disputes concerning the nullity, ownership, licensing, transfer and violation of such rights; b. cartel law disputes; c. disputes on the use of a business name; d. disputes under the Unfair Competition Act of 19 December 1986 if the value in dispute exceeds 30,000 francs or if the Confederation exercises its right to file an action; e. disputes under the Nuclear Energy Public Liability Act of 13 June 2008; f. actions against the Confederation, provided the value in dispute exceeds CHF 30,000; f. claims against the Confederation; g. disputes relating to the instigation and conduct of a special investigation in accordance with Articles 697c–697hbis of the Code of Obligations (CO); h. disputes under the Collective Investment Schemes Act of 23 June 2006, the Financial Market Infrastructure Act of 19 June 2015 and the Financial I
Para. 1 let. d — SR 241 Para. 1 let. e — Amended by Annex 2 No 1, in force since 1 Jan. 2022 (AS 2010 1739; BBl 2006 7221; AS 2022 43; BBl 2007 5397). Para. 1 let. e — SR 732.44 Para. 1 let. f — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 let. g — Amended by Annex No 3 of the FA of 19 June 2020 (Company Law), in force since 1 Jan. 2023 (AS 2020 4005; 2022 109; BBl 2017 399). Para. 1 let.
Art. 6 Commercial court
1 The cantons may designate a special court that has jurisdiction as sole cantonal instance for commercial disputes (commercial court). 2 A dispute is considered commercial, if: a. it concerns the commercial activity of at least one party; b. the value in dispute exceeds CHF 30,000 or the dispute is not a property dispute; c. the parties are registered as legal entities in the Swiss Commercial Register or in an equivalent foreign register; and d. it is not a dispute arising from a employment relationship, under the Recruitment Act of 6 October 1989, under the Gender Equality Act of 24 March 1995, or relating to the renting or leasing of residential and commercial premises or to agricultural leases. 3 If only the defendant is registered as a legal entity in the Swiss Commercial Register or in an equivalent foreign register, but all the other conditions are met, the plaintiff may choose between the commercial court and the ordinary court. 4 The cantons may also assign to the commercial c
Para. 2 let. b — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 let. c — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 let. d — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 le
Art. 7 Disputes concerning insurance supplementary to social health insurance
The cantons may designate a court that has jurisdiction as sole cantonal instance for disputes relating to insurance supplementary to social health insurance under the Federal Act of 18 March 1994 on Health Insurance.
SR 832.10
Art. 8 Direct action before the higher court
1 If in a financial dispute the value in dispute is at least CHF 100,000, the plaintiff may, with the consent of the defendant, file its action directly before the higher court. 2 This court decides as the sole cantonal instance. It is also responsible for ordering interim measures before an action becomes pending.
Para. 2 — Second sentence inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Chapter 2 Territorial Jurisdiction
Section 1 General Provisions
Art. 9 Mandatory jurisdiction
1 A place of jurisdiction is mandatory only if the law expressly so provides. 2 Parties may not derogate from a mandatory place of jurisdiction.
Art. 10 Domicile and registered office
1 Unless this Code provides otherwise, the following court has jurisdiction: a. for actions against a natural person: the court at the person's domicile; b. for actions against legal entities, public corporations and institutions as well as general partnerships and limited partnerships: the court at the location of their registered office; c. for actions against the Confederation: the court in the City of Bern or the court where the plaintiff's domicile, registered office or habitual residence is located; c. for actions against the Confederation: the Supreme Court of the Canton of Bern or the supreme court of the canton where the plaintiff's domicile, registered office or habitual residence is located; d. for actions against a canton: a court in the canton's capital. 2 Domicile is determined in accordance with the Civil Code (CC). Article 24 CC does not apply.
Para. 1 let. c — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — SR 210
Art. 11 Residence
1 If the defendant has no domicile, the court at his or her habitual residence has jurisdiction. 2 A habitual residence is the place where a person lives for a certain period of time, even if that period is limited from the outset. 3 If the defendant has no habitual residence, the court at his or her last known place of residence has jurisdiction.
Art. 12 Establishment
For actions arising out of the commercial or professional activity of an establishment or branch, the court at the defendant's domicile or registered office or at the location of the establishment has jurisdiction.
Art. 13 Interim measures
Unless the law provides otherwise, the following court has mandatory jurisdiction to order interim measures: a. the court that has jurisdiction to decide the main action; or b. the court at the place where the measure is to be enforced.
Art. 14 Counterclaim
1 A counterclaim may be filed in the court that has jurisdiction over the main action, provided the counterclaim has a factual connection with the main action. 2 This place of jurisdiction subsists even if the main action is dismissed for whatever reason.
Art. 15 Joinder of parties and joinder of actions
1 If an action is directed against two or more defendants, the court that has jurisdiction with regard to one defendant has jurisdiction with regard to all defendants unless jurisdiction is based solely on an agreement on jurisdiction. 2 If two or more actions that are factual connected are raised against one and the same defendant, each court that has jurisdiction over any one of the actions has jurisdiction over all of them.
Art. 16 Third party action
The court that has jurisdiction to decide the main action also decides on the third-party action.
Art. 17 Agreement on jurisdiction
1 Unless the law provides otherwise, the parties may agree on which court has jurisdiction over an existing or future dispute arising from a particular legal relationship. Unless the agreement provides otherwise, the action may only be brought before agreed court. 2 The agreement must be in writing or in any other form allowing it to be evidenced by text.
Art. 18 Acceptance by appearance
Unless the law provides otherwise, the seised court has jurisdiction if the defendant enters an appearance on the merits without objecting to the court's jurisdiction.
Art. 19 Non-contentious matters
Unless the law provides otherwise, the court or authority at the domicile or registered office of the applicant has mandatory jurisdiction over non-contentious matters.
Section 2 Law of Persons
Art. 20 Protection of personal privacy and data protection
The court at the domicile or registered office of either of the parties has jurisdiction to decide on: a. actions based on an invasion of the personal privacy; b. requests for a right of reply; c. actions for name protection and actions challenging a name change; d. actions and requests under the Data Protection Act of 25 September 2020 (FADP).
let. d — Amended by Annex 1 No II 24 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). let. d — SR 235.1
Art. 21 Declaration of death and declaration of presumed death
The court at the last known domicile of the missing person has mandatory jurisdiction over applications relating to a declaration of death or declaration of presumed death (Art. 34 to 38 CC).
SR 210
Art. 22 Modification of the civil register
For actions concerning the modification of the civil register, the court of the district in which the entry to be modified was made or should have been made has mandatory jurisdiction.
Section 3 Family Law
Art. 23 Applications and actions based on marital law
1 The court at the domicile of either of the parties has mandatory jurisdiction over applications and actions based on marital law as well as applications for interim measures. 2 The court at the domicile of the debtor has mandatory jurisdiction over applications for separation of property by the supervisory authority in debt enforcement and bankruptcy matters.
Art. 24 Applications and actions in registered partnership matters
The court at the domicile of one of the parties has mandatory jurisdiction over applications and actions in matters of registered partnerships as well as requests for interim measures.
Art. 25 Actions relating to parent-child relationships
The court at the domicile of one of the parties has mandatory jurisdiction over actions to declare or contest a parent-child relationship.
Art. 26 Actions for maintenance and assistance
The court at the domicile of either of the parties has mandatory jurisdiction over separate actions claiming maintenance brought by children against their parents or for actions against relatives with an obligation to provide assistance.
Art. 27 Claims of the unmarried mother
The court at the domicile of either of the parties has mandatory jurisdiction over the claims of the unmarried mother.
Section 4 Law of Succession
Art. 28
1 The court at the last domicile of the deceased has jurisdiction over actions under the law of succession as well as actions for the division of the marital property on the death of a spouse or a registered partner. 2 The authorities at the last domicile of the deceased have mandatory jurisdiction over measures in connection with succession. If death did not occur at the domicile, the authorities at the place of death shall notify the authorities at the place of domicile and take the necessary measures to ensure the conservation of the assets situated at the place of death. 3 Independent actions for the allocation on death of an agricultural enterprise or agricultural land may also be brought before the court at the place where the property is located.
Section 5 Property Law
Art. 29 Immovable property
1 The court at the place where a property is or should be recorded in the land register has jurisdiction to decide on: a. actions in rem; b. actions against the community of condominium owners; c. actions for the registration of statutory charges on immovable property. 2 Other actions relating to immovable property rights may also be brought before the court at the domicile or registered office of the defendant. 3 If an action concerns multiple properties or if a property is recorded in the land register of several districts, the court where the largest property or the largest part of the property is situated has jurisdiction. 4 In non-contentious matters relating to immovable property rights, the court at the place where the property is or should be recorded in the land register has mandatory jurisdiction.
Art. 30 Chattels
1 For actions relating to rights in rem or possession of chattels or claims secured by charges on chattels, the court at the domicile or registered office of the defendant or at the place where the item is located has jurisdiction. 2 In non-contentious matters, the court at the domicile or registered office of the applicant or with the court at the place where the item is located has mandatory jurisdiction.
Section 6 Actions in Contract
Art. 31 Principle
The court at the domicile or registered office of the defendant or at the place where the characteristic performance must be rendered has jurisdiction over actions related to contracts.
Art. 32 Consumer contracts
1 The following court has jurisdiction in disputes concerning consumer contracts: a. for actions brought by the consumer: the court at the domicile or registered office of one of the parties; b. for actions brought by the supplier: the court at the domicile of the defendant. 2 Consumer contracts are contracts on supplies for ordinary consumption intended for the personal use of the consumer or his family and offered by the other party in the course of its professional or commercial activity.
Art. 33 Tenancy and lease of immovable property
The court at the place where the immovable property is situated has jurisdiction to decide actions based on a contract for the tenancy or lease of immovable property.
Art. 34 Employment Law
1 The court at the domicile or registered office of the defendant or where the employee normally carries out his or her work has jurisdiction to decide actions relating to employment law. 2 If a job applicant or an employee brings an action based on the Recruitment Act of 6 October 1989, the court at the place of the business establishment of the recruitment or hiring agent with whom the contract was concluded also has jurisdiction.
Para. 2 — SR 823.11
Art. 35 Waiver of statutory jurisdiction
1 The following persons may not waive the jurisdiction provided for in Articles 32 to 34, whether in by advance agreement or by entering appearance: a. the consumer; b. the tenant or lessee of a residential or business property; c. the farmer in case of agricultural farm leases; d. the person seeking employment or the employee. 2 The conclusion of an agreement on jurisdiction after the emergence of the dispute is reserved.
Section 7 Actions in Tort
Art. 36 Principle
The court at the domicile or registered office of the aggrieved person or the defendant, or where the act occurred or had its effect has jurisdiction over actions in tort.
Art. 37 Damages for unjustified interim measures
The court at the domicile or registered office of the defendant or at the place where the measures have been ordered has jurisdiction to decide actions for damages resulting from unjustified interim measures.
Art. 38 Motor vehicle and bicycle accidents
1 The court at the domicile or registered office of the defendant or at the place of the accident has jurisdiction to decide actions resulting from motor vehicle and bicycle accidents. 2 Actions against the Swiss National Bureau of Insurance (Art. 74 of the Road Traffic Act of 19 December 1958; RTA) or against the Swiss National Guarantee Fund (Art. 76 RTA) may also be brought before the court at the place of any branch of such institutions.
Para. 2 — SR 741.01
Art. 38a Nuclear damage
1 In the case of actions arising from nuclear incidents, the court in the canton where the incident took place has mandatory jurisdiction. 2 If there is any uncertainty as to which canton this is, the court in the canton where the nuclear installation of the liable proprietor is located has mandatory jurisdiction. 3 If two or more courts have jurisdiction in accordance with these rules, the court in the canton that is most closely linked to the incident and which is most seriously affected by it has mandatory jurisdiction.
Art. 38a — Inserted by Annex 2 No 1, in force since 1 Jan. 2022 (AS 2010 1739; BBl 2006 7221; AS 2022 43; BBl 2007 5397).
Art. 39 Incidental civil claim
The competence of the criminal court to decide incidental civil actions is reserved.
Section 8 Commercial Law
Art. 40 Company law and the commercial register
1 The court at the domicile or registered office of the defendant or the court at the registered office of the company has jurisdiction to decide actions concerning liability in company law. 2 The court at the last registered office of the deleted legal entity has mandatory jurisdiction over the reinstatement of a deleted legal entity in the commercial register.
Art. 40 — Amended by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617). Para. 2 — Inserted by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617).
Art. 41
Repealed by No II 1 of the FA of 28 Sept. 2012, with effect from 1 May 2013 (AS 2013 1103; BBl 2011 6875).
Art. 42 Mergers, demergers, transformations, transfers of assets and liabilities
The court at the registered office of one of the involved entities has jurisdiction to decide actions relating to the Mergers Act of 3 October 2003.
SR 221.301
Art. 43 Cancellation of securities and insurance policies, injunction against payment
1 The court at the registered office of the company has mandatory jurisdiction to declare the cancellation of shares. 2 The court at the place where the immovable property is recorded in the land register has mandatory jurisdiction to declare the cancellation of mortgage instruments. 3 The court at the domicile or registered office of the debtor has mandatory jurisdiction to declare the cancellation of other securities and insurance policies. 4 The court at the place of payment has mandatory jurisdiction to issue injunctions against payment under a bill of exchange or cheque and to declare their cancellation.
Art. 44 Bonds
The place of jurisdiction for the authorisation to convene a creditors' meeting is governed by Article 1165 CO.
SR 220
Art. 45 Collective investment schemes
The court at the registered office of the concerned licence holder has mandatory jurisdiction to decide on actions brought by the investors or the representative of the community of investors.
Section 9 Debt Enforcement and Bankruptcy Law
Art. 46
The place of jurisdiction for actions under the Federal Act of 11 April 1889 on Debt Enforcement and Bankruptcy (DEBA) is determined by this chapter unless the DEBA provides for a place of jurisdiction.
SR 281.1
Chapter 3 Recusal
Art. 47 Grounds for recusal
1 Judges and judicial officers shall recuse themselves if: a. they have a personal interest in the case; b. they have acted in the same case in another capacity, in particular as member of an authority, legal agent, expert witness, witness or mediator; c. they are or were married to, or live or lived in a registered partnership or co-habit with a party or his or her representative or a person who has acted in the same case as a member of the lower court; d. they are related to a party by birth or marriage in direct line or in collateral line up to the third degree; e. they are related by birth or marriage in direct line or in collateral line up to the second degree to the representative of a party or a person who has acted in the same case as a member of the lower court; f. they may not be impartial for other reasons, notably due to friendship or enmity with a party or his or her representative. 2 Involvement in the following, in particular, is in itself no reason for recusal: a. the d
Para. 2 let. c — SR 281.1
Art. 48 Duty to provide information
The judge or judicial officer concerned shall make a timely disclosure of any possible reason for recusal and shall recuse him- or herself voluntarily if he or she considers that such reason exists.
Art. 49 Application for recusal
1 A party that wishes to challenge a judge or judicial officer must file the corresponding application as soon as it has become aware of the reason for recusal. It must show credibly the facts that justify the challenge. 2 The judge or judicial officer concerned shall respond to the application.
Art. 50 Decision
1 If the reason given for recusal is disputed, the court shall decide. 2 An objection may be filed against the decision.
Art. 51 Consequences of violating the regulations on recusal
1 Procedural acts in which a person obliged to recuse him- or herself has participated must be annulled and repeated if a party so requests within 10 days of becoming aware of the reason for recusal. 2 If the taking of evidence cannot be repeated, the relevant evidence may be taken into consideration by the deciding court. 3 If a reason for recusal is detected only after the close of the proceedings and if no other legal remedy is still available, the provisions on review apply.
Para. 3 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 3 Procedural Principles and Procedural Requi
Chapter 1 Procedural Principles
Art. 52 Acting in good faith
1 All those who participate in proceedings must act in good faith. 2 Incorrect instructions on appellate remedies are effective in relation to all courts to the extent that they are advantageous to the party invoking them.
Para. 2 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 53 Right to be heard
1 The parties have the right to be heard. 2 They have in particular the right to consult the case files and to obtain copies thereof provided this does not conflict with overriding public or private interests. 3 They may comment on all submissions made by the opposing party. The court shall set them a deadline of at least ten days to do so. If the deadline expires unused, it shall be assumed that the parties do not wish to comment.
Para. 3 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 54 Publicity
1 Hearings and any oral passing of judgment shall be conducted in public. The decisions are made accessible to the public. 2 Cantonal law determines whether the deliberations are public. 3 Proceedings may be held completely or partially in camera when required by public interest or by the legitimate interests of a person involved. 4 Family law proceedings are not conducted in public.
Art. 55 Principles of production of evidence and of ex-officio investigation
1 The parties must present the court with the facts in support of their case and submit the related evidence. 2 Statutory provisions relating to the ex-officio establishment of facts and taking of evidence are reserved.
Art. 56 Court's duty to enquire
If a party's submissions are unclear, contradictory, ambiguous or manifestly incomplete, and the court shall give the party the opportunity to clarify or complete the submission by asking appropriate questions.
Art. 57 Ex-officio application of the law
The court applies the law ex-officio.
Art. 58 Principles of non ultra petita and ex-officio assessment
1 The court may not award a party anything more than or different from what the party has requested, nor less than what the opposing party has acknowledged. 2 The statutory provisions under which the court is not bound by the parties' requests are reserved.
Chapter 2 Procedural Requirements
Art. 59 Principle
1 The court shall consider an action or application provided the procedural requirements are satisfied. 2 Procedural requirements are in particular the following: a. the plaintiff or applicant has a legitimate interest; b. the court has subject matter and territorial jurisdiction; c. the parties have the capacity to be a party and the capacity to take legal action; d. the case is not the subject of pending proceedings elsewhere; e. the case is not already the subject of a legally-binding decision; f. the advance and security for costs have been paid.
Art. 60 Verification of compliance with the procedural requirements
The court shall examine ex-officio whether the procedural requirements are satisfied.
Art. 61 Arbitration agreement
If the parties have concluded an arbitration agreement relating to an arbitrable dispute, the seised court shall declines jurisdiction unless: a. the defendant has made an appearance without reservation; b. the court holds that the arbitration agreement is manifestly invalid or unenforceable; or c. the arbitral tribunal cannot be constituted for reasons that are manifestly attributable to the defendant in the arbitration proceedings.
Title 4 Pendency and Effects of Withdrawal of the
Art. 62 Start of pendency
1 A case becomes pending when an application for conciliation, an action, an application, or a joint request for divorce is filed. 2 Confirmation of receipt of such submissions shall be issued to the parties.
Art. 63 Pendency where the court has no jurisdiction or the procedure is incorrect
1 If a submission that has been withdrawn or rejected due to lack of jurisdiction is filed again with the competent conciliation authority or court within one month of withdrawal or the declaration of non-admissibility, or if it is forwarded in accordance with Article 143 paragraph 1bis, the date of the first filing is deemed to be the date of pendency. 2 The same applies if the claim was not filed under the proper procedure. 3 The special statutory deadlines for filing actions under the DEBA are reserved.
Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3 — SR 281.1
Art. 64 Effects of pendency
1 The pendency of an action has in particular the following effects: a the subject matter of the dispute may not be made pending elsewhere between the same parties; b. the territorial jurisdiction of the court is maintained. 2 When compliance with statutory deadline under private law depends on the date of the statement of claim, of raising an action or of another act initiating legal proceedings, the relevant moment is that of pendency in accordance with this Code.
Art. 65 Effects of withdrawal
Any person who withdraws an action before the competent court may not bring proceedings again against the same party on the same subject matter if the court has already served the statement of claim on the defendant and the defendant does not consent to its withdrawal.
Title 5 Parties and Participation of Third Parties
Chapter 1 Capacity to be a Party and Capacity to t
Art. 66 Capacity to be a party
The capacity to be a party is subject to legal capacity or the qualification as a party by virtue of federal law.
Art. 67 Capacity to take legal action
1 Any person who has the capacity to act has the capacity to take legal action. 2 A person without capacity to act may act through his legal representative. 3 Provided a person without the capacity to act has the capacity to consent, he or she may: a. independently exercise those rights conferred by virtue of his or her personality; b. temporarily take the acts necessary in cases of imminent danger.
Chapter 2 Representation of the Parties
Art. 68 Representation by agreement
1 Any person who has capacity to take legal action may choose to be represented in proceedings. 2 The following persons are allowed to act as professional representatives: a. in all proceedings: lawyers admitted to represent parties before Swiss courts under the Lawyers Act of 23 June 2000; b. before the conciliation authorities, in financial disputes under the simplified procedure and in cases under the summary procedure: licensed administrators and legal agents if provided for by cantonal law; c. in cases under the summary procedure in accordance with Article 251 of this Code: professional representatives under Article 27 DEBA; d. before the special courts for tenancy matters and for employment matters: professionally qualified representatives if provided for by cantonal law. 3 The representative must prove his or her authority by power of attorney. 4 The court may order the personal appearance of a represented party.
Para. 2 let. a — SR 935.61 Para. 2 let. c — SR 281.1
Art. 69 Inability to appear
1 If a party is manifestly unable to appear, the court may invite that party to appoint a representative. If the party does not comply within the set deadline, a representative shall be appointed by the court. 2 The court shall notify the Adult and Child Protection Authority if protective measures are deemed necessary.
Para. 2 — Amended by Annex 2 No 3 of the FA of 19 Dec. 2008, in force since 1 Jan. 2013 (AS 2010 1739, 2011 725; BBl 2006 7221 7001).
Chapter 3 Joinder of Parties
Art. 70 Mandatory joinder
1 If two or more persons are in a legal relationship that calls for one single decision with effect for all of them, they must jointly appear as plaintiffs or be sued as joint defendants. 2 Procedural acts duly carried out by one of the joint parties are likewise effective for the others, with the exception of challenging a decision.
Art. 71 Voluntary joinder
1 Two or more persons may jointly appear as plaintiffs or be sued as joint defendants provided: a. rights and duties resulting from similar circumstances or legal grounds are to be assessed; b. the individual cases are not subject to different types of procedure; and c. the same court has material jurisdiction. 2 Each of the joint parties may proceed independently from the others.
Art. 71 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 72 Joint representation
The joint parties may appoint a joint representative, failing which service is made to each party individually.
Chapter 4 Third Party Intervention
Section 1 Principal Intervention
Art. 73
1 Any person who claims to have a better right in the object of a dispute, to the total or partial exclusion of both parties, may bring a claim directly against both parties in the court in which the dispute is pending in first instance. 2 The court may either suspend the proceedings until the case of the principal intervenor is finally concluded, or join the two cases.
Section 2 Accessory Intervention
Art. 74 Principle
Any person who shows a credible legal interest in having a pending dispute decided in favour of one of the parties may intervene at any time as an accessory party and for this purpose submit to the court an intervention application.
Art. 75 Application
1 The application for intervention shall indicate the reasons for intervention and the party in whose favour the intervention is made. 2 The court decides on the application after hearing the parties. An objection may be filed against the decision.
Art. 76 Rights of the Intervenor
1 The intervenor may carry out any procedural acts in support of the principal party, provided they are permitted at the relevant stage of the proceedings; he or she may in particular make use of any offensive or defensive measures and also seek appellate remedies. 2 The procedural acts of the intervenor shall not be taken into consideration in the proceedings if they are contradictory to those of the principal party.
Art. 77 Effect of intervention
A result that is unfavourable to the principal party is effective against the intervenor, unless: a. the state of the proceedings at the moment of intervention or the acts or omissions of the principal party have prevented the intervenor from making use of offensive or defensive measures; or b. the principal party has failed, wilfully or through gross negligence, to make use of offensive or defensive measures of which the intervenor was not aware.
Chapter 5 Third-Party Notice and Third-Party Actio
Section 1 Third-Party Notice
Art. 78 Principles
1 A party may notify a third party of the dispute if, in the event of being unsuccessful, he or she might take recourse against or be subject to recourse by a third party. 2 The notified third party may also give notice of the dispute.
Art. 79 Standing of the third party
1 The notified third party may: a. intervene in favour of the notifying principal party, without further conditions; or b. proceed in place of the notifying principal party, with the consent of the latter. 2 If the notified third party refuses to intervene or does not answer the notification, the proceedings shall continue without considering the third party.
Art. 80 Effects of notice
Article 77 applies by analogy.
Section 2 Third-Party Action
Art. 81 Principles
1 The notifying party may assert the rights that he or she believes, in the event that he or she is unsuccessful, he or she will have against the notified party instituting the dispute or that it fears the notified party may have against it before the court hearing the main action, provided that: a. the claims are factually related to the main action; b. the court has material jurisdiction; and c. the main action and the claims are to be assessed in ordinary proceedings. 2 The notified third party may not bring a further third-party action. 3 …
Para. 1 let. c — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 3 — Repealed by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), with effect from 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 82 Procedure
1 The request for the third-party action to be admitted must be made with the answers or the reply in the main proceedings. The notifying party shall set out the prayers to be raised against the third party together with a brief statement of the grounds. They shall not be quantified if they relate to the same contractual performance to which the notified party is obliged in the main proceedings. 2 The court shall give the opposing party and the third party the opportunity to respond. 3 If the third-party action is admitted, the court shall determine the time and extent of the related exchange of written submissions, subject to Article 125. 4 An objection may be filed against the decision to admit the third-party action.
Para. 1 — Third sentence inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Chapter 6 Substitution of a Party
Art. 83
1 If the object in dispute is alienated in the course of the proceedings, the acquirer may take up the proceedings in place of the alienating party. 2 The substitute party is liable for the entire costs of the proceedings. The retiring party is jointly and severally liable for the costs incurred until the substitution. 3 In justified cases, the substituting party must, if so requested by the opposing party, provide security to guarantee the enforcement of the decision. 4 In the absence of alienation of the object in dispute, the substitution of a party is permitted only with the consent of the opposing party; special legal provisions on the legal succession are reserved.
Title 6 Actions
Art. 84 Action for performance
1 By filing an action for performance, the plaintiff demands that the defendant be ordered to do, refrain from doing or tolerate something. 2 In an action for the payment of money, the amount must be specified.
Art. 85 Action for an unquantified debt
1 If it is impossible or unreasonable to quantify the amount of the debt at the start of the proceedings, the plaintiff may bring an action for an unquantified debt. However, the plaintiff must indicate a minimal amount as a provisional value in dispute. 2 Once evidence is taken or the required information furnished by the parties or third parties, the court shall set a deadline for the parties to quantify their claim. The seised court maintains competence even if the value in dispute exceeds its material jurisdiction.
Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 86 Partial action
If a claim is divisible, an action for part of the claim may be brought.
Art. 87 Action to modify a legal relationship
By filing an action to modify a legal relationship, the plaintiff demands the creation, modification or dissolution of a specific right or legal relationship.
Art. 88 Action for a declaratory judgment
By filing an action for a declaratory judgment, the plaintiff demands that the court establish that a right or legal relationship exists or does not exist.
Art. 89 Group action
1 Associations and other organisations of national or regional importance that are authorised by their articles of association to protect the interests of a certain group of individuals may bring an action in their own name for a violation of the personality of the members of such group. 2 They may request the court: a. to prohibit an imminent violation; b. to put an end to an ongoing violation; c. to establish the unlawful character of a violation if the latter continues to have a disturbing effect. 3 Special legal provisions on group actions are reserved.
Art. 90 Combination of actions
1 The plaintiff may combine two or more claims against the same party in one action, if: a. they are within the material jurisdiction of the same court; and b. they are subject to the same type of procedure. 2 The combination of actions is also permitted if a difference in material jurisdiction or type of proceedings is based solely on the value in dispute. If different types of proceedings apply to the individual claims, they shall be assessed together in the ordinary proceedings.
Para. 2 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 7 Value in Dispute
Art. 91 Principle
1 The value in dispute is determined by the prayers for relief. Interest, costs of the ongoing proceedings or a possible publication of the decision and the value of possible subsidiary claims are not taken into account. 2 If the prayers for relief do not specify a sum of money, the court shall determine the value in dispute if the parties are unable to reach an agreement or if the information they provide is manifestly incorrect.
Art. 92 Recurring usage or services
1 Recurring usage or services have the value of the capital they represent. 2 If the duration of the recurring usage or services is unknown or indefinite, the annual usage or services multiplied by twenty is deemed to be the value of the capital; in case of a life annuity, the amount of the capital corresponds to the actual cash value.
Art. 93 Joinder of parties and joinder of actions
1 In the event of the voluntary joinder of parties or joinder of actions, the values of the claims are added together insofar as they are not mutually exclusive. 2 In case of permissive joinder of parties, the type of procedure for each claim is maintained despite the addition of their values.
Art. 94 Counterclaim
1 In the case of an action and counterclaim, the value in dispute is determined by the action with the higher value. 2 For the purpose of determining the costs, the values of the action and the counterclaim are added together insofar as they are not mutually exclusive. 3 If the main action is a partial action, the legal costs are calculated solely on the basis of the value in dispute in the main action.
Para. 3 — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 94a Group action
In the case of a group action, if the parties are unable to agree on the value in dispute, or if the value they put forward is obviously incorrect, the court shall determine the value in dispute in accordance with the interests of the individual members of the group of persons concerned and the importance of the case.
Art. 94a — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 8 Costs and Legal Aid
Chapter 1 Procedural Costs
Art. 95 Definitions
1 The procedural costs are: a. the court costs; b. the party costs. 2 The court costs are: a. the fee for the conciliation proceedings; b. the fee for the decision (judgment fee); c. the costs of taking evidence; d. the costs of translation; e. the costs of representation for a child (Art. 299 and 300). 3 The party costs are: a. the reimbursement of necessary outlays; b. the costs of professional representation; c. in justified cases: reasonable compensation for personal expenses if a party is not professionally represented.
Art. 96 Tariffs and right of representatives to party costs
1 The cantons set the tariffs for the procedural costs. The fee regulations pursuant to Article 16 paragraph 1 DEBA remain reserved. 2 The cantons may provide that the lawyer has an exclusive claim to the fees and expenses awarded as party costs.
Art. 96 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 1 — SR 281.1
Art. 97 Advice on procedural costs
The court shall advise a party without legal representation on the costs to be expected and on legal aid.
Art. 98 Advance payment of costs
1 The court or the conciliation authority may demand that the plaintiff make an advance payment not exceeding one half of the expected court costs. 2 It may request an advance payment not exceeding the total estimated court costs in the following cases: a. proceedings under Article 6 paragraph 4 letter c and Article 8; b. conciliation proceedings; c. summary proceedings, with the exception of interim measures under Article 248 letter d and family law disputes under Articles 271, 276, 302 and 305; d. appellate proceedings.
Art. 98 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 99 Security for party costs
1 At the request of the defendant, the plaintiff must provide security for party costs: a. if he or she has no residence or registered office in Switzerland; b. if he or she appears to be insolvent, notably if he or she has been declared bankrupt or is involved in ongoing composition proceedings or if certificates of unpaid debts have been issued; c. if he or she owes costs from prior proceedings; or d. if for other reasons there seems to be a considerable risk that the compensation will not be paid. 2 In the case of mandatory joinder, security must be provided only if each party fulfils one of the above-mentioned conditions. 3 No security need be provided: a. in simplified proceedings, with the exception of financial disputes under Article 243 paragraph 1; b. in divorce proceedings; c. in summary proceedings, with the exception of the proceedings in clear cases (Art. 257); d. in proceedings relating to a dispute under the FADP.
Para. 3 let. d — Inserted by Annex 1 No II 24 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 3 let. d — SR 235.1
Art. 100 Nature and amount of security
1 Security may be provided in cash or in the form of a guarantee from a bank with a branch in Switzerland or from an insurance company authorised to operate in Switzerland. 2 The court may subsequently order the increase, reduction or return of the security.
Art. 101 Provision of advance and security
1 The court sets a deadline for the provision of the advance and the security. 2 It may order interim measures before the security is provided. 3 If the advance or security is not provided even within a period of grace, the action or application shall be declared inadmissible.
Art. 102 Advance for taking evidence
1 Each party shall advance the costs for taking the evidence that he or she requires. 2 If the parties offer the same evidence, each party shall advance half of the costs. 3 If one party fails to pay an advance, the other party may do so, failing which the evidence shall not be taken. Matters in which the court must establish the facts ex officio are reserved.
Art. 103 Appellate remedy
An objection may be filed against decisions relating to advances of costs and security.
Chapter 2 Allocation and Settlement of Procedural
Art. 104 Decision on costs
1 As a general rule, the court decides on the procedural costs in the final decision. 2 Where an interim decision is made (Art. 237), the procedural costs incurred up to that point may be allocated. 3 The decision on the procedural costs for interim measures may be deferred until the final decision on the merits. 4 If a case is referred back to a lower court, the higher court may leave it to the lower court to allocate the costs of the appellate proceedings.
Art. 105 Determination and allocation of costs
1 The court costs are determined and allocated ex officio. 2 The court awards party costs according to the tariffs (Art. 96). The parties may submit a statement of costs.
Art. 106 General principles of allocation
1 The costs are charged to the unsuccessful party. If an action is not admitted by the court or if it is withdrawn, the plaintiff is deemed to be the unsuccessful party; in the event of the acceptance of the claim it is the defendant. 2 If no party entirely is successful, the costs are allocated in accordance with the outcome of the case. 3 If three or more persons are participating in the proceedings as principal parties or accessory parties, the court shall determine each party's share of the costs according to the extent of their participation. In the case of mandatory joinder, it may decide that they are jointly and severally liable.
Para. 3 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 107 Discretionary allocation
1 The court may diverge from the general principles of allocation and allocate the costs at its own discretion: a. if an action has been upheld in principle but not the full amount claimed, and if the amount of the award was determined at the court's discretion or if the claim was difficult to quantify; b. if a party was caused to litigate in good faith; c. in family law proceedings; d. in proceedings relating to a registered partnership; e. if the proceedings are dismissed as groundless and the law does not provide otherwise; f. if there are other extraordinary circumstances that would result in an allocation according to the outcome of the case being inequitable. 1bis In the event of the dismissal of actions under company law for performance to the company, the court may at its discretion apportion the procedural costs between the company and the plaintiff. 2 Court costs that are not attributable to any party or third party may be charged to the canton if equitable.
Para. 1bis — Inserted by Annex No 2 of the FA of 17 March 2017 (Commercial Register Law), in force since 1 Jan. 2021 (AS 2020 957; BBl 2015 3617).
Art. 108 Unnecessary costs
Unnecessary costs are charged to the party that caused them.
Art. 109 Allocation in the event of a settlement
1 If a case is settled in court, the costs are charged to the parties according to the terms of the settlement. 2 The costs are allocated according to Articles 106–108: a if the settlement does not provide for the allocation of costs; or b. if, in terms of the settlement, the costs are charged solely to a party that has been granted legal aid.
Art. 110 Appellate remedy
The decision on costs may be separately challenged by filing an objection only.
Art. 111 Recovery of costs
1 Where a party who has paid an advance is ordered to pay costs, the court costs shall be set off against the advances paid. Otherwise an advance shall be refunded. The party liable to pay the costs shall be required to pay any shortfall. 2 The party liable to pay the costs shall pay the other party the party costs awarded. 3 The provisions on legal aid are reserved.
Para. 1 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 112 Deferment, waiver, prescription and interest
1 The court may defer or, in the event of permanent lack of means, waive the court costs. 2 The debt prescribes ten years after the close of proceedings. 3 The default interest is 5 percent.
Chapter 3 Special Provisions on Costs
Art. 113 Conciliation proceedings
1 No party costs are awarded in conciliation proceedings. Payment by the canton of legal agents under the legal aid system is reserved. 2 No court costs are charged in disputes: a. relating to the Gender Equality Act of 24 March 1995; b. relating to the Disability Discrimination Act of 13 December 2002; c. relating to the rental and lease of residential and business property or the lease of agricultural property; d. relating to an employment contract or the Recruitment Act of 6 October 1989 up to an value in dispute of 30,000 francs; e. relating to the Participation Act of 17 December 1993; f. relating to insurance supplementary to the social health insurance under the Federal Act of 18 March 1994 on Health Insurance; g. under the FADP.
Para. 2 let. a — SR 151.1 Para. 2 let. b — SR 151.3 Para. 2 let. d — SR 823.11 Para. 2 let. e — SR 822.14 Para. 2 let. f — SR 832.10 Para. 2 let. g — Inserted by Annex 1 No II 24 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 2 let. g — SR 235.1
Art. 114 Litigation proceedings
In litigation proceedings, no court costs are charged in disputes: a. relating to the Gender Equality Act of 24 March 1995; b. relating to the Disability Discrimination Act of 13 December 2002; c. relating to an employment contract or the Recruitment Act of 6 October 1989 up to an value in dispute of 30,000 francs; d. relating to the Participation Act of 17 December 1993; e. relating to insurance supplementary to the social health insurance under the Federal Act of 18 March 1994 on Health Insurance; f. because of violence, threats or harassment under Article 28b CC or relating to electronic monitoring under Article 28c CC; g. under the FADP.
let. a — SR 151.1 let. b — SR 151.3 let. c — SR 823.11 let. d — SR 822.14 let. e — SR 832.10 let. f — Inserted by No I 2 of the FA of 14 Dec. 2018 on Improving the Protection of Persons Affected by Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307). let. f — SR 210 let. g — Inserted by Annex 1 No II 24 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). let. g — SR 235.1
Art. 115 Obligation to bear costs
1 Court costs may also be charged in cost-free proceedings to a party who proceeds in a vexatious manner or in bad faith. 2 In the case of litigation relating to Article 114 letter f, court costs may also be charged to the unsuccessful party if an injunction pursuant to Article 28b CC or electronic monitoring pursuant to Article 28c CC is ordered against them.
Para. 2 — SR 210 Para. 2 — Inserted by No I 2 of the FA of 14 Dec. 2018 on Improving the Protection of Persons Affected by Violence, in force since 1 July 2020 (AS 2019 2273; BBl 2017 7307).
Art. 116 Exemption under cantonal law
1 The cantons may provide for further exemptions from procedural costs. 2 Exemptions from costs that the canton provides for itself, its communes or other corporations under public cantonal law also apply to the Confederation.
Chapter 4 Legal Aid
Art. 117 Entitlement
A person is entitled to legal aid if: a. he or she does not have sufficient financial resources; and b. his or her case does not seem devoid of any chances of success.
Art. 118 Extent
1 Legal aid comprises: a. an exemption from the obligation to pay advances and provide security; b. an exemption from court costs; c. the appointment by the court of a legal agent under the legal aid system if this is necessary to protect the rights of the party concerned, and in particular if the opposing party is represented by a legal agent; the legal agent under the legal aid system may be appointed prior to the court hearing in order to prepare the proceedings. 2 Legal aid may be granted for all or part of the case. It can also be granted for the precautionary taking of evidence. 3 The grant of legal aid does not relieve the party concerned from paying party costs to the opposing party.
Para. 2 — Second sentence inserted by No I of the FA of 17 March 2023 (Improvement of Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 119 Application and procedure
1 The application for legal aid may be made before or after an action becomes pending. 2 The applicant must disclose his or her financial circumstances including income and assets and state his or her position on the merits of the case and the evidence he or she intends to produce. He or she may name a preferred legal agent in the application. 3 The court shall decide on the application in summary proceedings. The opposing party may be heard, and must be heard if legal aid is to cover security for party costs. 4 In exceptional circumstances, legal aid may be granted with retrospective effect. 5 A new application for legal aid must be made in appellate proceedings. 6 No court costs are charged for proceedings relating to the granting of legal aid, except in cases of bad faith or vexatious conduct.
Art. 120 Revocation of legal aid
The court shall revoke legal aid if the conditions are no longer fulfilled or if it comes to light that they never were fulfilled.
Art. 121 Appellate remedy
An objection may be filed against the decision by which legal aid is refused or revoked in full or in part.
Art. 122 Recovery of costs
1 If a party with legal aid is unsuccessful, the costs shall be settled as follows: a. the legal agent under the legal aid system shall be adequately remunerated by the canton; b. the court costs shall be charged to the canton; c. the opposing party shall have its advances refunded; d. the party with legal aid must pay party costs to the opposing party. 2 If the party with legal aid is successful, the legal agent under the legal aid system shall be adequately remunerated by the canton where compensation from the opposing party is irrecoverable or likely to be irrecoverable. By paying the remuneration, the canton becomes entitled to enforce the claim for costs.
Art. 123 Reimbursement
1 A party must reimburse the legal aid received as soon as he or she is in a position to do so. 2 The canton's claim prescribes 10 years after the close of proceedings.
Title 9 Director of Proceedings, Procedural Acts a
Chapter 1 Director of Proceedings
Art. 124 Principles
1 The court is the director of proceedings. It issues the required procedural rulings to enable the proceedings to be prepared and conducted efficiently. 2 The role of director of proceedings may be delegated to one of the members of the court. 3 The court may at any time attempt to achieve an agreement between the parties.
Art. 125 Simplification of proceedings
In order to simplify the proceedings, the court may, in particular: a. limit the proceedings to individual issues or prayers for relief; b. order the separation of jointly filed actions; c. order the joinder of separately filed actions; d. separate the counterclaim from the main proceedings.
Art. 126 Suspension of proceedings
1 The court may suspend proceedings if appropriate. The proceedings may be suspended in particular if the decision depends on the outcome of other proceedings. 2 An objection may be filed against the suspension.
Art. 127 Transfer of connected cases
1 If factually connected cases are pending before different courts, the subsequently seised court may transfer the case to the court seised first if that court agrees to take over. 2 An objection may be filed against the transfer.
Art. 128 Procedural discipline and vexatious conduct
1 Any person who violates decency in court or disrupts the course of the proceedings shall be liable to a reprimand or a disciplinary fine not exceeding 1,000 francs. In addition, the court may exclude the person concerned from the hearing. 2 The court may request the assistance of the police to enforce its orders. 3 In the event of bad faith or vexatious conduct, the parties and their representatives shall be liable to a disciplinary fine not exceeding 2,000 francs, and in the event of a repetition not exceeding 5,000 francs. 4 An objection may be filed against the disciplinary fine.
Chapter 2 Forms of Procedural Acts
Section 1 Language of the Proceedings
Art. 129
1 The proceedings shall be held in the official language of the canton in which the case is heard. Cantons that recognise two or more official languages shall regulate their use in the proceedings. 2 Cantonal law may provide for the following languages to be used at the request of all parties: a. a different national language, whereby no party may waive the language of proceedings in accordance with paragraph 1 in advance; b. English in international commercial disputes under Article 6 paragraph 4 letter c before the commercial court or the ordinary court.
Para. 2 let. b — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Section 2 Party Submissions
Art. 130 Form
1 Submissions must be filed with the court in the form of paper documents or electronically. They must be signed. 2 In the case of electronic submission, the submission and its enclosures must bear a qualified electronic signature in accordance with the Federal Act of 18 March 2016 on Electronic Signatures. The Federal Council shall regulate: a. the format for submissions and their attachments; b. the method of transmission; c. the requirements for requesting the submission of documents in paper form in the event of technical problems.
Art. 130 — Amended by Annex No II 5 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001). Para. 2 — SR 943.03
Art. 131 Number of copies
Submissions and their attachments in paper form must be filed once for the court and once for each opposing party, failing which the court may set a period of grace or make the copies at the defaulting party's expense.
Art. 132 Defective, querulous and abusive submissions
1 The court shall set a deadline for rectifying formal defects such as a missing signature or missing power of attorney. In the event of default, the submission is not taken into consideration. 2 The same applies to submissions that are illegible, improper, incomprehensible or incoherent. 3 Querulous or abusive submissions are returned to the sender without further formalities.
Section 3 Summons
Art. 133 Content
The summons contains: a. the name and address of the summoned party; b. the matter in dispute and the parties; c. the capacity in which the party is summoned; d. the place, date and time of the required appearance or the availability required when using electronic equipment for audio or video transmission; d. the place, date and time of the appearance; e. the procedural act to which the party is summoned; f. the consequences of default; g. the date of the summons and the seal of the court.
let. d — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 134 Timing
Unless the law provides otherwise, the summons must be sent out at least 10 days prior to the date of appearance.
Art. 135 Postponement of appearance
If there is good reason, the court may postpone the date of an appearance. It may do so: a. ex officio; or b. if a request to do so is made before the date.
Section 4 Service of Process
Art. 136 Documents to be served
The court shall serve the persons concerned in particular with: a. the summons; b. rulings and decisions; c. the submissions of the opposing party.
Art. 137 Service to a representative
If a party is represented, service is made to the representative.
Art. 138 Form
1 The summons, rulings and decisions are served by registered mail or by other means against confirmation of receipt. 2 Service is accomplished when the document has been received by the addressee or one of his or her employees or a person of at least 16 years of age living in the same household, unless the court instructs that a document must be served personally on the addressee. 3 Service is also deemed to have been effected: a. in the case of a registered letter that has not been collected: on the seventh day after the failed attempt to serve it provided the person had to expect such service; b. in the case of personal service if the addressee refuses to accept service and if such refusal is recorded by the bearer: on the day of refusal. 4 Other documents may be served by regular mail.
Art. 139 Electronic service
1 With the consent of the person concerned, summonses, rulings and decisions may be served electronically. They must bear an electronic signature in accordance with the Federal Act of 18 March 2016 on Electronic Signatures. 2 The Federal Council regulates: a. the signature to be used; b. the format for summonses, rulings and decisions and their attachments; c. the method of transmission; d. the point in time at which the summons, ruling or decision is deemed to have been served.
Art. 139 — Amended by Annex No II 5 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001). Para. 1 — SR 943.03
Art. 140 Domicile for service
The court may instruct parties with domicile or registered office abroad to provide a domicile for service in Switzerland.
Art. 141 Public notice
1 Service shall be effected by notice in the official gazette of the canton or in the Swiss Official Gazette of Commerce where: a. the whereabouts of the addressee are unknown and cannot be ascertained despite making reasonable enquiries; b. service is impossible or would lead to exceptional inconvenience; c. if a party with domicile or registered office abroad has not provided a domicile for service in Switzerland despite being instructed to do so by the court. 2 Service is deemed accomplished on the day of publication.
Section 5 Use of Electronic Equipment for Audio or
Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 141a Principles
1 The court may conduct procedural acts orally on request or ex officio by using electronic audio or video equipment, in particular by videoconference, or authorise the persons participating in the proceedings to do so by using such equipment, unless the law provides otherwise and all parties agree. 2 If this Code requires the parties to appear in person, the use of electronic equipment is only permitted if the parties agree and there are no overriding public or private interests to the contrary. 3 If a hearing in accordance with this Code is public, the court shall grant access to the courtroom on request. The court may also grant access by electronic means without a prior request being required.
Art. 141b Requirements
1 The following requirements must be met when using electronic audio or video equipment: a. The transmission of sound and images between all persons participating in the procedural act takes place simultaneously. b. The examination of witnesses, questioning of parties, giving of evidence and personal hearings shall be recorded; other hearings may exceptionally be recorded on request or ex officio, unless the sole purpose of a hearing is to freely discuss the matter in dispute or to attempt to reach an agreement. c. Data protection and data security are guaranteed. 2 With the consent of the persons concerned, video transmission may be dispensed with by way of exception if there is particular urgency or other special circumstances in the individual case. 3 The Federal Council shall regulate the technical requirements and the requirements for data protection and data security.
Chapter 3 Limitation Periods, Default and Reinstat
Section 1 Limitation Periods
Art. 142 Computation
1 Limitation periods triggered by a communication or the occurrence of an event starting on the following day. 1bis If a document is served by ordinary post on a Saturday, a Sunday or a public holiday recognised under federal or cantonal law at the place of jurisdiction (Art. 138 para. 4), the communication under paragraph 1 shall be deemed to have been made on the following working day. 2 If a limitation period is measured in months, it expires on the same date of the last month as the date of the month in which the period started to run. In the absence of such a date, the period expires on the last day of the month. 3 If the last day of a limitation period is a Saturday, a Sunday or a public holiday recognised by federal or cantonal law at the location of the court, the period expires on the following working day.
Para. 1bis — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 143 Compliance
1 Submissions must be filed no later than the last day of the limitation period, either by filing with the court or by handing over to Swiss Post or a diplomatic mission or consular office of Switzerland for forwarding on to the court. 1bis Submissions that are mistakenly filed within the time limit with a Swiss court that does not have jurisdiction are deemed to have been filed on time. If another court in Switzerland has jurisdiction, the court without jurisdiction shall forward the submission ex officio. 2 In case of electronic submission, the relevant time for compliance with a deadline is that at which the receipt is issued that confirms that all the steps have been completed that the party must carry out for transmission. 3 Payment to the court is made within the deadline if the funds are handed over to Swiss Post in favour of the court or debited from a postal or bank account in Switzerland no later than on the last day of the limitation period.
Para. 1bis — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Amended by Annex No II 5 of the FA of 18 March 2016 on Electronic Signatures, in force since 1 Jan. 2017 (AS 2016 4651; BBl 2014 1001).
Art. 144 Extension
1 Statutory limitation periods may not be extended. 2 Limitation periods set by the court may be extended for good reason if the request to do so is made before the period expires.
Art. 145 Suspension of limitation periods
1 Statutory limitation periods or periods set by the court shall be suspended: a. from the seventh day before Easter up to and including the seventh day after Easter; b. from 15 July up to and including 15 August; c. from 18 December up to and including 2 January. 2 The suspension does not apply: a. in conciliation proceedings; b. in summary proceedings. 3 Parties must be made aware of the exceptions provided in paragraph 2 above. 4 The provisions of this Code on the suspension of time limits apply to all actions under the DEBA which are to be brought before a court. They do not apply to objections filed with the supervisory authority.
Para. 4 — SR 281.1 Para. 4 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 146 Effects of suspension
1 If service is effected during suspension, the limitation period starts to run on the first day following the end of the suspension. 2 No hearings are held in court during the suspension period, unless the parties agree otherwise.
Section 2 Default and Reinstatement
Art. 147 Default and consequences of default
1 A party is in default if he or she fails to accomplish a procedural act within the set limitation period or does not appear when summoned to appear. 2 The proceedings shall continue without the act defaulted on unless the law provides otherwise. 3 The court shall draw the parties' attention to the consequences of default.
Art. 148 Reinstatement of proceedings
1 The court may on application grant a period of grace or summon the parties again for a new appearance provided the defaulting party shows credibly that he or she was not responsible for the default or was responsible only to a minor extent. 2 The application must be submitted within 10 days of the day when the cause of default has ceased to apply. 3 If notice of a decision has been given to the parties, reinstatement may be requested only within six months after the decision has come into force.
Art. 149 Reinstatement procedure
The court shall invite the opposing party to comment on the application and shall issue a final decision unless the refusal to reinstate the proceedings results in the permanent loss of rights.
Art. 149 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 10 Proof
Chapter 1 General Provisions
Art. 150 Subject of evidence
1 Proof is required of facts that are legally relevant and disputed. 2 Proof may also be required of common practice, local usages and, in financial disputes, foreign law.
Art. 151 Known facts
Proof is not required in support of publicly known facts, facts known to the court and commonly accepted matters of experience.
Art. 152 Right to have evidence accepted
1 Each party is entitled to have the court accept the evidence that he or she offers in the required form and time. 2 Illegally obtained evidence shall be considered only if there is an overriding interest in finding the truth.
Art. 153 Taking of evidence ex officio
1 The court shall take evidence ex officio whenever it must ascertain the facts ex officio. 2 It may take evidence ex officio if serious doubts exist as to the truth of an undisputed fact.
Art. 154 Ruling on evidence
Before evidence is taken, the court shall issue the required rulings. They indicate, in particular, the admissible evidence and, for each fact, which party has the burden of proof or counter-proof. Rulings on evidence may be changed or amended any time.
Art. 155 Taking of evidence
1 The taking of evidence may be delegated to one or more members of the court. 2 A party may, for good cause, request that the evidence be taken by the court that decides the case. 3 The parties have the right to participate in the taking of evidence.
Art. 156 Safeguarding legitimate interests
The court shall take appropriate measures to ensure that taking evidence does not infringe the legitimate interests of any parties or third party, such as business secrets.
Art. 157 Free assessment of evidence
The court forms its opinion based on its free assessment of the evidence taken.
Art. 158 Precautionary taking of evidence
1 The court shall take evidence at any time if: a. the law grants the right to do so; or b. the applicant shows credibly that the evidence is at risk or that it has a legitimate interest. 2 The provisions regarding interim measures apply.
Art. 159 Management bodies of a legal entity
If a legal entity is party to proceedings, its management bodies are deemed to be parties when taking evidence.
Chapter 2 Duty to Cooperate and Right to Refuse
Section 1 General Provisions
Art. 160 Duty to cooperate
1 Parties and third parties have a duty to cooperate in the taking of evidence. In particular, they have the duty: a. to make a truthful deposition as a party or a witness; b. to produce the physical records, with the exception of documents forming correspondence between a party or a third party and a lawyer who is entitled to act as a professional representative, or with a patent attorney as defined in Article 2 of the Patent Attorney Act of 20 March 2009; c. to allow an examination of their person or property by an expert. 2 The court has free discretion to decide on the duty of minors to cooperate. It shall take account of the child's welfare. 3 Third parties that are under a duty to cooperate are entitled to reasonable compensation.
Para. 1 let. b — Amended by No I 4 of the FA of 28 Sept. 2012 on the Amendment of Procedural Provisions on Lawyers' Professional Secrecy, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181). Para. 1 let. b — SR 935.62 Para. 2 — Amended by Annex 2 No 3 of the FA of 19 Dec. 2008, in force since 1 Jan. 2013 (AS 2010 1739, 2011 725; BBl 2006 72217001).
Art. 161 Advice
1 The court shall advise the parties and third parties of their duty to cooperate, the right to refuse to cooperate and the consequences of default. 2 The court may not consider the evidence taken if parties or third parties have not been advised of their right to refuse to cooperate unless the person concerned consents or his or her refusal would not have been justified.
Art. 162 Justified refusal to cooperate
The court may not infer from a party's or third party's legitimate refusal to cooperate that the alleged fact is proven.
Section 2 Parties' Right to Refuse
Art. 163 Right to refuse
1 A party may refuse to cooperate if: a. the taking of evidence would expose a close associate as defined in Article 165 to criminal prosecution or civil liability; b. the disclosure of a secret would be an offence under Article 321 of the Swiss Criminal Code (SCC); the foregoing does not apply to auditors; Article 166 paragraph 1 letter b third subset applies by analogy. 2 Other confidants entrusted with legally protected secrets may refuse to cooperate if they credibly demonstrate that the interest in keeping the secret outweighs the interest in finding the truth.
Para. 1 let. b — SR 311.0
Art. 164 Unjustified refusal
If a party refuses to cooperate without valid reasons, the court shall take this into account when appraising the evidence.
Section 3 Third Parties' Right to Refuse
Art. 165 Absolute right to refuse
1 The following persons have the right to refuse to cooperate: a. any person who is or was married to or cohabits with a party; b. any person who has a child with a party; c. any person who is related to a party by birth or marriage in direct line or collaterally up to the third degree; d. the foster parents, foster children and foster siblings of a party; e. the person appointed guardian or deputy for a party. 2 A registered partnership is deemed equivalent to marriage. 3 Step-siblings are deemed equivalent to siblings.
Para. 1 let. e — Amended by Annex 2 No 3 of the FA of 19 Dec. 2008, in force since 1 Jan. 2013 (AS 2010 1739, 2011 725; BBl 2006 7221 7001).
Art. 166 Limited right to refuse
1 Any third party may refuse to cooperate: a. in establishing facts that would expose him or her or a close associate as defined in Article 165 to criminal prosecution or civil liability; b. to the extent that the revelation of a secret would be an offence by virtue of Article 321 SCC; auditors excepted; however, with the exception of lawyers and clerics, third parties must cooperate if they are subject to a disclosure duty or if they have been released from duty of secrecy, unless they show credibly that the interest in keeping the secret takes precedence over the interest in finding the truth; c. in establishing facts that have been confided in him or her in his or her official capacity as public official as defined in Article 110 paragraph 3 SCC or as a member of a public authority, or facts that have come to his or her attention in exercising his or her office or while carrying out an auxiliary activity for a public official or an authority; he or she must cooperate if he or she is
Para. 1 let. b — SR 311.0 Para. 1 let. c — Amended by Annex 1 No 5 of the Information Security Act of 18 Dec. 2020, in force since 1 Jan. 2023 (AS 2022 232, 750; BBl 2017 2953). Para. 1 let. d — Amended by Annex No 2 of the FA of 20 March 2015 (Child Maintenance), in force since 1 Jan. 2017 (AS 2015 4299; BBl 2014 529).
Art. 167 Unjustified refusal
1 If a third party refuses to cooperate without justification, the court may: a. impose a disciplinary fine up to 1,000 francs; b. threaten sanctions under Article 292 SCC; c. order the use of compulsory measures; d. charge the third party the costs caused by the refusal. 2 The default of a third party has the same consequences as refusing to cooperate without a valid reason. 3 The third party may file an objection against the court's order.
Para. 1 let. b — SR 311.0
Section 4 Right to Refuse in relation to the Activ
Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 167a
1 A party may refuse to cooperate and to hand over documents in connection with the activities of its in-house legal service if: a. it is registered as a legal entity in the Swiss Commercial Register or in a comparable foreign register; b. the legal service is headed by a person who holds a cantonal licence to practise law or who fulfils the professional requirements for practising law in their country of origin; and c. the activity in question would be considered profession-specific for a lawyer. 2 A third party may refuse to cooperate and to hand over documents in connection with their activities in an internal legal service subject to the conditions set out in paragraph 1. 3 The parties and the third parties may file an objection against decisions on the refusal to cooperate in accordance with paragraphs 1 and 2. 4 The costs of disputes concerning the right of refusal in accordance with paragraphs 1 and 2 shall be borne by the party or third person who invokes it.
Chapter 3 Evidence
Section 1 Admissible Evidence
Art. 168
1 The following evidence is admissible: a. testimony; b. physical records; c. inspections; d. expert opinion; e. written statements; f. the examination of and evidence given by the parties. 2 The provisions relating to matters of children in family law proceedings are reserved.
Section 2 Testimony
Art. 169 Subject matter
Any person who is not a party may testify on matters that he or she has directly witnessed.
Art. 170 Summons
1 Witnesses are summoned by the court. 2 The court may allow the parties to bring along witnesses without a summons. 3 A witness may be questioned at his or her place of residence. The parties must be notified thereof in advance.
Art. 170a Examination by video conference
The court may conduct the examination of a witness by videoconference or other electronic method of audio or video transmission, or question a witness by such means while the other participants are present on the court's premises, provided there are no overriding public or private interests, in particular the safety of the witness, to the contrary.
Art. 170a — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 171 Examination procedure
1 A witness shall be cautioned as to the requirement to tell the truth before being examined; if at least 14 years of age, the witness shall also be advised of the criminal consequences of perjury (Art. 307 SCC). 2 The court shall question each witness individually with no other witnesses present; the foregoing is subject to the provision on confrontation. 3 The witness must testify without notes; the court may authorise the use of written documents. 4 The court shall exclude witnesses from the remainder of the hearing as long as they have not been released from being a witness.
Para. 1 — SR 311.0
Art. 172 Content of the examination
The court shall ask witnesses: a. to state their particulars; b. to describe their personal relationship with the parties and other circumstances that may be relevant to the credibility of their testimony; c. to state their observations on the facts of the case.
Art. 173 Additional questions
The parties may request that additional questions be put to the witness, or, with the consent of the court, they may themselves ask such questions.
Art. 174 Confrontation
Witnesses may be confronted with other witnesses and with the parties.
Art. 175 Testimony of an expert witness
If a witness has special expertise, the court may also ask him or her questions about his or her assessment of the facts of the case.
Art. 176 Transcript
1 The essential details of the statement shall be placed on record, which is then read out or given to the witness to read and thereafter signed by the witness. Where a party has requested additional questions, but the request has been rejected, the questions shall also be recorded if a party so requests. 2 In addition, the statement may be recorded on tape, by video or by using other appropriate technical aids. 3 …
Para. 1 — Amended by No I 1 of the FA of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719). Para. 3 — Inserted by No I 1 of the FA of 28 Sept. 2012 (Transcription Regulations) (AS 2013 851; BBl 2012 5707 5719). Repealed by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), with effect from 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 176a Transcript of recordings
If the statements made during a hearing are recorded using technical aids, the following derogations apply to the transcript: a. The transcript may be created retrospectively based on the recording. b. The court or the member of court conducting the examination may dispense with reading the transcript to the witness or giving the witness the transcript to read and sign. c. The recording is placed on file.
Art. 176a — Inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Section 3 Physical Records
Art. 177 Definition
Physical records are documents that are suitable to prove legally significant facts, such as papers, drawings, plans, photos, films, audio recordings, electronic files and the like as well as private expert opinions obtained by the parties.
Art. 177 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 178 Authenticity
The party invoking a physical record must prove its authenticity if this is disputed by the opposing party; the opposing party must give adequate grounds for disputing authenticity.
Art. 179 Probative effect of public registers and official records
Public registers and official records are conclusive proof of the facts stated therein, unless their content is proven to be incorrect
Art. 180 Production of physical records
1 A copy of the physical record may be produced in place of the original. The court or a party may request that the original or an officially certified copy be produced if there is justified doubt as to the authenticity of the physical record. 2 If parts of a lengthy physical record are cited as evidence, those parts must be highlighted.
Section 4 Inspection
Art. 181 Procedure
1 At the request of a party or ex officio, the court may conduct an inspection in order to see the facts for itself or for a better understanding of the case. 2 The court may summon witnesses or experts to the inspection. 3 The object of the inspection must be brought to court if it can be moved without difficulty.
Art. 182 Record
A record must be kept of the inspection. If appropriate, the record shall include plans, drawings, photographs and other technical resources.
Section 5 Expert Opinion
Art. 183 Principles
1 At the request of a party or ex officio, the court may obtain an opinion from one or more experts. The court must hear the parties first. 2 The same grounds apply for the recusal of experts as apply to judges and judicial officers. 3 If the court relies on the special expertise of one of its members, it must inform the parties so that they may comment.
Art. 184 Rights and obligations of the expert
1 The expert must tell the truth and must submit his or her opinion within the set deadline. 2 The court shall caution the expert as to the criminal consequences of perjury by an expert witness in terms of Article 307 SCC and of a breach of official secrecy under Article 320 SCC as well as the consequences of default or failure to perform the mandate adequately. 3 The expert is entitled to a fee. An objection may be filed against the decision of the court on the fee.
Para. 2 — SR 311.0
Art. 185 Mandate
1 The court shall instruct the expert and shall submit the relevant questions to him, either in writing or orally at the hearing. 2 The court shall give the parties the opportunity to respond to the questions to be put to the expert and to propose that they be modified or supplemented. 3 The court shall provide the expert with the necessary files and set a deadline for submitting the opinion.
Art. 186 Enquiries by the expert
1 With the authorisation of the court, the expert may carry out his or her own enquiries. He or she must disclose the results of the enquiries in the opinion. 2 At the request of a party or ex officio, the court may order that the expert's enquiries be carried out again in accordance with the rules on taking evidence.
Art. 187 Submission of the opinion
1 The court may order that the expert submits his or her opinion in writing or presents it orally. It may also summon the expert to the hearing in order to explain his or her written opinion. Article 170a applies mutatis mutandis. 2 An orally presented opinion must be placed on record in accordance with Articles 176 and 176a. 3 If two or more experts have been mandated, each one shall submit a separate opinion, unless the court decides otherwise. 4 The court shall give the parties the opportunity to ask for explanations or to put additional questions.
Para. 1 — Third sentence inserted by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697). Para. 2 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Art. 188 Default and inadequate performance
1 If the expert does not submit his or her opinion on time, the court may revoke the mandate and instruct another expert. 2 If an opinion is incomplete, unclear or insufficiently reasoned, the court may at the request of a party or ex officio order that the opinion be completed or explained, or it may call in another expert.
Art. 189 Arbitrator's opinion
1 The parties may agree to obtain an arbitrator's opinion on the matters in dispute. 2 Article 17 paragraph 2 governs the form of the agreement. 3 The court is bound by the arbitrator's opinion with regard to the facts established therein provided: a. the parties are free to dispose of the legal relationship; b. no grounds for recusal existed against the expert arbitrator; and c. the opinion has been stated in an impartial manner and is not manifestly incorrect.
Section 6 Written Information
Art. 190
1 The court may obtain information in writing from official authorities. 2 It may obtain information in writing from private persons if the formal examination of a witness seems unnecessary.
Section 7 Examination of the Parties and Giving Ev
Art. 191 Examination of the parties
1 The court may question one or both parties on the relevant facts of the case. 2 Before the examination, the parties shall be cautioned that they must tell the truth and advised that if they wilfully fail to do so, they may be liable to a disciplinary fine not exceeding 2,000 francs or, in the event of repeated failure, not exceeding 5,000 francs.
Art. 192 Giving evidence
1 The court may ex officio order one or both parties to give evidence subject to criminal penalties for failure to do so. 2 Before giving evidence, the parties shall be cautioned that they must tell the truth and advised of the criminal consequences of perjury (Art. 306 SCC).
Para. 2 — SR 311.0
Art. 193 Transcript and video conference procedure
Articles 170a, 176 and 176a apply mutatis mutandis to the questioning of parties and the evidence given.
Art. 193 — Amended by No I of the FA of 17 March 2023 (Improving Practicality and Law Enforcement), in force since 1 Jan. 2025 (AS 2023 491; BBl 2020 2697).
Title 11 Mutual Assistance between Swiss Courts
Art. 194 Principle
1 Courts are obliged to provide mutual assistance. 2 They shall correspond directly with each other.
Para. 2 — The Swiss judicial authority with geographical jurisdiction for mutual assistance requests can be ascertained via the following website: www.elorge.admin.ch
Art. 195 Procedural acts in another canton
Any court may carry out necessary procedural acts directly in another canton; in particular, it may hold hearings and take evidence there.
Art. 196 Mutual assistance
1 The court may request mutual assistance. The request may be made in the official language of either the requesting or the requested court. 2 The requested court shall notify the requesting court and the parties of the place and time of the procedural act. 3 The requested court may demand the reimbursement of its outlays.